An Act to Protect Maine Communities by Enacting the Extreme
Maine Legislature, Session 132, LD 1378
Amends: 15 MRSA §393, 15 MRSA §1023, 17-A MRSA §15

Legislative Document
No. 1378
I.B. 2
House of Representatives, April 1, 2025
An Act to Protect Maine Communities by Enacting the Extreme 
Risk Protection Order Act
Transmitted to the Clerk of the 132nd Maine Legislature by the Secretary of State on 
March 27, 2025 and ordered printed.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §393, sub-§1, ¶E-3 is enacted to read:
E-3.  Is currently the subject of an extreme risk protection order issued pursuant to Title 
25, section 2244 or an emergency extreme risk protection order issued pursuant to Title 
25, section 2245, except that the prohibition applies to possession and control, not 
ownership.  Violation of this paragraph is a Class D crime;
Sec. 2.  15 MRSA §1023, sub-§4, ¶B-2 is enacted to read:
B-2.  Set preconviction bail for a defendant alleged to have committed a violation of 
section 393, subsection 1, paragraph E-3;
Sec. 3.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2023, c. 465, §1, is further 
amended by amending subparagraph (24) to read:
(24)  A Class D or Class E crime committed while released on preconviction or 
post-conviction bail; or
Sec. 4.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2023, c. 465, §1, is further 
amended by amending subparagraph (25) to read:
(25)  A violation of a condition of release from a community confinement 
monitoring program pursuant to Title 30‑A, section 1659‑A; and or
Sec. 5.  17-A MRSA §15, sub-§1, ¶A, as amended by PL 2023, c. 465, §1, is further 
amended by enacting a new subparagraph (26) to read:
(26)  A violation of an extreme risk protection order issued pursuant to Title 25, 
section 2244, subsection 3 or an emergency extreme risk protection order pursuant 
to Title 25, section 2245, subsection 2; and
Sec. 6.  25 MRSA c. 261 is enacted to read:
CHAPTER 261
EXTREME RISK PROTECTION ORDER ACT
§2241. Short title
This chapter may be known and cited as "the Extreme Risk Protection Order Act."
§2242. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Court.  "Court" means a District Court in this State.
2. Dangerous weapon.  "Dangerous weapon" has the same meaning as in Title 17-A, 
section 2, subsection 9, paragraph C, including a firearm as defined in Title 17-A, section 
2, subsection 12-A.
3. Extreme risk protection order. "Extreme risk protection order" means a written 
order issued pursuant to this chapter that prohibits and enjoins an individual from 
purchasing, possessing or receiving a dangerous weapon or having or attempting to have 
custody or control of a dangerous weapon. 
4. Family or household member.  "Family or household member" means a spouse or 
domestic partner of the respondent, a former spouse or former domestic partner of the 
respondent, an individual presently or formerly living with the respondent as a spouse of 
the respondent, a parent of a child of the respondent, an adult sibling of the respondent, an 
adult child of the respondent, a parent of the respondent or an adult presently living with 
the respondent.
5.  Law enforcement agency.  "Law enforcement agency" means a state, county, 
tribal, municipal or University of Maine System law enforcement agency. "Law 
enforcement agency" does not include a federal law enforcement agency.
6. Law enforcement officer.  "Law enforcement officer" has the same meaning as in 
section 2801-A, subsection 5.  "Law enforcement officer" does not include a federal law 
enforcement officer.
7. Petition.  "Petition" means a petition for an extreme risk protection order filed 
pursuant to this chapter.
8. Petitioner.  "Petitioner" means a family or household member, a law enforcement 
agency or a law enforcement officer who files a petition for an extreme risk protection 
order pursuant to this chapter.
9. Respondent.  "Respondent" means an individual named in a petition for an extreme 
risk protection order filed pursuant to this chapter whose purchase, possession, receipt, 
custody or control of a dangerous weapon the petitioner seeks to restrain.
