Minnesota Legislature
HF 4474
as introduced - 90th Legislature (2017 - 2018) Posted on 05/10/2018 03:07pm
Current Version - as introduced
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A bill for an act
relating to public safety; requiring a hearing if an ex parte order for protection
prohibits the respondent from possessing a firearm; requiring surrender of firearms
to a county sheriff following issuance of an order for protection and domestic
violence convictions; establishing a background check and court appearance for
third parties accepting surrendered firearms; amending Minnesota Statutes 2016,
sections 518B.01, subdivisions 5, 6, 7; 609.2242, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 518B.01, subdivision 5, is amended to read:
Subd. 5.
Hearing on application; notice.
(a) Upon receipt of the petition, the court
shall order a hearing which shall be held not later than 14 days from the date of the order
for hearing unless an ex parte order is issued.
(b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only
the relief under subdivision 7, paragraph (a), a hearing is not required unless:
(1) the court declines to order the requested relief; deleted text begin or
deleted text end
(2) one of the parties requests a hearingnew text begin ; or
new text end
new text begin (3) the ex parte order prohibits the respondent from possessing a firearmnew text end .
(c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief
beyond that specified in subdivision 7, paragraph (a), or if the court declines to order relief
requested by the petitioner, a hearing must be held within seven days. Personal service of
the ex parte order may be made upon the respondent at any time up to 12 hours prior to the
time set for the hearing, provided that the respondent at the hearing may request a continuance
of up to five days if served fewer than five days prior to the hearing which continuance shall
be granted unless there are compelling reasons not to.
(d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph
(a), and the respondent requests a hearing, the hearing shall be held within ten days of the
court's receipt of the respondent's request. Service of the notice of hearing must be made
upon the petitioner not less than five days prior to the hearing. The court shall serve the
notice of hearing upon the petitioner by mail in the manner provided in the Rules of Civil
Procedure for pleadings subsequent to a complaint and motions and shall also mail notice
of the date and time of the hearing to the respondent. In the event that service cannot be
completed in time to give the respondent or petitioner the minimum notice required under
this subdivision, the court may set a new hearing date no more than five days later.
(e)new text begin If an ex parte order prohibits a respondent from possessing a firearm, a hearing must
be held within three days. Personal service of the ex parte order may be made upon the
respondent at any time up to 12 hours prior to the time set for the hearing. At a hearing held
under this paragraph, the court shall inquire as to the respondent's access to firearms and
inform the respondent of the requirement to transfer any firearms the respondent owns or
possesses to the sheriff.
new text end
new text begin (f)new text end If for good cause shown either party is unable to proceed at the initial hearing and
requests a continuance and the court finds that a continuance is appropriate, the hearing
may be continued. Unless otherwise agreed by the parties and approved by the court, the
continuance shall be for no more than five days. If the court grants the requested continuance,
the court shall also issue a written order continuing all provisions of the ex parte order
pending the issuance of an order after the hearing.
deleted text begin (f)deleted text end new text begin (g)new text end Notwithstanding the preceding provisions of this subdivision, service on the
respondent may be made by one week published notice, as provided under section 645.11,
provided the petitioner files with the court an affidavit stating that an attempt at personal
service made by a sheriff or other law enforcement or corrections officer was unsuccessful
because the respondent is avoiding service by concealment or otherwise, and that a copy
of the petition and notice of hearing has been mailed to the respondent at the respondent's
residence or that the residence is not known to the petitioner. Service under this paragraph
is complete seven days after publication. The court shall set a new hearing date if necessary
to allow the respondent the five-day minimum notice required under paragraph (d).
Sec. 2.
Minnesota Statutes 2016, section 518B.01, subdivision 6, is amended to read:
Subd. 6.
Relief by court.
