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;

(4) Be accompanied by any appropriate exhibits, affidavits, and supporting documents; and

(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) The Office of Attorney General may provide individual legal representation to a petitioner. If the Office of Attorney General decides to provide individual legal representation to a petitioner, the representation shall continue until the earliest of:

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

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

(3) The Office of the Attorney General withdraws from representation.

(d) At the request of the petitioner or respondent, 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 while the petition is pending.


(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.)

Emergency Legislation

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).