GA
Georgia House Bill HB453

Georgia 2025-2026 Regular Session

Georgia House Bill HB453 Compare Versions

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11 25 LC 48 1380
22 House Bill 453
33 By: Representatives Roberts of the 52
44 nd
55 , Panitch of the 51
66 st
77 , Campbell of the 35
88 th
99 , Berry of
1010 the 56
1111 th
1212 , and Herring of the 145
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Article 4 Chapter 11 of Title 16 of the Official Code of Georgia Annotated,
1818 1
1919 relating to dangerous instrumentalities and practices, so as to enact the "Georgia Red Flag2
2020 Protective Order Act"; to provide definitions; to provide for risk protection order hearings3
2121 and issuance; to provide for temporary ex parte risk protection orders; to provide for service4
2222 of notice; to provide for the termination and extension of orders; to provide for surrender and5
2323 return of firearms, ammunition, and weapons carry licenses; to provide for the reporting of6
2424 orders; to provide for penalties and liability; to provide for instructional and informational7
2525 materials to be produced by the Administrative Office of the Courts; to provide for related8
2626 matters; to repeal conflicting laws; and for other purposes.9
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
2828 SECTION 1.11
2929 Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to12
3030 dangerous instrumentalities and practices, is amended by adding a new part to read as13
3131 follows:14
3232 H. B. 453
3333 - 1 - 25 LC 48 1380
3434 "Part 3A15
3535 16-11-140.16
3636 This part shall be known and may be cited as the 'Georgia Red Flag Protective Order Act.'17
3737 16-11-141.18
3838 As used in this part, the term:19
3939 (1) 'Family or household member' means spouses, former spouses, persons related by20
4040 blood or marriage, persons who are presently residing together or who have resided21
4141 together in the past, and persons who are parents of a child in common regardless of22
4242 whether they have been married. With the exception of persons who have a child in23
4343 common, the family or household members must be currently residing or have in the past24
4444 resided together in the same dwelling house.25
4545 (2) 'Law enforcement agency' means any unit, organ, or department of this state, or a26
4646 subdivision or municipality thereof, whose primary functions include the enforcement of27
4747 criminal or traffic laws, the preservation of public order, the protection of life and28
4848 property, or the prevention, detection, or investigation of crime.29
4949 (3) 'Law enforcement officer' means any peace officer employed by a law enforcement30
5050 agency.31
5151 (4) 'Petitioner' means a family or household member or law enforcement officer who32
5252 petitions a court for a risk protection order under this part.33
5353 (5) 'Respondent' means the individual who is identified as the respondent in a petition34
5454 filed under this part.35
5555 (6) 'Risk protection order' means a temporary ex parte order or final order granted under36
5656 this part.37
5757 H. B. 453
5858 - 2 - 25 LC 48 1380
5959 16-11-142.38
6060 (a) When a petition for a risk protection order is created, the order shall:39
6161 (1) Identify the respondent by name and last known address;40
6262 (2) Allege that the respondent poses a significant danger of causing personal injury to41
6363 himself or herself or others by having a firearm or any ammunition in his or her custody42
6464 or control or by purchasing, possessing, or receiving a firearm or any ammunition;43
6565 (3) Be accompanied by an affidavit made under oath stating the specific statements,44
6666 actions, or facts that give rise to a reasonable fear of significant dangerous acts by the45
6767 respondent;46
6868 (4) Identify the quantities, types, and locations of all firearms and ammunition the47
6969 petitioner believes to be in the respondent's current ownership, possession, custody, or48
7070 control; and49
7171 (5) Identify whether there is a known existing protective order governing the respondent50
7272 under Code Section 16-5-94 or 19-13-4 or under any other applicable law.51
7373 (b) A petition for a risk protection order may be filed by a family or household member52
7474 of a respondent or by a law enforcement officer. Such petition shall be filed in the superior53
7575 court having jurisdiction over the geographical area of the petitioner's law enforcement54
7676 agency or wherein the respondent resides. Such petition for a risk protection order does55
7777 not require either party to be represented by an attorney.56
7878 (c) The petitioner shall make a good faith effort to provide notice to a family or household57
7979 member of the respondent and to any known third party who may be at risk of violence. 58
8080 The notice shall state that the petitioner intends to petition the court for a risk protection59
8181 order or has already done so and shall include referrals to appropriate resources, including,60
8282 but not limited to, mental health, domestic violence, and counseling resources. The61
8383 petitioner shall attest in the petition to having provided such notice or shall attest to the62
