TITLE 8
Courts and Civil Procedure – Courts

CHAPTER 8-8.3
Extreme Risk Protection Orders

SECTION 8-8.3-3


§ 8-8.3-3. Contents of petition.

(a) A petition for an extreme risk protection order shall be filed only by a law enforcement agency.

(b) A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in his or her possession, custody, or control any firearms and shall further enjoin the respondent from purchasing, receiving, or attempting to purchase or receive, any firearms while the order is in effect. The petitioner shall concurrently file a sworn affidavit for a search warrant pursuant to chapter 5 of title 12 for the search of any firearms in the possession, custody, or control of the respondent.

(c) A petitioner shall file a petition upon receipt of credible information 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.

(d) A petition must state the specific statements, actions, or facts that support the belief 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.

(e) A petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath. The petitioner may produce sworn statements or testimony of other witnesses to support the petition.

(f) If the petitioner believes there are firearms in the respondent's current ownership, possession, custody, or control, the petition and search warrant affidavit shall identify the number, types, and locations of all such firearms, if known.

(g) A petitioner for an extreme risk protection order, at the time of the filing, shall identify all known restraining orders, orders of protection, and pending lawsuits, complaints, petitions, or actions pending, active, or filed within one year prior to the petition involving the respondent, including, but not limited to, an order entered pursuant to chapter 8.1 of title 8 or chapter 15 of title 15.

History of Section.
(P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.)