(a) Upon notice and hearing, the court may provide relief as
follows:
(1) restrain the abusing party from committing acts of domestic abuse;
(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;
(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;
(4) award temporary custody or establish temporary parenting time with regard to minor
children of the parties on a basis which gives primary consideration to the safety of the
victim and the children. In addition to the primary safety considerations, the court may
consider particular best interest factors that are found to be relevant to the temporary custody
and parenting time award. Findings under section 257.025, 518.17, or 518.175 are not
required with respect to the particular best interest factors not considered by the court. If
the court finds that the safety of the victim or the children will be jeopardized by unsupervised
or unrestricted parenting time, the court shall condition or restrict parenting time as to time,
place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety
of the victim and the children. The court's decision on custody and parenting time shall in
no way delay the issuance of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under section 518.1705 as part of an
action for an order for protection;
(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support
for minor children or a spouse, and order the withholding of support from the income of
the person obligated to pay the support according to chapter 518A;
(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;
(7) order the abusing party to participate in treatment or counseling services, including
requiring the abusing party to successfully complete a domestic abuse counseling program
or educational program under section 518B.02;
(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to the court for all such transfers,
encumbrances, dispositions, and expenditures made after the order is served or communicated
to the party restrained in open court;
(9) exclude the abusing party from the place of employment of the petitioner, or otherwise
limit access to the petitioner by the abusing party at the petitioner's place of employment;
(10) order the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, or electronic mail or messaging, through a third party, or by any other
means;
(11) order the abusing party to pay restitution to the petitioner;
(12) order the continuance of all currently available insurance coverage without change
in coverage or beneficiary designation;
(13) order, in its discretion, other relief as it deems necessary for the protection of a
family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this section;
(14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent;
and
(15) direct the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.
(b) Any relief granted by the order for protection shall be for a period not to exceed two
years, except when the court determines a longer period is appropriate. When a referee
presides at the hearing on the petition, the order granting relief becomes effective upon the
referee's signature.
(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated
or modified in a proceeding for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for protection concurrently with a
proceeding for dissolution of marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are consolidated and the motion to
modify is granted, a separate order for modification of an order for protection shall be issued.
(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.
(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.
(f) An order for restitution issued under this subdivision is enforceable as civil judgment.
(g) An order granting relief shall prohibit the abusing party from possessing firearms
for the length the order is in effect if the order (1) restrains the abusing party from harassing,
stalking, or threatening the petitioner or restrains the abusing party from engaging in other
conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes
a finding that the abusing party represents a credible threat to the physical safety of the
petitioner or prohibits the abusing party from using, attempting to use, or threatening to use
physical force against the petitioner. The order shall inform the abusing party of that party's
prohibited status. Except as provided in paragraph (i), the court shall order the abusing party
to transfer any firearms that the person possesses, within three business days, to new text begin the sheriff.
The abusing party may authorize the sheriff to make a subsequent transfer of any transferred
firearms to new text end a federally licensed firearms dealerdeleted text begin , a law enforcement agency,deleted text end or a third party
who may lawfully receive them. The transfer may be permanent or temporary. A temporary
firearm transfer only entitles the receiving party to possess the firearm. A temporary transfer
does not transfer ownership or title. deleted text begin An abusing partydeleted text end new text begin Before a sheriff may transfer a firearm
to a third party authorized by the abusing party to receive a firearm: (1) the sheriff must
conduct a background check to verify that the person is eligible to possess a firearm, and
(2) the person must provide proof that the person appeared in court and received notice
from the court on the responsibilities and potential liabilities related to accepting a firearm
including but not limited to the possibility that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. The sheriffnew text end may not transfer
firearms to a third party who resides with the abusing party. If an abusing party makes a
temporary transfer, a federally licensed firearms dealer or deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end
may charge the abusing party a reasonable fee to store the person's firearms and may establish
policies for disposal of abandoned firearms, provided such policies require that the person
be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms
transfers under this paragraph, a deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end , federally licensed firearms
dealer, or third party shall exercise due care to preserve the quality and function of the
transferred firearms and shall return the transferred firearms to the person upon request after
the expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. The return of temporarily transferred
firearms to an abusing party shall comply with state and federal law. If an abusing party
permanently transfers the abusing party's firearms to a deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end , the
deleted text begin agencydeleted text end new text begin sheriffnew text end is not required to compensate the abusing party and may charge the abusing
party a reasonable processing fee. A deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end is deleted text begin notdeleted text end required to accept
an abusing party's firearm under this paragraph.
