Code of the District of Columbia

Subchapter X. Extreme Risk Protection Orders.


§ 7–2510.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Extreme risk protection order" means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license.

(2) "Petitioner" means a person who petitions the Superior Court of the District of Columbia for an extreme risk protection order under this subchapter and is:

(A) Related to the respondent by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship rendering the application of this subchapter appropriate;

(B) A sworn member of the Metropolitan Police Department; or

(C) A mental health professional, as that term is defined in § 7-1201.01(11).

(3) "Respondent" means a person against whom an extreme risk protection order is sought.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1001; 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(d) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(d) 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(d) 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(d) 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(d) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 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, 0 DCR 0).

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 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.03. Final extreme risk protection orders.

(a)(1) Upon receipt of a petition filed pursuant § 7-2510.02, the court shall order that a hearing be held to determine whether to issue a final extreme risk protection order against the respondent.

(2) The hearing shall be held within 10 days after the date the petition was filed.

(b)(1) Personal service of the notice of hearing and petition shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 5 business days before the hearing.

(2) If the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service.

(c) If the court issues an ex parte extreme risk protection order pursuant to § 7-2510.04, the ex parte extreme risk protection order shall be served concurrently with the notice of hearing and petition described in subsection (b)(1) of this section.

(d) Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General:

(1) Conduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition;

(2) Conduct a reasonable search of all available records of the petitioner's mental health;

(3) Perform a national criminal history background check; and

(4) Submit its findings under this subsection to the court.

(e) In determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02(4).

(f) The court shall, before issuing a final extreme risk protection order, examine any witnesses under oath.

(g) The court shall issue a final extreme risk protection order if the petitioner establishes by a preponderance of the evidence 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.

(h) A final extreme risk protection order issued under this section shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was issued;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to § 7-2510.06;

(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and

(6) That the respondent may seek the advice of an attorney as to any matter connected with a petition filed under this subchapter.

(i) A final extreme risk protection order issued pursuant to this section shall expire one year after the issuance of the order, unless the order is terminated pursuant to § 7-2510.08 before its expiration.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1003; 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(f) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(f) 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(f) 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(f) 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(f) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.04. Ex parte extreme risk protection orders.

(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.

(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.

(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.

(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe 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.

(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.

(g) An ex parte extreme risk protection order shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license while the order is in effect;

(2) The date and time the order was issued;

(3) That the ex parte extreme risk protection order will be in effect until the court rules on whether to issue a final extreme risk protection order;

(4) The grounds upon which the order was issued;

(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;

(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;

(7) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to § 7-2510.06;

(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and

(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.

(h) An ex parte extreme risk protection order issued pursuant to this section shall expire 10 days after the date and time the order was issued, unless the court set a new hearing date pursuant to § 7-2510.03(b)(2), in which case, the court may extend the duration of the ex parte extreme risk protection order to not exceed 15 days.

(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1004; 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(g) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(g) 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(g) 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(g) 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(g) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.05. Service of extreme risk protection orders.

(a)(1) Except as provided in subsection (b) of this section, an extreme risk protection order issued pursuant to § 7-2510.03 or § 7-2510.04, or renewed pursuant to § 7-2510.06, shall be personally served upon the respondent by a sworn member of the Metropolitan Police Department.

(2) The court shall submit a copy of extreme risk protection order to the Metropolitan Police Department on or before the next business day after the issuance of the order for service upon the respondent. Service of an extreme risk protection order shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(3) If the Metropolitan Police Department cannot complete personal service upon the respondent within 5 business days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the petitioner.

(4) Within one business day after service, the Metropolitan Police Department shall submit proof of service to the court.

(b) If the respondent was personally served in court when the extreme risk protection order was addedsued, the requirements of subsection (a) of this section shall be waived.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1005; 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(i) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(i) 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(h) 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(h) 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(h) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.06. Renewal of final extreme risk protection orders.