§2243. Jurisdiction and venue 
1. Jurisdiction.  The court has jurisdiction over proceedings under this chapter.
2. Venue.  A proceeding under this chapter must be commenced in the judicial division 
where the respondent resides or where events that give rise to the petition occurred.  If a 
District Court Judge is not available in the division in which a petition is to be filed 
requesting an extreme risk protection order under section 2244 or an emergency extreme 
risk protection order under section 2245, the petition and any accompanying motion may 
be presented to any other District Court Judge or to any Superior Court Justice who has the 
same authority as a District Court Judge to grant or deny the order.
§2244. Extreme risk protection orders
1. Petition.  A family or household member, a law enforcement agency or a law 
enforcement officer may file a petition requesting that the court issue an extreme risk 
protection order in accordance with this subsection.
A.  A petition filed pursuant to this subsection must allege that the respondent poses a 
significant danger of causing physical injury to the respondent or another person by 
purchasing, possessing or receiving a dangerous weapon or by having or attempting to 
have custody or control of a dangerous weapon.
B.  A significant danger of causing physical injury to another person may be shown by 
establishing that:
(1) The respondent has inflicted or attempted to inflict physical injury on another 
person;
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical injury; or
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to another person in the respondent's care.
The court may consider any additional information the court finds to be reliable, 
including a statement by the respondent, or relevant information from family or 
household members concerning the respondent, and any other facts that the court finds 
to be relevant.
C.  A significant danger of causing physical injury to the respondent may be shown by 
establishing that the respondent has threatened or attempted suicide or has threatened 
or attempted serious bodily injury.
D.  The petition must be supported by an affidavit or affidavits that:
(1) State the specific facts establishing that the requirements in paragraph B or C 
have been met;
(2) State whether the petitioner knows of any dangerous weapons in the 
respondent's possession, custody or control and the identity and location of any 
such weapons, if known; 
(3) State whether the petitioner knows of an existing order issued with respect to 
the respondent under Title 5, section 4655 or Title 19-A, chapter 103 or a similar 
order issued by a court of competent jurisdiction in the United States or another 
state, territory, commonwealth or federally recognized Indian tribe; and
(4) Acknowledge that the petitioner is aware that it is a crime to make a false 
statement under oath in a court document.
E.  The court shall provide forms to a petitioner filing a petition or any other necessary 
documents.  The court may not provide assistance in filling out any such forms or in 
drafting legal documents or provide legal advice to a petitioner. The forms provided 
by the court under this paragraph must be uniform throughout the State and must 
include a summons and an affidavit for an extreme risk protection order.  The summons 
must include a section on which the petitioner may list the places where the respondent 
may be located or may be available to be served.
F.  A filing fee may not be required for a petition filed pursuant to this subsection.
2.  Hearing.  Except as provided in section 2245 with respect to an emergency extreme 
risk protection order, the court may grant relief only after notice to the respondent and an 
opportunity for a hearing. The petitioner has the burden of proving by a preponderance of 
the evidence that the respondent poses a significant danger of causing physical injury to 
the respondent or another person by purchasing, possessing or receiving a dangerous 
weapon or by having or attempting to have custody or control of a dangerous weapon.
A. The court shall hold a hearing within 14 days after a petition is filed pursuant to this 
section.  Notice of the hearing must be served pursuant to section 2247 concurrently 
with the petition and any ex parte order issued pursuant to section 2245. This section 
does not limit the court's discretion to continue the hearing upon the court's own motion 
or upon motion of either party.
B.  The respondent has the right to be represented by counsel at a hearing. The court 
may, in its discretion, appoint counsel for an indigent party.  The State is responsible 
for the cost of appointed counsel.
3. Orders.  The court shall grant a petition and issue an extreme risk protection order 
if the court finds by a preponderance of the evidence that the respondent poses a significant 
danger of causing physical injury to the respondent or to another person by purchasing, 
possessing or receiving a dangerous weapon or by having or attempting to have custody or 
control of a dangerous weapon.