8484 steps that will be taken to provide such notice.63
8585 H. B. 453
8686 - 3 - 25 LC 48 1380
8787 (d) The petitioner shall list the address of record on the petition as the address of the64
8888 appropriate law enforcement agency.65
8989 (e) The court shall not charge fees for filing or for service of process to a petitioner66
9090 seeking relief under this part and shall provide the necessary number of certified copies,67
9191 forms, and instructional brochures free of charge.68
9292 (f) A person shall not be required to post a bond to obtain relief in any proceeding under69
9393 this part.70
9494 (g) The superior courts of this state have jurisdiction over proceedings under this part.71
9595 16-11-143.72
9696 (a)(1) Upon receipt of a petition, the court shall order a hearing to be held no later than73
9797 14 days after the date of the risk protection order and shall issue a notice of hearing to the74
9898 respondent for the same.75
9999 (2) The clerk of the court shall cause a copy of the petition and the notice of hearing to76
100100 be forwarded on or before the next business day to the appropriate law enforcement77
101101 agency for service upon the respondent as provided in Code Section 16-11-145.78
102102 (3) The court may, as provided in Code Section 16-11-144, issue a temporary ex parte79
103103 risk protection order pending the hearing ordered under this subsection. Such temporary80
104104 ex parte order shall be served concurrently with the petition and the notice of hearing as81
105105 provided in Code Section 16-11-145.82
106106 (b) Upon notice and a hearing on the matter, if the court finds by clear and convincing83
107107 evidence that the respondent poses a significant danger of causing personal injury to84
108108 himself or herself or others by having in his or her custody or control, or by purchasing,85
109109 possessing, or receiving, a firearm or any ammunition, the court shall issue a risk protection86
110110 order for a period of time that it deems appropriate, but not exceeding 12 months.87
111111 (c) In determining whether grounds for a risk protection order exist, the court may88
112112 consider any relevant evidence, including, but not limited to, any of the following:89
113113 H. B. 453
114114 - 4 - 25 LC 48 1380
115115 (1) A recent act or threat of violence by the respondent against himself or herself or90
116116 others, whether or not such act or threat of violence involved a firearm;91
117117 (2) An act or threat of violence by the respondent within the past 12 months, including,92
118118 but not limited to, acts or threats of violence by the respondent against himself or herself93
119119 or others;94
120120 (3) Evidence of the respondent being seriously mentally ill or having recurring mental95
121121 health issues;96
122122 (4) A violation by the respondent of an order issued pursuant to Code Section 16-5-9497
123123 or 19-13-4;98
124124 (5) A previous or existing risk protection order issued against the respondent;99
125125 (6) A violation of a previous or existing risk protection order issued against the100
126126 respondent;101
127127 (7) Whether the respondent, in this state or any other state, has been convicted of, had102
128128 adjudication withheld on, or has pled nolo contendere to a crime that constitutes family103
129129 violence as defined in Code Section 19-13-1;104
130130 (8) Whether the respondent has used, or has threatened to use, any weapons against105
131131 himself or herself or others;106
132132 (9) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;107
133133 (10) The recurring use of, or threat to use, physical force by the respondent against108
134134 another person or the respondent's stalking of another person;109
135135 (11) Whether the respondent, in this state or any other state, has been arrested for, has110
136136 been convicted of, had adjudication withheld on, or has pled nolo contendere to a crime111
137137 involving an act or threat of violence;112
138138 (12) Corroborated evidence of the abuse of controlled substances or alcohol by the113
139139 respondent;114
140140 (13) Evidence of recent acquisition of firearms or ammunition by the respondent;115
141141 H. B. 453
142142 - 5 - 25 LC 48 1380
143143 (14) Any relevant information from family and household members concerning the116
144144 respondent; or117
145145 (15) Witness testimony, taken while the witness is under oath, relating to the matter118
146146 before the court.119
147147 (d) In a hearing under this part, the rules of evidence shall apply to the same extent as in120
148148 a family violence proceeding under Code Section 19-13-3.121
149149 (e) During a hearing under this part, the court shall consider whether a mental health122
150150 evaluation or chemical dependency evaluation is appropriate and, if such determination is123
151151 made, may order such evaluations, if appropriate.124
152152 (f) A risk protection order shall include all of the following:125
153153 (1) A statement of the grounds supporting the issuance of the order;126
154154 (2) The date the order was issued;127
155155 (3) The date the order ends;128
156156 (4) Whether a mental health evaluation or chemical dependency evaluation of the129
