1.1.................... moves to amend H.F. No. 3238, the first engrossment, as follows:
1.2Page 2, line 26, after the period insert "Except as provided in paragraph (f),"
1.3Page 3, delete line 25 and insert "within two business days of the firearms transfer.
1.4The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph."
1.5Page 3, before line 26, insert:
1.6"(f) Prior to issuing an order under this subdivision, the court shall determine if an
1.7abusing party poses an imminent risk of causing another person substantial bodily harm.
1.8Upon a finding of imminent risk, the court shall order that the local law enforcement
1.9agency shall take immediate possession of all firearms in the abusing party's possession.
1.10The local law enforcement agency shall exercise due care to preserve the quality and
1.11function of the abusing party's firearms and shall return the firearms to the person upon
1.12request after the expiration of the prohibiting time period, provided the person is not
1.13otherwise prohibited from possessing firearms under state or federal law. The local
1.14law enforcement agency shall, upon written notice from the abusing party, transfer the
1.15firearms to a federally licensed firearms dealer or a third party who may lawfully receive
1.16them. Before a local law enforcement agency transfers a firearm under this paragraph, the
1.17agency shall require the party receiving the firearm to submit an affidavit that complies
1.18with the requirements for affidavits established in paragraph (e). The agency shall file all
1.19affidavits received with the court. The court shall seal all affidavits filed pursuant to this
1.20paragraph. A law enforcement agency may establish policies for disposal of abandoned
1.21firearms, provided such policies require that the abusing party be notified via certified mail
1.22prior to disposal of abandoned firearms."
1.23Page 5, line 34, after the period insert "Except as provided in paragraph (i),"
1.24Page 6, delete line 33 and insert "within two business days of the firearms transfer.
1.25The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph."
1.26Page 6, before line 34, insert:
2.1"(i) Prior to issuing an order under this subdivision, the court shall determine if an
2.2abusing party poses an imminent risk of causing another person substantial bodily harm.
2.3Upon a finding of imminent risk, the court shall order that the local law enforcement
2.4agency shall take immediate possession of all firearms in the abusing party's possession.
2.5The local law enforcement agency shall exercise due care to preserve the quality and
2.6function of the abusing party's firearms and shall return the firearms to the person upon
2.7request after the expiration of the prohibiting time period, provided the person is not
2.8otherwise prohibited from possessing firearms under state or federal law. The local
2.9law enforcement agency shall, upon written notice from the abusing party, transfer the
2.10firearms to a federally licensed firearms dealer or a third party who may lawfully receive
2.11them. Before a local law enforcement agency transfers a firearm under this paragraph, the
2.12agency shall require the party receiving the firearm to submit an affidavit that complies
2.13with the requirements for affidavits established in paragraph (h). The agency shall file all
2.14affidavits received with the court. The court shall seal all affidavits filed pursuant to this
2.15paragraph. A law enforcement agency may establish policies for disposal of abandoned
2.16firearms, provided such policies require that the abusing party be notified via certified mail
2.17prior to disposal of abandoned firearms."
2.18Page 8, line 1, delete "paragraph (b)" and insert "paragraphs (b) and (i),"
2.19Page 9, delete line 6 and insert "within two business days of the firearms transfer.
2.20The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph."
2.21Page 9, before line 7, insert:
2.22"(h) Prior to being released from custody, the court shall determine if the person
2.23poses an imminent risk of causing another person substantial bodily harm. Upon a finding
2.24of imminent risk, the court shall order that the local law enforcement agency shall take
2.25immediate possession of all firearms in the person's possession. The local law enforcement
2.26agency shall exercise due care to preserve the quality and function of the abusing party's
2.27firearms and shall return the firearms to the person upon request after the expiration of the
2.28prohibiting time period, provided the person is not otherwise prohibited from possessing
2.29firearms under state or federal law. The local law enforcement agency shall, upon written
2.30notice from the person, transfer the firearms to a federally licensed firearms dealer or
2.31a third party who may lawfully receive them. Before a local law enforcement agency
2.32transfers a firearm under this paragraph, the agency shall require the party receiving the
2.33firearm to submit an affidavit that complies with the requirements for affidavits established
2.34in paragraph (g). The agency shall file all affidavits received with the court. The court
2.35shall seal all affidavits filed pursuant to this paragraph. A law enforcement agency may
3.1establish policies for disposal of abandoned firearms, provided such policies require that
3.2the person be notified via certified mail prior to disposal of abandoned firearms."
3.3Page 10, line 1, delete "paragraph (d)" and insert "paragraphs (d) and (g),"
3.4Page 11, delete line 3 and insert "within two business days of the firearms transfer.
3.5The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph."
3.6Page 11, before line 4, insert:
3.7"(g) Prior to being released from custody, the court shall determine if the person
3.8poses an imminent risk of causing another person substantial bodily harm. Upon a finding
3.9of imminent risk, the court shall order that the local law enforcement agency shall take
3.10immediate possession of all firearms in the person's possession. The local law enforcement
3.11agency shall exercise due care to preserve the quality and function of the abusing party's
3.12firearms and shall return the firearms to the person upon request after the expiration of the
3.13prohibiting time period, provided the person is not otherwise prohibited from possessing
3.14firearms under state or federal law. The local law enforcement agency shall, upon written
3.15notice from the person, transfer the firearms to a federally licensed firearms dealer or
3.16a third party who may lawfully receive them. Before a local law enforcement agency
3.17transfers a firearm under this paragraph, the agency shall require the party receiving the
3.18firearm to submit an affidavit that complies with the requirements for affidavits established
3.19in paragraph (f). The agency shall file all affidavits received with the court. The court
3.20shall seal all affidavits filed pursuant to this paragraph. A law enforcement agency may
3.21establish policies for disposal of abandoned firearms, provided such policies require that
3.22the person be notified via certified mail prior to disposal of abandoned firearms."