DC Code § 7-2510.03 (2021)
2021 District of Columbia Code|Title 99 - Reserved sections|§ 7-2510.03. (Perm). Final extreme risk protection orders

(a)(1) Upon receipt of a petition filed pursuant § 7-2510.02, the court shall order that a hearing be held to determine whether to issue a final extreme risk protection order against the respondent. (2) The hearing shall be held within 10 days after the date the petition was filed. (b)(1) Personal service of the notice of hearing and petition shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 5 business days before the hearing. (2) If the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service. (c) If the court issues an ex parte extreme risk protection order pursuant to § 7-2510.04, the ex parte extreme risk protection order shall be served concurrently with the notice of hearing and petition described in subsection (b)(1) of this section. (d) Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General: (1) Conduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition; (2) Conduct a reasonable search of all available records of the petitioner's mental health; (3) Perform a national criminal history background check; and (4) Submit its findings under this subsection to the court. (e) In determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including: (1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others; (2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others; (3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition; (4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent; (5) Respondent's criminal history; (6) Respondent's violation of a court order; (7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and (8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02(4). (f) The court shall, before issuing a final extreme risk protection order, examine any witnesses under oath. (g) The court shall issue a final extreme risk protection order if the petitioner establishes by a preponderance of the evidence that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition. (h) A final extreme risk protection order issued under this section shall state: (1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was issued; (2) The date and time the order was issued; (3) The date and time the order will expire; (4) The grounds upon which the order was issued; (5) The procedures for the: (A) Renewal of a final extreme risk protection order pursuant to § 7-2510.06; (B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and (C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and (6) That the respondent may seek the advice of an attorney as to any matter connected with a petition filed under subchapter X of Chapter 25 of Title 7. (i) A final extreme risk protection order issued pursuant to this section shall expire one year after the issuance of the order, unless the order is terminated pursuant to § 7-2510.08 before its expiration.  (Sept. 24, 1976, D.C. Law 1-85, title X, § 1003; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672.)