Code of the District of Columbia

§ 7–2510.02. Petitions for extreme risk protection orders.

(a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall:

(1) Be in writing;

(2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition;

(3) To the best of the petitioner's knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent's possession, control, or ownership; and

(4) Repealed.

(5) Be served on the Office of the Attorney General.

(b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties.

(c)(1) The Office of the Attorney General may:

(A) Intervene in the case and represent the interests of the District of Columbia; or

(B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this subchapter.

(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:

(A) The court denies the petition for a final extreme risk protection order pursuant to § 7-2510.03;

(B) The court terminates a final extreme risk protection order pursuant to § 7-2510.08; or

(C) The Office of the Attorney General withdraws from the intervention.

(d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.

(e) When computing a time period specified in this subchapter, or in an order issued under this subchapter:

(1) Stated in days or a longer unit of time:

(A) Exclude the day of the event that triggers the time period;

(B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and

(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

(2) Stated in hours:

(A) Begin counting immediately on the occurrence of the event that triggers the time period;

(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1002; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672; Apr. 27, 2021, D.C. Law 23-274, § 102(e), 68 DCR 001034.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4(h) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).

For temporary (90 days) amendment of this section, see § 4(e) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).

For temporary (90 days) amendment of this section, see § 4(e) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).

For temporary (90 days) amendment of this section, see § 4(e) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).

For temporary (90 days) amendment of this section, see § 3(e) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).

For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).

For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 4(e) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).

For temporary (225 days) amendment of this section, see § 4(e) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).