TITLE 8
Courts and Civil Procedure – Courts

CHAPTER 8-8.3
Extreme Risk Protection Orders

SECTION 8-8.3-9


§ 8-8.3-9. Reporting of orders.

(a) The clerk of the court shall enter any one-year extreme risk protection order or temporary extreme risk protection order issued pursuant to this chapter into a statewide judicial information system on the same day the order is issued.

(b) The clerk of the court shall forward a copy of any order issued, renewed, or terminated under this chapter the same day the order is issued to the appropriate law enforcement agency specified in the order and the attorney general.

(1) Upon receipt of the copy of an extreme risk protection order, the attorney general shall enter the order into:

(i) The National Instant Criminal Background Check System, also known as the NICS database;

(ii) All federal or state computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms; and

(iii) All computer-based criminal intelligence information systems and databases available in this state used by law enforcement agencies.

(2) The order must remain in each system for the period stated in the order, and the law enforcement agency shall only remove orders from the systems upon notice that they have been terminated or expired. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order shall be fully enforceable in any city or town in the state.

(c) The issuing court shall, within three (3) business days after issuance of a one-year extreme risk protection order or temporary extreme risk protection order, forward a copy of the respondent's driver's license, or comparable information, along with the date of order issuance, to the attorney general and the appropriate licensing authority. Upon receipt of the information, the attorney general or the appropriate licensing authority shall determine if the respondent has a concealed carry permit. If the respondent does have a concealed carry permit, the attorney general or the appropriate licensing authority shall immediately revoke the license.

(d) If any extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward, on the same day, a copy of the termination order to the office of the attorney general and the petitioner. Upon receipt of the order, the attorney general shall promptly remove the order from any computer-based system into which it was entered pursuant to subsection (b) of this section.

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