(a) A petition for an extreme risk protection order shall be filed only by a law enforcement agency.
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Terms Used In Rhode Island General Laws 8-8.3-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the superior court in the county in which the respondent resides. See Rhode Island General Laws 8-8.3-1
- Extreme risk protection order: means either a temporary order or a one-year order granted under this chapter. See Rhode Island General Laws 8-8.3-1
- Firearm: means and includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun" "BB gun" or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. See Rhode Island General Laws 8-8.3-1
- Law enforcement agency: means the police department of any city or town, and the division of the Rhode Island state police established pursuant to chapter 28 of Title 42. See Rhode Island General Laws 8-8.3-1
- Petitioner: means a law enforcement agency that petitions for an order pursuant to this chapter. See Rhode Island General Laws 8-8.3-1
- Respondent: means the person who is identified as the respondent in a petition filed pursuant to this chapter. See Rhode Island General Laws 8-8.3-1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.
