When can the court order surrender of firearms in a DVPO?

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Both federal and state law prohibits the possession of firearms by anyone subject to a qualifying domestic violence protective order. However, the fact that possession of firearm is a crime does not give the trial court authority to order a defendant in a 50B proceeding to surrender all weapons.

Explicit firearm provisions in 50B

GS 50B-3.1 specifically addresses the surrender of firearms. That statute requires the court to order defendant to surrender all weapons to the sheriff if the court finds one of the following:

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