Public Act 21-67
An Act Concerning Risk Protection Orders or Warrants and Disqualifiers for Firearm and Permits and Eligibility Certificates
(Red Flag Law)
The current “Red Flag Law” that allows police officers to remove a gun and ammunition from a household when it is determined the owner of the weapon may be a danger to self or others has been updated by Public Act 21-67. The new law takes effect June 30, 2022.
The new law allows family or household members or medical professionals to apply to superior court for a risk protection order investigation if they have a good faith belief that someone poses a risk of imminent personal injury to himself, herself, or another person. For these purposes, a “family or household member” is someone at least age 18 who is one of the following in relation to the person subject to the application: 1. the person’s spouse, parent, child, sibling, grandparent, grandchild, stepparent, stepchild, stepsibling, mother- or father-in-law, son- or daughter-in-law, or brother- or sister-in-law; someone residing with the person; 3. someone who has a child in common with the person; 4. the person’s dating or intimate partner; or 5. the person’s current or former legal guardian. Under the bill, a “medical professional” is one of the following state-licensed professionals who has examined the person: a physician or physician assistant, an advanced practice registered nurse, or a psychologist or licensed clinical social worker (LCSW). LMSWs are not eligible to petition the court.
The new law expands original statutory language by applying it to all weapons, not just guns and ammunition. The new statute allows for family members and medical professionals to apply to superior court for a risk assessment and if approved by the court law enforcement will make an assessment if weapons are to be removed and remove weapons if deemed necessary. The new law also changes the period of time that a weapon can be removed, from a maximum of 1 year, to until such time as a court authorizes return of a weapon. The owner of the removed weapon may petition the court no sooner than 180 days after removal of weapon and if denied may petition the court no sooner than 180 days after last denial of return of weapon.
To read Public Act 21-67 go to https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00067-R00HB-06355-PA.PDF
This information is for general guidance and not to be construed as legal advice.
