SB 1189

83(R) - 2013
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Joan Huffman

Bill Caption

Relating to the disposition of certain firearms seized by a law enforcement agency.

Fiscal Notes

No significant fiscal implication is anticipated on the State or local governments.

Bill Analysis

Summary: SB 1189 would allow a police officer to immediately seize any firearm in the possession of a person in a mental health crisis. This bill outlines a procedure for the individual to reclaim their firearm and outlines what circumstances would prevent an individual from reclaiming their firearm.

Analysis: SB 1189 is an attempt to prevent mentally unstable people from using firearms to hurt themselves or others. This legislation attempts to craft a narrow legal basis for confiscating firearms from mentally unstable individuals and a clear process for the individual to later reclaim the firearm, or to be told why they may not reclaim the firearm if the request is denied. Because this legislation only applies to firearms found in the possession of a person at the time they are taken into custody, we do not view SB 1189 as an infringement on 2nd Amendment rights.