(h) deleted text begin An abusing party who is ordered to transfer firearms under paragraph (g) must file
proof of transfer as provided for in this paragraph. If the transfer is made to a third party,
the third party must sign an affidavit under oath before a notary public either acknowledging
that the abusing party permanently transferred the abusing party's firearms to the third party
or agreeing to temporarily store the abusing party's firearms until such time as the abusing
party is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the abusing party to the third party. The third
party shall acknowledge in the affidavit that the third party may be held criminally and
civilly responsible under section 624.7144 if the abusing party gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law
enforcement agency or federally licensed firearms dealer, the law enforcement agency or
federally licensed firearms dealerdeleted text end new text begin The sheriffnew text end shall provide proof of transfer to the abusing
partynew text begin and file proof of transfer with the courtnew text end . The proof of transfer must specify whether
the firearms were permanently or temporarily transferred new text begin to the sheriff, whether the abusing
party authorized transfer to a federally licensed firearms dealer or a third party, new text end and include
the name of the abusing party, new text begin date of transfer, new text end date of new text begin subsequent new text end transfernew text begin to a federally
licensed firearms dealer or a third party, if anynew text end , and the serial number, make, and model of
all transferred firearms. The deleted text begin abusing partydeleted text end new text begin sheriffnew text end shall deleted text begin providedeleted text end new text begin file withnew text end the court deleted text begin with a
signed and notarized affidavit ordeleted text end new text begin anynew text end proof of transfer as described in this section within
two business days of the firearms transfer. new text begin If the sheriff further transfers a firearm to a
federally licensed firearms dealer or a third party after filing the proof of transfer, the sheriff
shall file an updated proof of transfer with the court. new text end The court shall seal deleted text begin affidavits anddeleted text end
proofs of transfer filed pursuant to this paragraph.
(i) When a court issues an order containing a firearms restriction provided for in paragraph
(g), the court shall determine by a preponderance of evidence if an abusing party poses an
imminent risk of causing another person substantial bodily harm. Upon a finding of imminent
risk, the court shall order that the deleted text begin local law enforcement agencydeleted text end new text begin sheriffnew text end take immediate
possession of all firearms in the abusing party's possession. The deleted text begin local law enforcement
agencydeleted text end new text begin sheriffnew text end shall exercise due care to preserve the quality and function of the abusing
party's firearms and shall return the firearms to the person upon request after the expiration
of the prohibiting time period, provided the person is not otherwise prohibited from
possessing firearms under state or federal law. new text begin The sheriff shall provide proof that it has
taken possession of any firearms pursuant to an order issued under this paragraph to the
abusing party and the court in a form consistent with paragraph (h). new text end The deleted text begin local law
enforcement agencydeleted text end new text begin sheriffnew text end shall, upon written notice from the abusing party, transfer the
firearms to a federally licensed firearms dealer or a third party who may lawfully receive
themnew text begin and shall file an updated proof of transfer with the courtnew text end . deleted text begin Before a local law enforcement
agency transfers a firearm under this paragraph, the agency shall require the third party or
federally licensed firearms dealer receiving the firearm to submit an affidavit or proof of
transfer that complies with the requirements for affidavits or proofs of transfer established
in paragraph (h).deleted text end The deleted text begin agencydeleted text end new text begin sheriffnew text end shall file all deleted text begin affidavits ordeleted text end proofs of transfer deleted text begin receiveddeleted text end
with the court within two business days of the transfer. The court shall seal all affidavits or
proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or
third party who accepts a firearm transfer pursuant to this paragraph shall comply with
deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (g) deleted text begin and (h)deleted text end as if accepting transfer from the abusing party. If the law
enforcement agency does not receive written notice from the abusing party within three
business days, the agency may charge a reasonable fee to store the abusing party's firearms.
