In order to end a final order, the original petitioner or the person who had to surrender their firearms can submit a new form to terminate the order. A hearing is then scheduled to evaluate the request before a judge. If the person who surrendered their firearms is making the request without the support of the original petitioner for their removal, they bear the burden of proof to show they are no longer a risk to themselves or others."
In other words you are guilty until proven innocent!
Questions:
1. Does the gun owner get to try to counter the allegations BEFORE they confiscate the guns (or does the gun owner even know about the "due proess/"
2. Are the LEOs required to keep the guns in good condition, no throwing them in a pl=ile, letting them get rusty, etc.?
Anyone know?
Here is the process. It is pretty much like a protective order and they are pretty much the same, with some minor differences, everywhere.
There will be an affidavit made that the person is an imminent danger. A petition for an ex parte order will be prepared based upon the affidavit. That will usually be hand delivered to the judge like a search warrant would be. The judge will consider the petition and the affidavit and if granted, issue the temporary order and set a hearing within 14 days. The order will be served and presumably the firearms confiscated. Then at the hearing the merits of the case will be heard with the accused given the chance to call witnesses, present evidence, impeach evidence and cross examine witnesses. After that hearing a decision will be made by the judge to grant a red flag order or not. If he decides not to, the matter is over and the firearms are returned. If he grants it, then it will be in effect for a year or so from what I’ve seen in most places during which time from what I’ve seen the firearms will be stored or given to family members. At the end of that year, it will expire and the firearms returned. The state or the complainant can petition to have it extended one more time for another year with the person affected given the chance to contest that and have another hearing. Only one extension can be granted and will be considered.
