Surrender, Return, and Disposal of Firearms in Civil Domestic Violence Cases

North Carolina General Statute 50B-3.1 provides that, under certain circumstances, a person who is subject to a DVPO must be ordered to surrender to the sheriff “all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant.” That statute also permits the person to seek return of the surrendered items following the expiration of the protective order and final disposition of any related criminal charges. If the person is ineligible for the return of the items or fails to request return, then a court may order disposal of the items in one of several ways set out in the statute. This post details the procedure for surrender, return, and disposal of firearms and related items in DVPO cases. Surrender My colleague Cheryl Howell has previously blogged about circumstances under which a court can order surrender of firearms. When a DVPO is issued, the court must order defendant to surrender all weapons, ammunition, and permits to the sheriff if the court finds one of the following: The use or threatened use of a weapon by defendant or a pattern of conduct involving the use or threatened use of violence with a firearm. Threats to seriously injure or kill the party or minor child by defendant. Threats to commit suicide by defendant. Serious injuries inflicted upon the party or minor child by defendant. This requirement applies to both an ex parte DVPO and an order entered [...]