Background:

Order to Surrender Weapons.

A person who is subject to a protection order, restraining order, or no-contact order may be required to surrender the person's firearms, dangerous weapons, and concealed pistol license (CPL) while the order is in place. This applies to the following types of protective orders:

domestic violence protection orders or no-contact orders,
sexual assault protection orders;
stalking protection orders and no-contact orders;
anti-harassment protection orders or no-contact orders; and
restraining orders entered in family law or parentage proceedings.

In entering a protective order, if the person to be restrained has used or threatened to use a firearm in the commission of a felony, or is otherwise disqualified from having a firearm, the court either may or must require the person to surrender the person's firearms, dangerous weapons, and any CPL, depending on the evidence presented. A court must order the surrender of firearms, dangerous weapons, and any CPL when entering a protective order involving intimate partners that meets certain qualifying criteria. In addition, the court may order surrender where the person's possession of a firearm or dangerous weapon presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

A person is guilty of Unlawful Possession of a Firearm in the second degree if the person possesses a firearm during any period of time the person is subject to a qualifying protection order, restraining order, or no-contact order. A qualifying order is one that was entered after notice and an opportunity to respond, that restrains the person from harassing, stalking, or threatening the protected person or the person's or protected person's child, and that includes either:

a finding that the restrained person is a credible threat to the physical safety of the protected person or child; and terms restraining the person from using or threatening physical force against the protected person or child; or
an order requiring the person to surrender all firearms and prohibiting the person from accessing, obtaining, or possessing firearms.

Vulnerable Adult Protection Orders.

Vulnerable adults are people 60 years of age or older who cannot care for themselves, and persons who are legally incapacitated, have developmental disabilities, are admitted to facilities, or are receiving services from certain care agencies.

A vulnerable adult who is suffering from abandonment, abuse, financial exploitation, or neglect may petition the superior court for an order for protection. An interested person acting on behalf of the vulnerable adult may also seek a protection order for the vulnerable adult. A petition must allege that the person is a vulnerable adult who has been abandoned, abused, financially exploited, or neglected, or is threatened with abandonment, abuse, financial exploitation, or neglect. The petition must be accompanied by affidavit stating the specific facts and circumstances that demonstrate the need for relief.

The court may issue a vulnerable adult protection order for a specified period of time that may not exceed one year. The court may order any relief it deems necessary to protect the vulnerable adult, including:

restraining the respondent from committing acts of abuse, abandonment, exploitation, or neglect;
prohibiting contact by the respondent;
prohibiting the respondent from coming within a certain distance of particular locations;
requiring the respondent to provide an accounting of the disposition of the vulnerable adult's income or resources; and
restraining the sale of property for a specified time period.

Summary of Bill:

When issuing a vulnerable adult protection order, a court must consider whether the respondent should be ordered to surrender firearms, weapons, and any concealed pistol license. The court either may or must order the respondent under a vulnerable adult protection order to surrender firearms, weapons, and any concealed pistol license according to the standards that apply for the surrender of firearms and weapons when entering other protective orders.

A person is guilty of Unlawful Possession of a Firearm in the second degree if the person possesses a firearm while subject to a qualifying vulnerable adult protection order that meets the same criteria that apply with respect to other qualifying protective orders covered under the crime of Unlawful Possession of a Firearm.