2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 25 - Firearms Control › Subchapter X - Extreme Risk Protection Orders › § 7–2510.08. Termination of extreme risk protection orders

§ 7–2510.08. Termination of extreme risk protection orders.
(a) Any respondent against whom a final extreme risk protection order, including a renewal of the extreme risk protection order, was issued may, on one occasion during the one-year period the order is in effect, submit a written motion to the Superior Court for the District of Columbia requesting that the order be terminated.
(b) Upon receipt of the motion for termination, the court shall set a date for a hearing, and notice of the request shall be served on the petitioner. The hearing shall occur at least 14 days after the date of service of the motion upon the petitioner.
(c) In determining whether terminate 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.
(d) The court shall, before terminating a final extreme risk protection order, examine any witnesses under oath.
(e) The court shall terminate a final extreme risk protection order if the respondent establishes by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.
(f)(1) If the court grants a motion to terminate pursuant to this section, notice of the termination shall be personally served upon the petitioner and respondent by a sworn member of the Metropolitan Police Department and sent to the petitioner by electronic mail.
(1A) If the petitioner or respondent was personally served in court when the motion to terminate an extreme risk protection order was granted, the personal service requirement of paragraph (1) of this subsection shall be waived with respect to the party served in court.
(2) The court shall submit a copy of the order issued under this section to the Metropolitan Police Department on or before the next day for service upon the petitioner. Service of a notice of termination shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.
(3) If the Metropolitan Police Department cannot complete personal service upon the petitioner within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the court.
(4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court.
(Sept. 24, 1976, D.C. Law 1-85, title X, § 1008; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274, § 102(l), 68 DCR 001034.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4(o) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).
For temporary (90 days) amendment of this section, see § 4(l) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).
For temporary (90 days) amendment of this section, see § 4(l) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).
For temporary (90 days) amendment of this section, see § 4(l) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).
For temporary (90 days) amendment of this section, see § 3(l) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).
For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).
For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 4(l) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).
For temporary (225 days) amendment of this section, see § 4(l) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).