{"data":{"id":"us-dc/d.c.-code-7-2510.03","jurisdiction":"us-dc","citation":"D.C. Code § 7-2510.03","heading":"Final extreme risk protection orders.","body":"(a)\n(1)\nUpon 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.\n(2)\nThe initial hearing shall be held within 14 days after the date the petition was filed.\n\n(b)\n(1)\nPersonal service of the notice of hearing and petition shall be made upon the respondent prior to the hearing.\n(2)\nIf the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service.\n(3)\nIf the respondent is unable to be personally served after the court has set a new hearing date and required new attempts at service pursuant to paragraph (2) of this subsection, the court may dismiss the petition without prejudice.\n\n(c)\nIf 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.\n\n(d)\nUpon receipt of a petition filed under § 7-2510.02, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that it can conduct a search of the respondent's mental health records and report its findings to the court as required by this subsection. Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General:\n(1)\nConduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition;\n(2)\nConduct a reasonable search of all available records of the respondent's mental health;\n(3)\nPerform a national criminal history and firearms eligibility background check on the respondent; and\n(4)\nSubmit its findings under this subsection to the court.\n\n(e)\nIn determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:\n(1)\nAny history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;\n(2)\nAny recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;\n(3)\nThe respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;\n(4)\nThe unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;\n(5)\nRespondent's criminal history;\n(6)\nRespondent's violation of a court order;\n(7)\nEvidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and\n(8)\nRespondent's use of a controlled substance, as that term is defined in § 48-901.02(4).\n\n(f)\nThe court shall, before issuing a final extreme risk protection order, examine any witnesses under oath.\n\n(g)\nThe 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.\n\n(h)\nA final extreme risk protection order issued under this section shall state:\n(1)\nThat 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;\n(2)\nThe date and time the order was issued;\n(3)\nThe date and time the order will expire;\n(4)\nThe grounds upon which the order was issued;\n(5)\nThe procedures for the:\n(A)\nRenewal of a final extreme risk protection order pursuant to § 7-2510.06;\n(B)\nSurrender 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\n(C)\nTermination of a final extreme risk protection order pursuant to § 7-2510.08; and\n(6)\nThat the respondent may seek the advice of an attorney as to any matter connected with this subchapter.\n\n(i)\nA 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.","path":["Title 7. Human Health Care and Safety.","Chapter 25. Firearms Control.","Subchapter X. Extreme Risk Protection Orders."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/7-2510.03","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"f8d65e57186f374bbb6f2cf20b7f45634442c27c04b5fc8232e029e91669e786","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-7-2510.02","next":"us-dc/d.c.-code-7-2510.04"},"notice":"GroundRules: Original legal text. Not legal advice."}