157157 respondent is required;130
158158 (5) The address of the court in which any responsive pleading may be filed;131
159159 (6) A description of the requirements for the surrender of all firearms and ammunition132
160160 that the respondent owns; and133
161161 (7) The following statement:134
162162 'To the subject of this protection order: This order is valid until the date noted above. If135
163163 you have not done so already, you shall surrender immediately to the (insert name of136
164164 local law enforcement agency) all firearms and ammunition that you own in your137
165165 custody, control, or possession and any weapons carry license or renewal license issued138
166166 to you under Code Section 16-11-129 of the Official Code of Georgia Annotated. You139
167167 may not have in your custody or control or purchase, possess, receive, or attempt to140
168168 purchase or receive a firearm or ammunition while this order is in effect. You have the141
169169 right to request one hearing to vacate this order, starting after the date of the issuance of142
170170 H. B. 453
171171 - 6 - 25 LC 48 1380
172172 this order, and to request another hearing after every extension of the order, if any. You143
173173 may seek the advice of an attorney as to any matter connected with this order.'144
174174 (g) If the court issues a risk protection order, the court shall inform the respondent that he145
175175 or she is entitled to request a hearing to vacate the order in the manner provided by Code146
176176 Section 16-11-146 and the court shall provide the respondent with a form to request a147
177177 hearing to vacate.148
178178 (h) If the court denies the petitioner's request for a risk protection order, the court shall149
179179 state the particular reasons for the denial.150
180180 16-11-144.151
181181 (a) A petitioner may request that a temporary ex parte risk protection order be issued152
182182 before a hearing for a risk protection order, without notice to the respondent, by including153
183183 in the petition detailed allegations based on personal knowledge that the respondent poses154
184184 a significant danger of causing personal injury to himself or herself or others in the near155
185185 future by having in his or her custody or control, or by purchasing, possessing, or receiving,156
186186 a firearm or ammunition.157
187187 (b) In considering whether to issue a temporary ex parte risk protection order under this158
188188 part, the court shall consider all relevant evidence, including the evidence described in159
189189 subsection (c) of Code Section 16-11-143.160
190190 (c) After a request under subsection (a) of this Code section, if the court finds there is161
191191 reasonable cause to believe that the respondent poses a significant danger of causing162
192192 personal injury to himself or herself or others in the near future by having in his or her163
193193 custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, the164
194194 court shall issue a temporary ex parte risk protection order.165
195195 (d) The court shall hold a hearing on the temporary ex parte risk protection order within166
196196 two business days of the date the petition is filed.167
197197 (e) A temporary ex parte risk protection order shall include all of the following:168
198198 H. B. 453
199199 - 7 - 25 LC 48 1380
200200 (1) A statement of the grounds asserted for the order;169
201201 (2) The date the order was issued;170
202202 (3) The address of the court in which any responsive pleading may be filed;171
203203 (4) The date and time of the scheduled hearing;172
204204 (5) A description of the requirements for the surrender of all firearms and ammunition173
205205 that the respondent owns or controls; and174
206206 (6) The following statement:175
207207 'To the subject of this protection order: This order is valid until the date noted above. 176
208208 You are required to surrender all firearms and ammunition that you own in your custody,177
209209 control, or possession. You may not have in your custody or control or purchase,178
210210 possess, receive, or attempt to purchase or receive a firearm or ammunition while this179
211211 order is in effect. You shall surrender immediately to the (insert name of local law180
212212 enforcement agency) all firearms and ammunition in your custody, control, or possession181
213213 and any weapons carry license or renewal license issued to you under Code Section182
214214 16-11-129 of the Official Code of Georgia Annotated. A hearing will be held on the date183
215215 and at the time noted above to determine if a risk protection order should be issued. 184
216216 Failure to appear at that hearing may result in a court issuing an order against you which185
217217 is valid for one year. You may seek the advice of an attorney as to any matter connected186
218218 with this order.'187
219219 (f) A temporary ex parte risk protection order ends upon the hearing on the risk protection188
220220 order.189
221221 (g) A temporary ex parte risk protection order shall be served by a law enforcement officer190
222222 in the same manner as provided for in Code Section 16-11-145 for service of the petition191
