§ 8-8.3-4. Temporary orders — Proceedings.
(a) Upon the filing of a petition under this chapter, the court may enter a temporary
order if the court finds there is probable cause from specific facts shown by the
petition that the respondent poses a significant danger of causing imminent personal
injury to self or others by having in his or her custody or control, or by purchasing,
possessing, or receiving, a firearm before notice can be served and a hearing held.
(b) If the court finds probable cause under subsection (a) of this section and from the
sworn affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms in the possession, custody, or control of the respondent.
The warrant shall be executed pursuant to chapter 5 of title 12.
(c) When the court is unavailable after the close of business, a petition and affidavit
may be filed before any available superior court judge.
(d) Any order and warrant issued under this section, and any documentation in support
of an order and warrant, shall be filed immediately with the clerk of the superior
court. The filing shall have the effect of commencing proceedings under this chapter
and invoking the other provisions of this chapter.
(e) A temporary extreme risk protection order must include:
(1) A statement of the grounds supporting the issuance of the order;
(2) The date and time the order was issued;
(3) A statement that the order shall continue until such time as a court considers the
petition pursuant to § 8-8.3-5 at a hearing;
(4) The address of the court that issued the order and in which any responsive pleading
should be filed;
(5) The date and time of the scheduled hearing;
(6) The following statement: "To the subject of this protection order: This order will
continue until the hearing scheduled on the date and time noted above. If any of your
firearms have not been seized by the petitioner, you are under an obligation to immediately
contact the petitioner to arrange for the surrender of any other firearms that you
own and/or are in your custody, control, or possession, that have not been seized.
You must surrender to the petitioner all firearms that you own and/or are in your
custody, control, or possession, and also immediately surrender to the licensing authority
or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your
possession, custody, or control or for you to purchase, receive, or attempt to purchase
or receive any firearm. You may seek the advice of an attorney as to any matter connected
with this order. If you believe you cannot afford an attorney, you are hereby referred
to the public defender for an intake interview, and if eligible, the court shall appoint
an attorney for you.�
(7) Any temporary extreme risk protection order issued pursuant to this section shall
continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.
(f) The court shall schedule a hearing within fourteen (14) days of the issuance of a
temporary extreme risk protection order to determine if a one-year extreme risk protection
order should be issued under this chapter.
(g) A temporary extreme risk protection order shall be immediately personally served by
the petitioner along with supporting documents that formed the basis of the order,
the notice of hearing, and the petition for the one-year extreme protection order.
Alternative service shall be in accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of other documents,
unless the other documents are of a similar emergency nature. If timely personal service
cannot be made, the court shall set a new hearing date and shall require additional
attempts at obtaining personal service or permit alternative service as provided in
this chapter.
(h) If the court declines to issue a temporary extreme risk protection order, the court
shall state in writing the reasons for the denial.