A. The court shall issue an order under this subsection prohibiting the respondent from 
purchasing, possessing or receiving a dangerous weapon or having or attempting to 
have custody or control of a dangerous weapon for a period of up to one year. The 
order must be signed in writing and include the following:
(1) A statement of the grounds for the issuance of the order; 
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires; 
(3) A description of how to appeal the order pursuant to section 2251; 
(4) A description of the requirements for relinquishment and return of a dangerous 
weapon under section 2250;  
(5) A description of how to request termination of the order under section 2246, 
including a form for a motion to terminate the order; and
(6) A statement in substantially the following form:
"To the subject of this extreme risk protection order: This order is in effect until 
the date and time stated above. If you have not done so already, you are required 
to surrender all dangerous weapons in your possession, control or custody as 
directed in this order. While this order is in effect, you are not allowed to purchase, 
possess or receive a dangerous weapon; attempt to purchase, possess or receive a 
dangerous weapon; or have or attempt to have custody or control of a dangerous 
weapon. You have the right to request one hearing to terminate this order during 
the period that this order is in effect, starting from the date of this order. You may 
seek the advice of an attorney regarding any matter connected with this order."
B. The court shall make either written findings of fact or oral findings of fact on the 
record. If a court denies a petition filed pursuant to this subsection, the court shall state 
the reason for the denial.
C. An order issued pursuant to this section must include the following statement: 
"VIOLATION OF THIS ORDER IS A CRIME AS PROVIDED BY THE MAINE 
REVISED STATUTES, TITLE 15, SECTION 393, AND MAY ALSO RESULT IN 
SANCTIONS FOR CONTEMPT PURSUANT TO THE MAINE RULES OF CIVIL 
PROCEDURE, RULE 66."
§2245. Emergency extreme risk protection orders 
1.  Petition. In filing a petition under this chapter, a petitioner may request that the 
court issue an emergency extreme risk protection order.  An emergency extreme risk 
protection order may be issued ex parte, without prior notice to the respondent.
A. A petitioner seeking an emergency ex parte order shall indicate in the petition and 
affidavit or affidavits that emergency relief is requested because the respondent poses 
an immediate and significant danger of causing physical injury to the respondent or to 
another person by purchasing, possessing or receiving a dangerous weapon or by 
having or attempting to have custody or control of a dangerous weapon. An affidavit 
must include specific facts supporting the statement that the respondent poses an 
immediate and significant danger. 
B.  A significant danger of causing physical injury to another person may be shown by 
establishing that:
(1) The respondent has inflicted or attempted to inflict physical injury on another 
person; 
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical injury; or
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to another person in the respondent's care.
The court may consider any additional information the court finds to be reliable, 
including a statement by the respondent, or relevant information from family or 
household members concerning the respondent, and any other facts that the court finds 
to be relevant.
C.  A significant danger of causing physical injury to the respondent may be shown by 
establishing that the respondent has threatened or attempted suicide or has threatened 
or attempted serious bodily injury.
D. The court may issue an emergency extreme risk protection order if the petition and 
affidavit or affidavits present good cause that the respondent poses an immediate and 
significant danger of causing physical injury to the respondent or to another person by 
purchasing, possessing or receiving a dangerous weapon or by having or attempting to 
have custody or control of a dangerous weapon. 
E. The court shall decide whether to grant or deny the petition and issue the order on 
the basis of the contents of the petition and the affidavit or affidavits provided. If the 
petition is granted, the court shall immediately sign the original order, enter on its face 
the exact date and time it is issued and transmit a copy to the petitioner by reliable 
electronic means, such as e-mail. Upon issuance of an order, a copy must be served on 
the respondent pursuant to section 2247.
F. The court may issue an emergency extreme risk protection order by reliable 
electronic means pursuant to this subsection if requested by the petitioner. 
2.  Order. An order issued pursuant to this section may prohibit for a period of up to 
days the respondent from purchasing, possessing or receiving a dangerous weapon or 
having or attempting to have custody or control of a dangerous weapon. This section does 
not limit the court's discretion to continue the final hearing and extend the order upon the 
court's own motion or upon the motion of either party. 
