[ §134-65] One-year gun violence protective order issued after notice and hearing.

440 words·~2 min read·/hi/chapter-134/134-65

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A petitioner requesting a one-year gun violence protective order shall include in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing a self-inflicted bodily injury or an injury to another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.

(b)In determining whether to issue a one-year gun violence protective order under this section, the court shall consider all relevant evidence presented by the petitioner and the respondent, and may also consider other relevant evidence, including but not limited to evidence of the facts identified in section 134-64(d).

(c)If the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition, the court shall issue a one-year gun violence protective order.

(d)A one-year gun violence protective order issued pursuant to this section shall include all of the following:

(1)A statement that the respondent shall not own, purchase, possess, receive, transfer ownership of, or have in the respondent's custody or control, or attempt to purchase, receive, or transfer ownership of, any firearm or ammunition while the order is in effect;

(2)A description of the requirements for relinquishment of firearms and ammunition under section 134-67;

(3)A statement of the grounds supporting the issuance of the order;

(4)The date and time the order expires;

(5)The address of the court that issued the order;

(6)A statement that the respondent may request a hearing to terminate the order at any time during its effective period;

(7)A statement that the respondent may seek the advice of an attorney as to any matter connected to the order;

(8)A statement of whether the respondent was present in court to be advised of the contents of the order or whether the respondent failed to appear; and

(9)A statement that if the respondent was present in court, the respondent's presence shall constitute proof of service of notice of the terms of the order.

(e)If the respondent fails to appear at the hearing, a one-year gun violence protective order issued pursuant to this section shall be personally served on the respondent by an officer of the appropriate county police department. The officer shall file the proof of service with the court within one business day of service. [L 2019, c 150, pt of §2]