A law enforcement agency may establish policies for disposal of abandoned firearms,
provided such policies require that the abusing party be notified via certified mail prior to
disposal of abandoned firearms.
Sec. 3.
Minnesota Statutes 2016, section 518B.01, subdivision 7, is amended to read:
Subd. 7.
Ex parte order.
(a) Where an application under this section alleges an immediate
and present danger of domestic abuse, the court may grant an ex parte order for protection
and granting relief as the court deems proper, including an order:
(1) restraining the abusing party from committing acts of domestic abuse;
(2) excluding any party from the dwelling they share or from the residence of the other,
including a reasonable area surrounding the dwelling or residence, which area shall be
described specifically in the order, except by further order of the court;
(3) excluding the abusing party from the place of employment of the petitioner or
otherwise limiting access to the petitioner by the abusing party at the petitioner's place of
employment;
(4) ordering the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, e-mail, through electronic devices, or through a third party;
(5) continuing all currently available insurance coverage without change in coverage or
beneficiary designation;
(6) directing the care, possession, or control of a pet or companion animal owned,
possessed, or kept by a party or a child of a party; and
(7) directing the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.
(b) A finding by the court that there is a basis for issuing an ex parte order for protection
constitutes a finding that sufficient reasons exist not to require notice under applicable court
rules governing applications for ex parte relief.
(c) Subject to paragraph (d), an ex parte order for protection shall be effective for a fixed
period set by the court, as provided in subdivision 6, paragraph (b), or until modified or
vacated by the court pursuant to a hearing. When signed by a referee, the ex parte order
becomes effective upon the referee's signature. Upon request, a hearing, as provided by this
section, shall be set. Except as provided in paragraph (d), the respondent shall be personally
served forthwith a copy of the ex parte order along with a copy of the petition and, if
requested by the petitioner, notice of the date set for the hearing. If the petitioner does not
request a hearing, an order served on a respondent under this subdivision must include a
notice advising the respondent of the right to request a hearing, must be accompanied by a
form that can be used by the respondent to request a hearing and must include a conspicuous
notice that a hearing will not be held unless requested by the respondent within five days
of service of the order.
(d) Service of the ex parte order may be made by published notice, as provided under
subdivision 5, provided that the petitioner files the affidavit required under that subdivision.
If personal service is not made or the affidavit is not filed within 14 days of issuance of the
ex parte order, the order expires. If the petitioner does not request a hearing, the petition
mailed to the respondent's residence, if known, must be accompanied by the form for
requesting a hearing and notice described in paragraph (c). Unless personal service is
completed, if service by published notice is not completed within 28 days of issuance of
the ex parte order, the order expires.
(e) If the petitioner seeks relief under subdivision 6 other than the relief described in
paragraph (a), the petitioner must request a hearing to obtain the additional relief.
(f)new text begin If the ex parte order prohibits a respondent from possessing a firearm pursuant to
subdivision 6, paragraph (g), a hearing must be held within three days.
new text end
new text begin (g)new text end Nothing in this subdivision affects the right of a party to seek modification of an
order under subdivision 11.
Sec. 4.
Minnesota Statutes 2016, section 609.2242, subdivision 3, is amended to read:
Subd. 3.
Domestic assaults; firearms.
(a) When a person is convicted of a violation of
this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:
(1) the assault was committed against a family or household member, as defined in
section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission of the assault.
(b) If the court determines that the assault was of a family or household member, and
that the offender owns or possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily forfeited under section 609.5316,
subdivision 3.
(c) When a person is convicted of assaulting a family or household member and is
determined by the court to have used a firearm in any way during commission of the assault,
the court may order that the person is prohibited from possessing any type of firearm for
any period longer than three years or for the remainder of the person's life. A person who
violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the
court shall inform the defendant for how long the defendant is prohibited from possessing
a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the
court to provide this information to a defendant does not affect the applicability of the
firearm possession prohibition or the gross misdemeanor penalty to that defendant.