A. The order must be in writing and include the following:
(1) A statement of the grounds for the issuance of the order;
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires;
(3) The date and time of the hearing under subsection 3, paragraph A when the 
respondent may appear to contest the order before the court. The opportunity to 
contest the order must be scheduled as soon as reasonably possible, but may not be 
more than 14 days after the date of the issuance of the order unless extended upon 
the court's own motion or upon the motion of either party;
(4) A description of the requirements for relinquishment and return of dangerous 
weapons under section 2250; and
(5)  A statement in substantially the following form:
"To the subject of this emergency extreme risk protection order: This order is in 
effect until the date and time stated above. If you have not done so already, you are 
required to surrender all dangerous weapons in your possession, control or custody 
as directed in this order. While this order is in effect, you are not allowed to 
purchase, possess or receive a dangerous weapon; attempt to purchase, possess or 
receive a dangerous weapon; or have or attempt to have custody or control of a 
dangerous weapon. A hearing will be held on the date and time noted above to 
determine if an extreme risk protection order should be issued. Failure to appear at 
that hearing may result in the court making an order against you that is valid for up 
to one year. You may request an extension of the hearing date. You may seek the 
advice of an attorney regarding any matter connected with this order. An attorney 
may be appointed at the discretion of the court to represent you if you cannot afford 
one." 
B. An order issued pursuant to this section must include the following statement: 
"VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF 
IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY THE MAINE 
REVISED STATUTES, TITLE 15, SECTION 393, AND MAY ALSO RESULT IN 
SANCTIONS FOR CONTEMPT PURSUANT TO THE MAINE RULES OF CIVIL 
PROCEDURE, RULE 66."
If a court denies a petition filed pursuant to this subsection, the court shall state the reason 
for the denial, which may include either written findings of fact or oral findings of fact on 
the record.
3. Duration.  The duration of an emergency extreme risk protection order issued 
pursuant to this section is as follows.
A.  Unless the petition is voluntarily dismissed pursuant to paragraph B, the court shall 
hold a hearing within 14 days after the issuance of an emergency extreme risk 
protection order to determine if an extreme risk protection order should be issued. If 
not voluntarily dismissed, the emergency extreme risk protection order expires when 
the court grants or denies a petition for an extreme risk protection order in accordance 
with section 2244, subsection 3.
B.  The petitioner may voluntarily dismiss a petition filed pursuant to this section at 
any time prior to the hearing required under paragraph A if the petitioner determines 
the respondent no longer poses an immediate and significant danger of causing physical 
injury to the respondent or to another person by purchasing, possessing or receiving a 
dangerous weapon or by having or attempting to have custody or control of a dangerous 
weapon. If the petitioner voluntarily dismisses the petition pursuant to this paragraph, 
the court shall vacate the emergency extreme risk protection order and direct a law 
enforcement agency in possession of a dangerous weapon belonging to the respondent 
to return it to the respondent consistent with section 2250.
§2246. Termination and renewal motions
1.  Motion to terminate.  A motion to terminate an extreme risk protection order issued 
pursuant to section 2244 is subject to the provisions of this subsection.
A.  The respondent may file a motion to terminate an extreme risk protection order 
issued pursuant to section 2244 or an order renewed under subsection 2.  A motion to 
terminate may not be filed more than once during the effective period of the order. 
B. The motion to terminate an extreme risk protection order and notice of a hearing on 
the motion must be served on the petitioner pursuant to section 2247.
C.  The court shall grant a motion to terminate an extreme risk protection order if it 
finds by clear and convincing evidence that the respondent no longer poses a significant 
danger of causing physical injury to the respondent or to another person by purchasing, 
possessing or receiving a dangerous weapon or by having or attempting to have custody 
or control of a dangerous weapon.
D.  An order on a motion to terminate an extreme risk protection order must state the 
reason for the denial or granting of the motion.
E.  The court shall provide forms to a party filing a motion to terminate an extreme risk 
protection order. The form provided by the court must be uniform throughout the State.
2.  Motion to renew.  A motion to renew an extreme risk protection order issued 
pursuant to section 2244 is subject to the provisions of this subsection.