(a) At least 120 days before the expiration of a final extreme risk protection order, the court shall notify the petitioner of the date that the order is set to expire and advise the petitioner of the procedures for seeking a renewal of the order.

(b) A petitioner may request a renewal of a final extreme risk protection order, including an order previously renewed under this section, at any time within the 120-day period immediately preceding the expiration of the order.

(c) Personal service of the notice of hearing and request for renewal shall be made upon the respondent by a Metropolitan Police Department officer not fewer than 15 business days before the hearing.

(d) In determining whether to renew an extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(e) The court shall, before renewing a final extreme risk protection order, examine any witnesses under oath.

(f) The court shall, after notice and a hearing, renew a final extreme risk protection order if the court finds, by a preponderance of the evidence, that the respondent continues to pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(g) A final extreme risk protection order renewed pursuant to this section, shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was renewed;

(2) The date and time the order was renewed;

(3) The date and time the order will expire;

(4) The grounds upon which the order was renewed;

(5) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to this section;

(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and

(6) That the petitioner may seek the advice of an attorney as to any matter connected with this subchapter.

(h) An extreme risk protection order renewed pursuant to this section shall expire one year after the issuance of the order, unless that order is terminated pursuant to § 7-2510.08 before its expiration.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1006; 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(i) 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(i) 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(i) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.07. Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses.

(a) If the court issues a final extreme risk protection order pursuant to § 7-2510.03, issues an ex parte extreme risk protection order pursuant to § 7-2510.04, or renews a final extreme risk protection order pursuant to § 7-2510.06, the court may issue a search warrant that:

(1) Describes the number and types of firearms and ammunition to be seized;

(2) Describes any registration certificates, licenses to carry a concealed pistol, and dealer's licenses to be seized;

(3) Describes the location where the firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses are believed to be located; and

(4) Authorizes the seizure of any firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses discovered pursuant to such a search.

(b) A Metropolitan Police Department officer serving an extreme risk protection order shall:

(1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses be immediately surrendered; and

(2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses in the respondent's possession, control, or ownership that are surrendered or discovered pursuant to a lawful search.

(c)(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses that have been surrendered or removed and provide a receipt to the respondent.

(2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police.

(d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent's possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition.

(e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated.

(f)(1) If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered:

(A) Section 7-2506.01; and

(B) Sections 22-4503 and 22-4504(a) and (a-1).

(2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes of § 7-2507.05.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1007; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672.)

Emergency Legislation

For temporary (90 days) creation of §§ 7-2510.07a - 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) creation of §§ 7-2510.07a - 7-2510.07d, see § 4(k) 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(j) 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) creation of §§ 7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see § 4(k) 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 § 4(j) 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) creation of §§ 7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see § 3(k) 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) amendment of this section, see § 3(j) 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) creation of §§ 7-2510.07a through 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).

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


§ 7–2510.08. Termination of extreme risk protection orders.

(a) Any respondent against whom a final extreme risk protection order, including a renewal of the extreme risk protection order, was issued may, on one occasion during the one-year period the order in in effect, submit a written motion to the Superior Court for the District of Columbia requesting that the order be terminated.

(b) Upon receipt of the motion for termination, the court shall set a date for a hearing, and notice of the request shall be served on the petitioner. The hearing shall occur at least 14 days after the date of service of the motion upon the petitioner.

(c) In determining whether terminate a final extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court shall, before terminating a final extreme risk protection order, examine any witnesses under oath.

(e) The court shall terminate a final extreme risk protection order if the respondent establishes by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f)(1) If the court grants a motion to terminate pursuant to this section, notice of the termination shall be personally served upon the petitioner by a sworn member of the Metropolitan Police Department and sent to the petitioner by electronic mail.

(2) The court shall submit a copy of the order issued under this section to the Metropolitan Police Department on or before the next business day for service upon the respondent. Service of a notice of termination shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(3) If the Metropolitan Police Department cannot complete personal service upon the petitioner within 5 business days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the court.