(d) Except as otherwise provided in paragraph (c), when a person is convicted of a
violation of this section or section 609.224 and the court determines that the victim was a
family or household member, the court shall inform the defendant that the defendant is
prohibited from possessing a firearm for three years from the date of conviction and that it
is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide
this information to a defendant does not affect the applicability of the firearm possession
prohibition or the gross misdemeanor penalty to that defendant.
(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a
pistol if the person has been convicted after August 1, 1992, or a firearm if a person has
been convicted on or after August 1, 2014, of domestic assault under this section or assault
in the fifth degree under section 609.224 and the assault victim was a family or household
member as defined in section 518B.01, subdivision 2, unless three years have elapsed from
the date of conviction and, during that time, the person has not been convicted of any other
violation of this section or section 609.224. Property rights may not be abated but access
may be restricted by the courts. A person who possesses a firearm in violation of this
paragraph is guilty of a gross misdemeanor.
(f) Except as otherwise provided in paragraphs (b) and (h), when a person is convicted
of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247
and the court determines that the assault was against a family or household member, the
court shall order the defendant to transfer any firearms that the person possesses, within
three business days, to new text begin the sheriff. The abusing party may authorize the sheriff to make a
subsequent transfer of any transferred firearms to new text end a federally licensed firearms dealerdeleted text begin , a law
enforcement agency,deleted text end or a third party who may lawfully receive them. The transfer may be
permanent or temporary, unless the court prohibits the person from possessing a firearm
for the remainder of the person's life under paragraph (c). A temporary firearm transfer only
entitles the receiving party to possess the firearm. A temporary transfer does not transfer
ownership or title. deleted text begin A defendantdeleted text end new text begin Before a sheriff may transfer a firearm to a third party
authorized by the abusing party to receive a firearm: (1) the sheriff must conduct a
background check to verify that the person is eligible to possess a firearm, and (2) the person
must provide proof that the person appeared in court and received notice from the court on
the responsibilities and potential liabilities related to accepting a firearm including but not
limited to the possibility that the third party may be held criminally and civilly responsible
under section 624.7144 if the abusing party gains access to a transferred firearm while the
firearm is in the custody of the third party. The sheriffnew text end may not transfer firearms to a third
party who resides with the defendant. If a defendant makes a temporary transfer, a federally
licensed firearms dealer or deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end may charge the defendant a
reasonable fee to store the person's firearms and may establish policies for disposal of
abandoned firearms, provided such policies require that the person be notified by certified
mail prior to disposal of abandoned firearms. For temporary firearms transfers under this
paragraph, a deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end , federally licensed firearms dealer, or third
party shall exercise due care to preserve the quality and function of the transferred firearms
and shall return the transferred firearms to the person upon request after the expiration of
the prohibiting time period imposed under this subdivision, provided the person is not
otherwise prohibited from possessing firearms under state or federal law. The return of
temporarily transferred firearms to a person shall comply with state and federal law. If a
defendant permanently transfers the defendant's firearms to a deleted text begin law enforcement agencydeleted text end new text begin
sheriffnew text end , the deleted text begin agencydeleted text end new text begin sheriffnew text end is not required to compensate the defendant and may charge the
defendant a reasonable processing fee. A deleted text begin law enforcement agencydeleted text end new text begin sheriffnew text end is deleted text begin notdeleted text end required to
accept a person's firearm under this paragraph. The court shall order that the person surrender
all permits to carry and purchase firearms to the sheriff.