223223 and notice of hearing and shall be served concurrently with the petition and notice of192
224224 hearing.193
225225 (h) If the court denies the petitioner's request for a temporary ex parte risk protection order,194
226226 the court shall state the particular reasons for the denial.195
227227 H. B. 453
228228 - 8 - 25 LC 48 1380
229229 16-11-145.196
230230 (a) The clerk of the court shall provide for personal service of the petition, notice of197
231231 hearing, and temporary ex parte risk protection order or risk protection order, as applicable,198
232232 upon the respondent. Service under this part shall take precedence over the service of other199
233233 documents, unless such documents are of a similar emergency nature.200
234234 (b) All orders issued, changed, continued, extended, or vacated after the original service201
235235 of documents specified in subsection (a) of this Code section shall be certified by the clerk202
236236 of the court and delivered to the parties at the time of the entry of the order. The parties203
237237 may acknowledge receipt of such order in writing on the face of the original order. If a204
238238 party fails or refuses to acknowledge receipt of a certified copy of an order, the clerk shall205
239239 note on the original order that service was effected. If delivery at the hearing is not206
240240 possible, the clerk shall mail certified copies of the order to the parties at the last known207
241241 address of each party.208
242242 16-11-146.209
243243 (a)(1) The respondent may submit one written request for a hearing to vacate a risk210
244244 protection order issued under this part, starting after the date of the issuance of the order,211
245245 and may request another hearing after every extension of the order, if any.212
246246 (2) Upon receipt of the request for a hearing to vacate a risk protection order, the court213
247247 shall set a date for a hearing. Notice of the request shall be served on the petitioner in214
248248 accordance with Code Section 16-11-145. The hearing shall occur no sooner than 14215
249249 days and no later than 30 days after the date of service of the request upon the petitioner.216
250250 (3) The respondent shall have the burden of proving by clear and convincing evidence217
251251 that the respondent does not pose a significant danger of causing personal injury to218
252252 himself or herself or others by having in his or her custody or control or by purchasing,219
253253 possessing, or receiving a firearm or ammunition. The court may consider any relevant220
254254 H. B. 453
255255 - 9 - 25 LC 48 1380
256256 evidence, including evidence of the considerations as provided in subsection (c) of Code221
257257 Section 16-11-143.222
258258 (4) If the court finds after the hearing that the respondent has met his or her burden of223
259259 proof, the court shall vacate the risk protection order.224
260260 (5) The law enforcement agency holding any firearm, ammunition, or weapons carry225
261261 license that has been surrendered pursuant to this part shall be notified of the court order226
262262 to vacate the risk protection order.227
263263 (b) The court shall notify the petitioner of the impending end of a risk protection order. 228
264264 Notice shall be received by the petitioner at least 30 days before the date such order ends.229
265265 (c)(1) The petitioner may, by motion, request an extension of a risk protection order at230
266266 any time within 30 days before the end of the order.231
267267 (2) Upon receipt of the motion to extend, the court shall order that a hearing be held no232
268268 later than 14 days after the date the order for a hearing is issued and shall schedule such233
269269 hearing. The respondent shall be personally served in the manner provided by Code234
270270 Section 16-11-145.235
271271 (3) In determining whether to extend a risk protection order issued under this part, the236
272272 court may consider all relevant evidence, including evidence of the considerations as237
273273 provided in subsection (c) of Code Section 16-11-143.238
274274 (4) If the court finds by clear and convincing evidence that the requirements for issuance239
275275 of a risk protection order as provided in Code Section 16-11-143 continue to be met, the240
276276 court shall extend the order. However, if, after notice, the motion for extension is241
277277 uncontested and no modification of the risk protection order is sought, the risk protection242
278278 order may be extended on the basis of a motion or affidavit stating that there has been no243
279279 material change in relevant circumstances since entry of the risk protection order and244
280280 stating the reason for the requested extension.245
281281 H. B. 453
282282 - 10 - 25 LC 48 1380
283283 (5) The court may extend a risk protection order for a period of time that it deems246
284284 appropriate, but not exceeding 12 months, subject to an order to vacate as provided in247
285285 subsection (a) of this Code section or to another extension order by the court.248
286286 16-11-147.249
287287 (a) Upon issuance of a risk protection order or temporary ex parte risk protection order250
288288 under this part, the court shall order the respondent to surrender to the local law251