(4) Within one business day after service, the Metropolitan Police Department shall submit proof of service to the court.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1008; 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(l) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(l) 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(l) 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(l) 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(l) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.09. Return or disposal of firearms or ammunition.

(a)(1) If an extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall notify the respondent that he or she may request the return of any firearm or ammunition surrendered or removed if that firearm or ammunition had been lawfully possessed.

(2) The Metropolitan Police Department shall return any surrendered or removed firearm or ammunition requested by a respondent only after confirming that:

(A) The respondent is eligible to own or possess the firearms and ammunition;

(B) The firearm or ammunition was lawfully possessed; and

(C) The respondent has paid any applicable fee charged against the respondent by the Metropolitan Police Department pursuant to subsection 1007(e).

(b)(1) If a respondent who lawfully possessed a firearm or ammunition does not wish to have the firearm or ammunition returned, or the respondent is no longer eligible to own or possess firearms or ammunition, the respondent may sell or transfer title of the firearm or ammunition in accordance with applicable law.

(2) The Metropolitan Police Department shall transfer possession of a firearm or ammunition through a licensed firearm dealer to a purchaser or recipient, but only after the licensed firearms dealer has displayed written proof of the sale or transfer of the firearm or ammunition from the respondent to the dealer, and the Metropolitan Police Department has verified the transfer with the respondent.

(c) If the respondent does not request return of a firearm or ammunition under subsection (a) of this section, or sell or transfer a firearm or ammunition under subsection (b) of this section, within 6 months after the date the extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall treat the firearm or ammunition as surrendered and the firearm or ammunition shall be subject to § 7-2507.05(b).


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1009; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672.)

Emergency Legislation

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).


§ 7–2510.10. Recording requirements.

(a) The Metropolitan Police Department shall:

(1) Maintain a searchable database of extreme risk protection orders issued, terminated, and renewed pursuant to this subchapter; and

(2) Make the information maintained in paragraph (1) of this subsection available to any other relevant law enforcement, pretrial, corrections, or community supervision agency upon request.

(b) The Superior Court of the District of Columbia shall immediately submit information about extreme risk protection orders issued, renewed, or terminated pursuant to this subchapter to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1010; 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(m) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 4(m) 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(m) 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(m) 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(m) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).


§ 7–2510.11. Violation of an extreme risk protection order.

(a) A person violates an extreme risk protection order if, after receiving actual notice of being subject to an extreme risk protection order, the person knowingly has possession or control of, purchases, or receives a firearm or ammunition.

(b) A person convicted of violating an extreme risk protection order shall be:

(1) Fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both; and

(2) Prohibited from having possession or control of, purchasing, or receiving a firearm or ammunition for a period of 5 years after the date of conviction.

(c) A violation of an extreme risk protection order shall not be considered a:

(1) Weapons offense; or

(2) Gun offense, as that term is defined in § 7-2508.01(3).


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1011; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672.)

Emergency Legislation

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).


§ 7–2510.12. Law enforcement to retain other authority.

Nothing in this subchapter shall be construed to affect the ability of a law enforcement officer, as that term is defined in § 7-2509.01(3), to remove firearms or ammunition from any person pursuant to other lawful authority.


(Sept. 24, 1976, D.C. Law 1-85, title X, § 1012; as added May 10, 2019, D.C. Law 22-314, § 2(e), 66 DCR 1672.)

Emergency Legislation

For temporary (90 days) creation of § 7-2510.13, see § 2 of Extreme Risk Protection Order Implementation Working Group Emergency Amendment Act of 2020 (D.C. Act 23-252, Mar. 17, 2020, 67 DCR 3467).

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) creation of § 7-2510.13, see § 2 of Extreme Risk Protection Order Implementation Working Group Temporary Amendment Act of 2020 (D.C. Law 23-107, June 17, 2020, 67 DCR 3950).