§ 7-2510.06 — Renewal of final extreme risk protection orders.

District of Columbia § 7-2510.06

• Jurisdiction: District of Columbia
• Title 7: Human Health Care and Safety.
• Ch. 25: Firearms Control.
• Subch. X: Extreme Risk Protection Orders.

Text

(a) At least 120 days before the expiration of a final extreme risk protection order, the court shall send notice to the petitioner in writing of the date that the order is set to expire and advise the petitioner of the procedures for seeking a renewal of the order.

(b) A petitioner may request a renewal of a final extreme risk protection order, including an order previously renewed under this section, at any time within the 120-day period immediately preceding the expiration of the order.

(c) Personal service of the notice of hearing and request for renewal shall be made upon the respondent prior to the hearing by a person authorized to serve via personal service.

(d) In determining whether to renew an 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 .

(e) The court shall, before renewing a final extreme risk protection order, examine any witnesses under oath.

(f) The court shall, after notice and a hearing, renew a final extreme risk protection order if the court finds, by a preponderance of the evidence, that the respondent continues to 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.

(g) A final extreme risk protection order renewed pursuant to 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 renewed;

(2) The date and time the order was renewed;

(3) The date and time the order will expire;

(4) The grounds upon which the order was renewed;

(5) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to this section ;

(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 petitioner may seek the advice of an attorney as to any matter connected with this subchapter .

(h) An extreme risk protection order renewed pursuant to this section shall expire one year after the issuance of the order, unless that order is terminated pursuant to § 7-2510.08 before its expiration.

Legislative History

Sept. 24, 1976, D.C. Law 1-85, title X, § 1006