A.  A petitioner may file a motion to renew an extreme risk protection order issued 
pursuant to section 2244 or renewed pursuant to this subsection for an additional period 
of up to one year.  The motion must be accompanied by an affidavit and must be filed 
not more than 30 days and not less than 14 days before the expiration date of the order.  
The motion and affidavit must comply with the requirements of section 2244, 
subsection 1.  
B.  The court shall hold a hearing within 14 days after a motion to renew an extreme 
risk protection order under paragraph A is filed.  Notice of the hearing must be served 
pursuant to section 2247. The court may extend an extreme risk protection order at the 
time of expiration, upon motion of the petitioner, for additional time as the court 
determines necessary to hold a hearing on a motion to renew. 
C.  The court may grant relief only after notice to the respondent and an opportunity 
for a hearing. The court may grant the motion and renew an extreme risk protection 
order for an additional period of up to one year if it finds by a preponderance of the 
evidence that the respondent continues to pose a significant danger of causing physical 
injury to the respondent or to another person by purchasing, possessing or receiving a 
dangerous weapon or by having or attempting to have custody or control of a dangerous 
weapon. An order on a motion to renew must comply with the requirements of section 
2244, subsection 3.
D.  The court shall provide forms to a party filing a motion to renew an extreme risk 
protection order. The form provided by the court must be uniform throughout the State.
§2247. Service
1.  Form of service; transmittal.  A petition, emergency extreme risk protection order, 
extreme risk protection order or notice of a hearing issued pursuant to this chapter must be 
served by a law enforcement officer in accordance with the Maine Rules of Civil Procedure. 
A court that issues an order under this chapter shall promptly transmit the order 
electronically or by other means to a law enforcement agency for service and shall deliver 
a copy to the appropriate law enforcement agency. 
2.  Service on respondent.  A respondent who attends a hearing held under section 
2244, 2245 or 2246 at which an emergency extreme risk protection order or extreme risk 
protection order is issued and who receives notice from the court at the hearing that the 
order has been issued is deemed to have been served.  Regardless of whether the court has 
previously notified the respondent of the order, the court shall transmit the order for service 
on the respondent by a law enforcement agency.
3.  Performance of service.  A petition, emergency extreme risk protection order, 
extreme risk protection order or notice of a hearing issued pursuant to this chapter must be 
served in a manner calculated to ensure the safety of the parties. Law enforcement agencies 
must have a written policy that prioritizes methods of service that do not involve advance 
notification of a request for an emergency extreme risk protection order to the respondent. 
The law enforcement agency shall make a good faith effort to serve process expeditiously. 
Notice of an emergency extreme risk protection order must be served as soon as practicable, 
but no later than 24 hours after issuance of the order. The law enforcement officer making 
service shall file a return of service with the court stating the date, time and place at which 
the order was delivered personally to the respondent.
4. Service of termination and renewal. A motion to terminate or renew an extreme 
risk protection order must be served by a law enforcement officer in accordance with the 
Maine Rules of Civil Procedure. A notice of hearing may be provided in accordance with 
the Maine Rules of Civil Procedure.
§2248. Procedure 
1. Fee.  A fee may not be charged for forms or for filing a petition, motion or other 
request for relief under this chapter.
2. Rules; other actions not barred.  Proceedings commenced under this chapter must 
be in accordance with the Maine Rules of Civil Procedure. A proceeding under this chapter 
is in addition to any other available civil or criminal remedies. This chapter may not be 
construed to be applicable to actions under Title 19-A, chapter 103.
3. Assistance by law enforcement.  Law enforcement agencies shall assist in carrying 
out the intent of this chapter.
§2249. Enforcement and entering of orders
1.  Law enforcement officers and agencies.  Law enforcement officers are authorized 
to enforce orders issued pursuant to this chapter. A law enforcement agency shall adopt a 
written policy on the enforcement of this chapter and the handling of extreme risk 
protection orders. 
2.  Failure to comply with order.  A person who knowingly violates an extreme risk 
protection order issued pursuant to section 2244 or renewed pursuant to section 2246 or an 
emergency extreme risk protection order issued pursuant to section 2245 is subject to 
sanctions for contempt pursuant to the Maine Rules of Civil Procedure, Rule 66 and 
prosecution pursuant to state law, including, but not limited to, Title 15, section 393.