289289 enforcement agency all firearms and ammunition owned by the respondent in the252
290290 respondent's custody, control, or possession, except as provided in Code Section253
291291 16-11-149, and any weapons carry license or renewal license issued under Code Section254
292292 16-11-129 held by the respondent.255
293293 (b) The law enforcement officer serving a risk protection order under this part, including256
294294 a temporary ex parte risk protection order, shall request that the respondent immediately257
295295 surrender all firearms and ammunition owned by the respondent in his or her custody,258
296296 control, or possession and any weapons carry license or renewal license issued under Code259
297297 Section 16-11-129 held by the respondent. The law enforcement officer shall take260
298298 possession of such firearms, ammunition, and weapons carry license or renewal license so261
299299 surrendered. If personal service by a law enforcement officer is not possible or is not262
300300 required because the respondent was present at the risk protection order hearing, the263
301301 respondent shall surrender any firearms and ammunition owned by the respondent, and any264
302302 weapons carry license or renewal license issued under Code Section 16-11-129 held by the265
303303 respondent, in a safe manner to the control of the local law enforcement agency266
304304 immediately after being served with the order by service or immediately after the hearing267
305305 at which the respondent was present. Notwithstanding Code Sections 17-5-20, 17-5-21,268
306306 and 17-5-24, a law enforcement officer may seek a search warrant from a court of269
307307 competent jurisdiction to conduct a search for firearms or ammunition owned by the270
308308 respondent if the officer has probable cause to believe that there are firearms or271
309309 H. B. 453
310310 - 11 - 25 LC 48 1380
311311 ammunition owned by the respondent in the respondent's custody, control, or possession272
312312 which have not been surrendered.273
313313 (c) At the time of surrender, a law enforcement officer taking possession of any firearm274
314314 or ammunition owned by the respondent, or any weapons carry license or renewal license275
315315 issued under Code Section 16-11-129 held by the respondent, shall issue a receipt276
316316 identifying all firearms surrendered, the quantity and type of ammunition surrendered, and277
317317 any license surrendered and shall provide a copy of the receipt to the respondent. Within278
318318 72 hours after service of the order, the law enforcement officer serving the order shall file279
319319 the original receipt with the court and shall ensure that his or her law enforcement agency280
320320 retains a copy of the receipt.281
321321 (d) Notwithstanding Code Sections 17-5-20 and 17-5-21, upon the sworn statement or282
322322 testimony of any person alleging that the respondent has failed to comply with the283
323323 surrender of firearms or ammunition owned by the respondent, as required by an order284
324324 issued under this part, the court shall determine whether probable cause exists to believe285
325325 that the respondent has failed to surrender all firearms or ammunition owned by the286
326326 respondent in the respondent's custody, control, or possession. If the court finds that287
327327 probable cause exists, the court shall issue a warrant describing the firearms or ammunition288
328328 owned by the respondent and authorizing a search of the locations where such firearms or289
329329 ammunition are reasonably believed to be found and the seizure of any firearms or290
330330 ammunition owned by the respondent discovered pursuant to such search.291
331331 (e) If a person other than the respondent claims title to any firearms or ammunition292
332332 surrendered pursuant to this part and he or she is determined by the law enforcement293
333333 agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition294
334334 shall be returned to him or her if:295
335335 (1) The lawful owner agrees to store the firearm or ammunition in a manner such that the296
336336 respondent does not have access to or control of the firearm or ammunition; and297
337337 (2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.298
338338 H. B. 453
339339 - 12 - 25 LC 48 1380
340340 (f) Upon the issuance of a risk protection order, the court shall order a new hearing date299
341341 and require the respondent to appear no later than three business days after the issuance of300
342342 the order. The court shall require proof that the respondent has surrendered any firearms301
343343 or ammunition owned by the respondent in the respondent's custody, control, or possession. 302
344344 The court may cancel the hearing upon a satisfactory showing that the respondent is in303
345345 compliance with the risk protection order.304
346346 (g) All law enforcement agencies shall develop policies and procedures regarding the305
347347 acceptance, storage, and return of firearms, ammunition, or licenses required to be306
348348 surrendered under this part.307
349349 16-11-148.308
350350 (a) If a risk protection order is vacated or ends without extension, a law enforcement309
