HB 5054 ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’
This bill, if it becomes law, would require individuals who have been served with an ‘Ex Parte Temporary Restraining Order’ to surrender any and all firearms prior to a hearing before a judge. Firearms would be required to be surrendered within 24 hours of an individual being served with such an order.This is a bill that is similar to the one that gun owners defeated last year.
Points to make:
- This bill will violate ‘Due Process’ without the opportunity for a hearing prior to the forced surrender of firearms.
- This bill violates the 2nd Amendment and CT State Constitution.
- This bill would impose criminal penalties and fines if the 24 hour window is not met.
- This bill has no provision for the return of legally registered “Assault Weapons” or “Large Capacity Magazines” (as now defined by state statutes). Once surrendered they may not be transferred back.
- Firearms that are transferred to a FFL may require the recipient of an Ex Parte TRO to pay hefty transfer fees.
- Nearly half of all Ex Parte Restraining Orders in 2014 were vacated and did not get ordered by a judge to become a Full Restraining Order.
- Often claims of feeling threatened by an individual are false claims by a spouse or partner seeking to gain an advantage over custody or control of property.
- There are several laws already on the books (Sec.29-38c and Sec.46b-38b) that allow seizure of firearms while addressing some of the above concerns. Opponents of those laws claim some people are afraid to involve police, but police and marshals must still be involved if this bill passes.