3.  Notice to State Bureau of Identification; national background check. The court 
clerk shall forward a copy of an extreme risk protection order or emergency extreme risk 
protection order issued pursuant to this chapter the same day the order is issued to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification. Upon 
receipt of the copy of the order, the Department of Public Safety, Bureau of State Police, 
State Bureau of Identification shall enter the order into the Federal Bureau of Investigation, 
National Instant Criminal Background Check System, any other federal or state computer-
based systems used by law enforcement agencies or others to identify prohibited purchasers 
of dangerous weapons and any computer-based criminal intelligence information system 
available in the State used by law enforcement agencies. The order must remain in each 
system for the duration of time it is in effect, and the law enforcement agency shall 
promptly remove expired or terminated orders.
4. Penalty for submitting false information.  A person who submits materially false 
information in support of or in opposition to a petition for an extreme risk protection order 
under this chapter, knowing that material information in the petition or the affidavit is false 
or that the petition or affidavit is submitted with the intent to harass, is guilty of a Class C 
crime. 
5. Warrantless arrest. Notwithstanding any provision of law to the contrary, an arrest 
for criminal violation of an order issued pursuant to this chapter may be without warrant 
upon probable cause whether or not the violation is committed in the presence of a law 
enforcement officer. The law enforcement officer may verify, if necessary, the existence 
of the order, including by telephone or radio communication with a law enforcement 
agency with knowledge of the order.  
§2250. Relinquishment of dangerous weapon
1.  Relinquishment by respondent.  A respondent who is required to relinquish a 
dangerous weapon in the respondent's possession, custody or control under an extreme risk 
protection order issued pursuant to this chapter, upon service of the order, shall 
immediately relinquish the dangerous weapon to the law enforcement officer serving the 
order. A respondent notified by the court at a hearing is required to immediately cooperate 
with a law enforcement officer to come into compliance with the provisions of the order.
2.  Warrant authorizing search and seizure.  If a law enforcement agency 
demonstrates that there is probable cause to believe that the respondent will not relinquish 
a dangerous weapon, a court may issue a search warrant authorizing a law enforcement 
agency to seize any dangerous weapon at any location at the time of the issuance of the 
extreme risk protection order. A court may also issue a search warrant if a law enforcement 
agency demonstrates that there is probable cause to believe that any dangerous weapon has 
not been relinquished by the respondent.
3.  Treatment of seized dangerous weapon.  A law enforcement agency that takes 
possession of a dangerous weapon shall store the dangerous weapon at the law enforcement 
agency's facility or a tribal, regional or state public safety facility. 
4.  Lawful sale of dangerous weapons not affected.  This section may not be 
construed to prohibit the lawful sale of a dangerous weapon by the lawful owner. 
5.  Release of dangerous weapon within 3 days.  A law enforcement agency may 
release to the respondent a dangerous weapon relinquished pursuant to an extreme risk 
protection order issued pursuant to this chapter upon expiration of the extreme risk 
protection order in effect at the time of the request by the respondent and completion of a 
background check using the Federal Bureau of Investigation, National Instant Criminal 
Background Check System in a manner consistent with federal law. The dangerous weapon 
must be returned within 3 business days of the request.
6.  When return prohibited.  Notwithstanding any provision of this chapter to the 
contrary:
A.  A dangerous weapon may not be returned to the respondent if the respondent's 
possession of the dangerous weapon is prohibited by state or federal law; and
B.  A dangerous weapon may not be returned pursuant to this section if the dangerous 
weapon is evidence in a pending criminal matter.
§2251. Appeals
An extreme risk protection order issued pursuant to this chapter is a final order for the 
purposes of appeal. 
§2252. Data and reporting   
1. Annual report; submission to Legislature.  The State Court Administrator, acting 
at the direction of the Chief Justice of the Supreme Judicial Court, shall prepare an annual 
report on and relating to the application of this chapter by the courts.  By January 1, 2027 
and annually thereafter, the State Court Administrator shall prepare and submit the report 
to the joint standing committee of the Legislature having jurisdiction over civil rights 
matters.