(g) deleted text begin A defendant who is ordered to transfer firearms under paragraph (f) must file proof
of transfer as provided for in this paragraph. If the transfer is made to a third party, the third
party must sign an affidavit under oath before a notary public either acknowledging that
the defendant permanently transferred the defendant's firearms to the third party or agreeing
to temporarily store the defendant's firearms until such time as the defendant is legally
permitted to possess firearms. The affidavit shall indicate the serial number, make, and
model of all firearms transferred by the defendant to the third party. The third party shall
acknowledge in the affidavit that the third party may be held criminally and civilly
responsible under section 624.7144 if the defendant gains access to a transferred firearm
while the firearm is in the custody of the third party. If the transfer is to a law enforcement
agency or federally licensed firearms dealer, the law enforcement agency or federally
licensed firearms dealerdeleted text end new text begin The sheriffnew text end shall provide proof of transfer to the defendantnew text begin and file
proof of transfer with the courtnew text end . The proof of transfer must specify whether the firearms
were permanently or temporarily transferred new text begin to the sheriff, whether the abusing party
authorized transfer to a federally licensed firearms dealer or a third party, new text end and include the
name of the defendant, new text begin date of transfer, new text end date of new text begin subsequent new text end transfernew text begin to a federally licensed
firearms dealer or a third party, if anynew text end , and the serial number, make, and model of all
transferred firearms. The deleted text begin defendantdeleted text end new text begin sheriffnew text end shall deleted text begin providedeleted text end new text begin file withnew text end the court deleted text begin with a signed
and notarized affidavit ordeleted text end new text begin anynew text end proof of transfer as described in this section within two
business days of the firearms transfer. new text begin If the sheriff further transfers a firearm to a federally
licensed firearms dealer or a third party after filing the proof of transfer, the county sheriff's
office shall file an updated proof of transfer with the court. new text end The court shall seal deleted text begin affidavits
anddeleted text end proofs of transfer filed pursuant to this paragraph.
(h) When a person is convicted of a violation of this section or section 609.221, 609.222,
609.223, 609.224, or 609.2247, and the court determines that the assault was against a family
or household member, the court shall determine by a preponderance of the evidence if the
person poses an imminent risk of causing another person substantial bodily harm. Upon a
finding of imminent risk, the court shall order that the deleted text begin local law enforcement agencydeleted text end new text begin sheriffnew text end
take immediate possession of all firearms in the person's possession. The deleted text begin local law
enforcement agencydeleted text end new text begin sheriffnew text end shall exercise due care to preserve the quality and function of
the defendant's firearms and shall return the firearms to the person upon request after the
expiration of the prohibiting time period, provided the person is not otherwise prohibited
from possessing firearms under state or federal law. new text begin The sheriff shall provide proof that it
has taken possession of any firearms pursuant to an order issued under this paragraph to the
abusing party and the court in a form consistent with paragraph (g). new text end The deleted text begin local law
enforcement agencydeleted text end new text begin sheriffnew text end shall, upon written notice from the person, transfer the firearms
to a federally licensed firearms dealer or a third party who may lawfully receive themnew text begin and
shall file an updated proof of transfer with the courtnew text end . deleted text begin Before a local law enforcement agency
transfers a firearm under this paragraph, the agency shall require the third party or federally
licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that
complies with the requirements for affidavits or proofs of transfer established in paragraph
(g).deleted text end The deleted text begin agencydeleted text end new text begin sheriffnew text end shall file all deleted text begin affidavits ordeleted text end proofs of transfer deleted text begin receiveddeleted text end with the court
within two business days of the transfer. The court shall seal all deleted text begin affidavits ordeleted text end proofs of
transfer filed pursuant to this paragraph. A federally licensed firearms dealer or third party
who accepts a firearm transfer pursuant to this paragraph shall comply with deleted text begin paragraphsdeleted text end new text begin
paragraphnew text end (f) deleted text begin and (g)deleted text end as if accepting transfer from the defendant. If the law enforcement
agency does not receive written notice from the defendant within three business days, the
agency may charge a reasonable fee to store the defendant's firearms. A law enforcement
agency may establish policies for disposal of abandoned firearms, provided such policies
require that the person be notified via certified mail prior to disposal of abandoned firearms.