351351 agency holding a firearm or any ammunition owned by the respondent, or a weapons carry310
352352 license or renewal license issued under Code Section 16-11-129 held by the respondent,311
353353 that has been surrendered or seized pursuant to this part shall return such surrendered or312
354354 seized firearm, ammunition, or license as requested by a respondent only after confirming313
355355 through a background check that the respondent is currently eligible to own or possess314
356356 firearms and ammunition under federal and state law and after confirming with the court315
357357 that the risk protection order has been vacated or has ended without extension.316
358358 (b) A law enforcement agency shall provide notice to any family or household members317
359359 of the respondent before the return of any surrendered or seized firearm, ammunition, or318
360360 weapons carry license or renewal license to the respondent.319
361361 (c) Any firearm or ammunition surrendered by or seized from a respondent pursuant to320
362362 Code Section 16-11-147 which remains unclaimed by the lawful owner for one year after321
363363 an order to vacate the risk protection order or after the risk protection order ends without322
364364 extension shall be disposed of in accordance with Article 3 of Chapter 5 of Title 17.323
365365 H. B. 453
366366 - 13 - 25 LC 48 1380
367367 16-11-149.324
368368 A respondent may elect to transfer all firearms or ammunition owned by the respondent325
369369 that have been surrendered to or seized by a local law enforcement agency pursuant to326
370370 Code Section 16-11-147 to another person who is willing to receive the respondent's327
371371 firearms or ammunition. The law enforcement agency shall allow such a transfer only if328
372372 the chosen recipient:329
373373 (1) Currently is eligible to own or possess a firearm or ammunition under federal and330
374374 state law after confirmation through a background check;331
375375 (2) Attests to storing the firearms or ammunition in a manner such that the respondent332
376376 does not have access to or control of the firearms or ammunition until the risk protection333
377377 order against the respondent is vacated or ends without extension; and334
378378 (3) Attests not to transfer the firearms or ammunition back to the respondent until the335
379379 risk protection order against the respondent is vacated or ends without extension.336
380380 16-11-149.1.337
381381 (a) Upon receipt of the copy of the risk protection order, the law enforcement agency shall338
382382 enter the order into the records of the Georgia Crime Information Center and National339
383383 Crime Information Center. The risk protection order shall remain in each system for the340
384384 period stated in the order, and the law enforcement agency may only remove an order from341
385385 the systems if it has been vacated or has ended without extension. Entry of the risk342
386386 protection order into the records of the Georgia Crime Information Center and National343
387387 Crime Information Center constitutes notice to all law enforcement agencies of the344
388388 existence of the order which shall be fully enforceable in any county in this state.345
389389 (b) The issuing court shall, within three business days after issuance of a risk protection346
390390 order or temporary ex parte risk protection order, forward all available identifying347
391391 information concerning the respondent, along with the date of issuance of the order, to the348
392392 Georgia Crime Information Center. Upon receipt of such information, the Georgia Crime349
393393 H. B. 453
394394 - 14 - 25 LC 48 1380
395395 Information Center shall determine if the respondent has a weapons carry license or350
396396 firearm. If the respondent does have a weapons carry license or firearm, the Georgia Crime351
397397 Information Center shall immediately suspend the license.352
398398 (c) If a risk protection order is vacated before its end date, the clerk of the court shall, on353
399399 the day of the order to vacate, forward a copy of the order to vacate to the Georgia Crime354
400400 Information Center and the appropriate law enforcement agency specified in the order to355
401401 vacate. Upon receipt of the order to vacate, the law enforcement agency shall promptly356
402402 remove the risk protection order from any computer based system in which it was entered357
403403 pursuant to subsection (a) of this Code section.358
404404 16-11-149.2.359
405405 (a) A person who makes a false statement, which he or she does not believe to be true,360
406406 under oath in a hearing under this part in regard to any material matter commits a361
407407 misdemeanor of a high and aggravated nature, punishable as provided in Code Section362
408408 17-10-4.363
409409 (b) A person who has in his or her custody or control a firearm or any ammunition or who364
410410 purchases, possesses, or receives a firearm or any ammunition with knowledge that he or365
411411 she is prohibited from doing so by a risk protection order or temporary ex parte risk366
412412 protection order issued under this part commits a misdemeanor of a high and aggravated367