2. Report requirements.  The report required by this section must contain the 
following: 
A. The number of petitions filed for an extreme risk protection order; 
B. The number of petitions filed that included a request for an emergency extreme risk 
protection order; 
C. The number of extreme risk protection orders issued and the number denied; 
D. The number of emergency extreme risk protection orders issued without notice and 
the number denied; 
E. The number of extreme risk protection orders that have been voluntarily dismissed 
by the petitioner; 
F. The number of emergency extreme risk protection orders entered without notice that 
have been voluntarily dismissed by the petitioner;
G. The number of motions filed to renew an extreme risk protection order;
H. The number of extreme risk protection orders that have been renewed; 
I. The number of motions filed to terminate an extreme risk protection order;
J. The number of motions filed to terminate an extreme risk protection order that 
resulted in termination of an order prior to the original expiration date;
K. To the extent ascertainable from available state court data, the number of 
respondents subject to an extreme risk protection order who, within 30 days after entry 
of the order, have been charged with a criminal offense, including the nature of the 
criminal offense, whether the offense was a violation of the extreme risk protection 
order and the disposition or status of the offense; and
L. Demographic data regarding the individuals who have been petitioners and 
respondents in actions for extreme risk protection orders.
Sec. 7. Department of Public Safety to obtain federal funding; report.  By 
January 1, 2027, the Department of Public Safety shall report to the joint standing 
committee of the Legislature having jurisdiction over civil rights matters the status of the 
state-level process currently under way to obtain federal funding for storing dangerous 
weapons in the custody of state, county and municipal law enforcement agencies.
SUMMARY
This initiated bill enacts the Extreme Risk Protection Order Act.  Under the bill, a 
petition for an extreme risk protection order, which prohibits the purchase, possession or 
control of a dangerous weapon, may be sought if a person is suspected of posing a 
significant danger of causing physical injury to the person or to another person.  A 
significant danger of causing physical injury to the person or another person is 
demonstrated by establishing that the person has inflicted or attempted to inflict physical 
injury on another person; placed another person in reasonable fear of physical injury; by 
action or inaction, presented a danger to persons in the person's care; or threatened or 
attempted suicide or has threatened or attempted serious bodily injury. The petition may be 
filed by a family or household member of the person or by a law enforcement agency or a 
law enforcement officer and must be supported by an affidavit stating the facts to support 
the allegations, identifying any dangerous weapons believed to be in the person's 
possession and stating whether the person is already the subject of an existing protection 
from harassment or protection from abuse order.  Upon receipt of the petition and affidavit, 
the District Court is required to schedule a hearing, which must be held within 14 days of 
the filing of the petition, and provide notice of the hearing to the person who is the subject 
of the requested extreme risk protection order. Following the hearing, if the court finds by 
a preponderance of the evidence that the person poses a significant risk of causing physical 
injury to the person or to another person, the court must issue an order prohibiting, for up 
to one year, the person from purchasing, possessing or receiving a dangerous weapon, 
attempting to purchase, possess or receive a dangerous weapon or having custody or control 
of a dangerous weapon. 
The bill allows a court to issue an emergency extreme risk protection order without 
prior notice to the person who is the subject of the requested order.  A hearing must be 
scheduled no later than 14 days after the order is issued.
An extreme risk protection order may be terminated upon the request of the person who 
is the subject of the order if that person shows by clear and convincing evidence that the 
person no longer poses a significant danger of causing physical injury to the person or 
another person.  An extreme risk protection order may be renewed for an additional period 
of up to one year.
A person who is the subject of an extreme risk protection order must immediately 
surrender all dangerous weapons in that person's possession, custody or control to a law 
enforcement agency.
The bill directs the State Court Administrator to report annually regarding data related 
to this legislation. It also directs the Department of Public Safety to submit a report to the 
joint standing committee of the Legislature having jurisdiction over civil rights matters on 
the status of obtaining federal funding related to storing dangerous weapons in the custody 
of law enforcement agencies.