Today the House voted 97-0 to pass the substituted version of Senate Bill 5552, which seeks to address some of the problems created by the overwhelmingly flawed I-594 law. SB 5552 will go back to the Senate for concurrence. SB 5552 will do the following:
- Expand the definition of immediate family to include parents-in-law and siblings-in-law
- Expand transfers between family members to include loans
- Provide an exemption for temporary transfers where the transferee and firearm remain in the presence of transferor
- Clarify that transfers may occur between an entity and its employee or agent for lawful purposes in the ordinary course of business, including volunteers participating in an honor guard
- Provide an exemption for transfers for the purpose of preventing suicide
- Clarify that the term “firearm” does not include flare guns and construction tools
- Provide an exemption for licensed collectors when the firearm is a curio or relic
Additionally, yesterday, House Bill 1100 passed the Senate and it is now headed to the Governor. Sponsored by state Representative David Taylor (R-15), HB 1100 creates a renewal notice postcard for concealed pistol licenses that will be sent out 90 days before the expiration. This is a simple way to help remind citizens to renew their concealed pistol licenses in a timely manner.
Unfortunately, Senate Bill 5256 passed the House yesterday and it will now head to the Governor as well. Sponsored by state Senator Joe Fain (R-47), SB 5256 will change the existing statutory framework for “Sexual Assault Protection Orders” (SAPO) to authorize a new “permanent” order with no expiration date, which could result in a permanent removal of your Second Amendment rights without due process, and without even being charged or convicted of a crime.
As originally introduced, this permanent removal of Second Amendment rights could be granted without due process and without any opportunity to restore your rights. Amendments introduced by state Senator Mike Padden (R-4) and state Representative Jay Rodne (R-5) were adopted in both the Senate and House versions of the bill to allow respondents to petition once per year to have their firearms rights restored by showing there has been a material change in circumstances.
Your NRA-ILA has worked to make improvements to the bill to protect against infringements on Second Amendment rights, yet remains opposed to the legislation as there is not sufficient due process built in prior to granting these orders that could ultimately result in the permanent removal of a constitutional right. In addition to allowing for permanent orders, this bill would authorize unlimited renewals of orders issued for shorter periods unless the subject person “proves” to the court that there had been a “material change” in circumstances since the order was initially issued. This creates a presumption of “renewals by default” – it reverses the process from one in which the petitioner must establish the need for a continuation of the order, to instead, one where the subject of the order must prove to the court’s satisfaction that the order is no longer justified.