Extreme Risk Protection Orders: - New Recommendations for Policy and Implementation

Extreme Risk Protection Orders: - New Recommendations for Policy and Implementation

30 Oct 2020

However, additional protections should be afforded to minor respondents: court records for such cases should be kept confidential and sealed following expiration of the order, and coordinated efforts should be taken to ensure that such cases are brought to the attention of the appropriate authorities to ensure the safety and protection of the minor. [...] In issuing specific recommendations regarding the duration of each order, the Consortium seeks to provide enough time for respondents to address the underlying causes of risk and thus, for the elevated risk of harm to self or others to subside, while also balancing rights of respondents and available resources and capacity of law enforcement and judicial personnel. [...] At a minimum, in the absence of a court-approved plan, in cases where third party clauses result in the return of firearms to their lawful owner who cohabits with the respondent, the lawful owner should be informed of the requirement to safely store the firearms in a manner that prevents the respondent from accessing the firearms and the legal penalties for failure to do so and required to acknowl. [...] When firearms are returned to the lawful owner who cohabits with the respondent of the ERPO, the lawful owner should be informed of the requirement to safely store the firearms in a manner that prevents the respondent from accessing the firearms and the legal penalties for failure to do so. [...] When firearms are returned to the lawful owner who does not cohabit with the respondent of the ERPO, the lawful owner should be informed of the requirement to prevent the respondent from accessing the firearms and the legal penalties for failure to do so.

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Pages
41
Published in
United States of America