2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 25 - Firearms Control › Subchapter X - Extreme Risk Protection Orders › § 7–2510.03. Final extreme risk protection orders

§ 7–2510.03. 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 initial hearing shall be held within 14 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 7 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.
(3) If the respondent is unable to be personally served after the court has set a new hearing date and required new attempts at service pursuant to paragraph (2) of this subsection, the court may dismiss the petition without prejudice.
(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) Upon receipt of a petition filed under § 7-2510.02, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that it can conduct a search of the respondent's mental health records and report its findings to the court as required by this subsection. 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 respondent's mental health;
(3) Perform a national criminal history and firearms eligibility background check on the respondent; 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 any exhibits, affidavits, supporting documents, and all other 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 this subchapter.
(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; Apr. 27, 2021, D.C. Law 23-274, § 102(f), 68 DCR 001034.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4(i) 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(f) 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(f) 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(f) 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(f) 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(f) 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(f) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).