413413 nature, punishable as provided in Code Section 17-10-4.368
414414 16-11-149.3.369
415415 This part shall not be construed to affect the ability of a law enforcement officer to conduct370
416416 any search and seizure for firearms or ammunition pursuant to other lawful authority.371
417417 H. B. 453
418418 - 15 - 25 LC 48 1380
419419 16-11-149.4.372
420420 Except as provided in Code Section 16-11-148 or 16-11-149.2, this part shall not impose373
421421 criminal or civil liability on any person or entity for acts or omissions related to obtaining374
422422 a risk protection order or temporary ex parte risk protection order, including, but not375
423423 limited to, providing notice to the respondent, a family or household member of the376
424424 respondent, and any known third party who may be at risk of violence, or failing to provide377
425425 such notice, or reporting, declining to report, investigating, declining to investigate, filing,378
426426 or declining to file a petition under this part.379
427427 16-11-149.5.380
428428 (a)(1) The Administrative Office of the Courts shall develop and prepare instructions and381
429429 informational brochures, standard petition and risk protection order forms, and a court382
430430 staff handbook on the risk protection order process. The standard petition and order383
431431 forms shall be used after January 1, 2025, for all petitions filed and risk protection orders384
432432 issued pursuant to this part. The office shall determine the significant385
433433 non-English-speaking or limited English-speaking populations in this state and prepare386
434434 the instructions and informational brochures and standard petition and risk protection387
435435 order forms in such languages. The instructions, brochures, forms, and handbook shall388
436436 be prepared in consultation with interested persons, including representatives of gun389
437437 violence prevention groups, judges, and law enforcement personnel. Materials shall be390
438438 based on best practices and shall be available online to the public.391
439439 (2) The instructions shall be designed to assist petitioners in completing the petition and392
440440 shall include a sample of completed forms for a standard petition and risk protection393
441441 order.394
442442 (3) The instructions and standard petition shall include a means for the petitioner to395
443443 identify, with only layman's knowledge, the firearms or ammunition the respondent may396
444444 own, possess, receive, or have in his or her custody or control. The instructions shall397
445445 H. B. 453
446446 - 16 - 25 LC 48 1380
447447 provide pictures of the types of firearms and ammunition that the petitioner may choose398
448448 from to identify the relevant firearms or ammunition or shall provide an equivalent means399
449449 to allow petitioners to identify firearms or ammunition without requiring specific or400
450450 technical knowledge regarding the firearms or ammunition.401
451451 (4) The informational brochure shall describe the use of and the process for obtaining,402
452452 extending, and vacating a risk protection order under this part and shall provide relevant403
453453 forms.404
454454 (5) The risk protection order form shall include, in a conspicuous location, notice of405
455455 criminal penalties resulting from violation of the order and the following statement: 'You406
456456 have the sole responsibility to avoid or refrain from violating this order's provisions. 407
457457 Only the court can change the order and only upon written request.'408
458458 (6) The court staff handbook shall allow for the addition of a community resource list by409
459459 the clerk of the court.410
460460 (b) Any clerk of the court may create a community resource list of crisis intervention,411
461461 mental health, substance abuse, interpreter, counseling, and other relevant resources412
462462 serving the county in which the court is located. The court may make the community413
463463 resource list available as part of or in addition to the informational brochures described in414
464464 subsection (a) of this Code section.415
465465 (c) The Administrative Office of the Courts shall distribute a master copy of the petition416
466466 and risk protection order forms, instructions, and informational brochures to the clerks of417
467467 court. Distribution of all documents shall, at a minimum, be in an electronic format or in418
468468 formats accessible to all courts and clerks of court in this state.419
469469 (d) Within 90 days after receipt of the master copy from the Administrative Office of the420
470470 Courts, the court shall make available the standardized forms, instructions, and421
471471 informational brochures required by this Code section.422
472472 H. B. 453
473473 - 17 - 25 LC 48 1380
474474 (e) The Administrative Office of the Courts shall update the instructions, brochures,423
475475 standard petition and risk protection order forms, and court staff handbook as necessary,424
476476 including when changes in the law make an update necessary."425
477477 SECTION 2.426
478478 All laws and parts of laws in conflict with this Act are repealed.427
479479 H. B. 453
480480 - 18 -