House Bill 26-019

This act establishes a civil court process allowing certain individuals to seek an Extreme Risk Protection Order (ERPO) temporarily prohibiting a person from possessing, purchasing, or receiving firearms when that person presents a significant risk of harming themselves or others. Petitions may be filed by law enforcement, family or household members, persons who regularly lived with the respondent within the previous six months, or licensed medical or mental health professionals who treated the respondent. The act defines a significant risk as a substantial and articulable likelihood of personal injury based on recent acts, threats, or patterns of dangerous behavior.

This act allows a court to issue a temporary ERPO without prior notice when there is probable cause to believe immediate and irreparable harm is likely before the respondent can be heard. A temporary order expires within 14 days unless extended following a hearing, and the respondent must receive notice of the right to counsel and to present evidence and witnesses. A final ERPO may be issued only upon clear and convincing evidence that the respondent presents a significant risk of injury to themselves or others and may remain in effect for no longer than one year. Respondents may request one hearing for early termination, while renewal requires a new petition and a new showing of continued significant risk.

This act requires a person subject to an ERPO to surrender their firearms to law enforcement or a licensed firearm dealer within 24 hours, although a court may approve transfer to a qualified third party or dealer for secure storage. Law enforcement may take temporary custody of firearms when serving an order and may obtain a search warrant upon probable cause if the respondent fails to surrender them. Firearms generally must be returned within five business days after an order expires or is terminated if the respondent remains legally eligible to possess them. Knowingly possessing, purchasing, receiving, or attempting to obtain a firearm while subject to an ERPO is a class A misdemeanor for a first offense and a class B felony for subsequent offenses. Knowingly filing a false or malicious petition is also a criminal offense and may result in civil liability.

This act makes ERPO court records generally confidential while requiring orders to be promptly entered into state and national law-enforcement databases, including NCIC and SABI. The Judicial Branch must publish annual anonymized reports concerning petitions, orders, firearm recoveries, violations, early terminations, and malicious petitions and may study the effectiveness of ERPOs in preventing violence and self-harm. The act contains a safety clause providing for immediate implementation and was approved and took effect on April 9, 2026.