(a) Upon the filing of a petition under this chapter, the court may enter a temporary order if the court finds there is probable cause from specific facts shown by the petition 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 before notice can be served and a hearing held.
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Terms Used In Rhode Island General Laws 8-8.3-4
- 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
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- One-year extreme risk protection order: means an extreme risk protection order granted pursuant to the provisions of 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
- Temporary extreme risk protection order: means an extreme risk protection order issued pursuant to the provisions of Rhode Island General Laws 8-8.3-1
(b) If the court finds probable cause under subsection (a) of this section and from the sworn affidavit, a search warrant shall issue pursuant to chapter 5 of Title 12 for the search for any firearms in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to chapter 5 of Title 12.
(c) When the court is unavailable after the close of business, a petition and affidavit may be filed before any available superior court judge.
(d) Any order and warrant issued under this section, and any documentation in support of an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
(e) A temporary extreme risk protection order must include:
(1) A statement of the grounds supporting the issuance of the order;
(2) The date and time the order was issued;
(3) A statement that the order shall continue until such time as a court considers the petition pursuant to § 8-8.3-5 at a hearing;
(4) The address of the court that issued the order and in which any responsive pleading should be filed;
(5) The date and time of the scheduled hearing;
(6) The following statement: “To the subject of this protection order: This order will continue until the hearing scheduled on the date and time noted above. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you.”
(7) Any temporary extreme risk protection order issued pursuant to this section shall continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.
(f) The court shall schedule a hearing within fourteen (14) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.
(g) A temporary extreme risk protection order shall be immediately personally served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing, and the petition for the one-year extreme protection order. Alternative service shall be in accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personal service or permit alternative service as provided in this chapter.
(h) If the court declines to issue a temporary extreme risk protection order, the court shall state in writing the reasons for the denial.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.
