LEAP Forward
Politicizing Guns since 2017

Legislation

Arizona SB 1381 - Risk Protection Order

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Arizona SB 1381

Order of protection; firearm possession

by Tony Navarrete (D) with Lela Alston (D), Richard Andrade (D), Dave Bradley (D), Lupe, Lupito Contreras (D), Andrea Dalessandro (D), Sally Gonzales (D), Juan Mendez (D), Martin Quezada (D), Rebecca Rios (D), Victoria Steele (D)


LEAP Forward Position: Support

Explanation: Pending

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A. A petitioner, without notice to the respondent, may request that an ex parte severe threat order of protection be issued before a hearing for a one-year severe threat order of protection by including in the petition detailed allegations based on personal knowledge that the respondent poses an immediate and present danger of causing physical injury to self or others by having in the respondent’s custody or control or owning, purchasing, possessing or receiving a firearm or ammunition.

B. The court shall review the petition, any other pleadings on file and any evidence offered by the petitioner, including any threat of harm to the petitioner or others by electronic contact or communication, to determine whether the court should issue an ex parte severe threat order of protection. Rules 65(a)(1) and 65(e) of the Arizona Rules of Civil Procedure do not apply to ex parte severe threat orders of protection that are requested pursuant to this section.

C. The court shall issue or deny an ex parte severe threat order of protection on the same day that the petition is submitted to the court unless the petition is filed too late in the day to allow effective review, in which case the court shall issue or deny the order on the next day of judicial business.

D. In determining whether grounds for an ex parte severe threat order of protection exist, the judge shall consider all relevant evidence presented by the petitioner and may also consider other relevant evidence, including evidence relating to the respondent’s:

1. Unlawful, reckless or negligent use, display, storage, possession or brandishing of a firearm.

2. Acts or threats of violence to self or others, whether or not this violence involves a firearm.

3. Violation of a severe threat order of protection, a domestic violence protective order, an injunction against harassment or an injunction against workplace harassment or a violation of a similar order in another state.

4. Abuse of a controlled substance or alcohol or any criminal offense that involves a controlled substance or alcohol.

5. Recent acquisition of a firearm, ammunition or another deadly weapon.

6. Cruel mistreatment of an animal.

7. History of using, attempting to use or threatening to use physical force against another person or of stalking another person.

E. The court shall also consider the time that has elapsed since the events described in subsection D of this section.

F. If the court finds reasonable cause to believe that the respondent poses an immediate and present danger of causing physical injury to self or others by having in the respondent’s custody or control or owning, purchasing, possessing or receiving a firearm or ammunition, the court shall issue an ex parte severe threat order of protection.

G. An ex parte severe threat order of protection must include all of the following:

1. A statement that the respondent may not have in the respondent’s custody or control or own, purchase, possess or receive or attempt to purchase or receive a firearm or ammunition while the order is in effect.

2. A description of the requirements for the relinquishment of a firearm and ammunition pursuant to Section 12-1886.

3. A statement of the grounds asserted for the order.

4. A notice of the hearing pursuant to Section 12-1884 to determine whether to issue a one-year severe threat order of protection, including the address of the court and the date and time when the hearing is scheduled.

5. A statement that at the hearing, the court may extend the order for up to one year.

6. A statement that the respondent may seek the advice of an attorney as to any matter connected with the order and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the order.

H. If the court grants the petitioner’s request for an ex parte severe threat order of protection, the court shall schedule a hearing within fourteen days after granting the request to determine if a one-year severe threat order of protection shall be issued. A respondent may seek an extension of time before the hearing date. The court shall dissolve an ex parte severe threat order of protection in effect against the respondent when the court holds the hearing.

I. The court shall ensure that notice of the hearing is served on the respondent with the ex parte severe threat order of protection as soon as practicable. Notice shall be personally served by a peace officer or, if necessary, by another person who is authorized to serve process pursuant to rule 4(d) of the Arizona Rules of Civil Procedure.

J. If the court denies the petitioner’s request for an ex parte severe threat order of protection, the court may schedule a further hearing within ten days after the denial, with reasonable notice to the respondent, to determine whether to issue a one-year severe threat order of protection pursuant to Section 12-1884.