Verified Firearm Specifications

Alaska firearm removal at scene of domestic violence handgun and long gun Restrictive

AK1044 — authorized

Citation: AS § 18.65.515(b)

If a peace officer investigating a crime involving domestic violence determines that it is necessary to protect the victim or the victim's family from domestic violence or to protect the officer or the public during the investigation, the officer may (1) seize a deadly weapon in plain view of the officer, and (2) if a deadly weapon was actually possessed during or used in the domestic violence, seize all deadly...

Effective: 1996-07-01

Arizona firearm removal at scene of domestic violence handgun and long gun Restrictive

AZ1049 — authorized

Citation: A.R.S. § 13-3601B, C

B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer.

Effective: 1996-07-19

California firearm removal at scene of domestic violence handgun and long gun Restrictive

CA1080 — required

Citation: West's Ann.Cal.Penal Code § 18250(a)

(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain...

Effective: 2000-01-01

Colorado firearm removal at scene of domestic violence handgun and long gun Restrictive

CO1065 — required

Citation: Colo. Rev. Stat. §§ 13-14-105.5 (1)

(1) Order requirements. If the court subjects a respondent to a civil protection order and the court determines on the record after reviewing the petition for the protection order that the protection order includes an act of domestic violence, as defined in section 18-6-800.3(1), and the act of domestic violence involved the threat of use, use of, or attempted use of physical force, the court, as part of such order:...

Effective: 2013-07-01

Connecticut firearm removal at scene of domestic violence handgun and long gun Restrictive

CT1064 — authorized

Citation: C.G.S.A. § 46b-38b(a)

Except as provided in subsections (b) and (c) of this section, whenever a peace officer determines upon speedy information that a family violence crime has been committed within such officer's jurisdiction, such officer shall arrest the person suspected of its commission and charge such person with the appropriate crime.

Effective: 1999-07-01

Hawaii firearm removal at scene of domestic violence handgun and long gun Restrictive

HI1080 — required

Citation: HRS § 709-906

Any police officer, with or without a warrant, shall take the following course of action, regardless of whether the physical abuse or harm occurred in the officer's presence: (f) The police officer shall seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of an offense under this section.

Effective: 2012-07-03

Hawaii firearm removal at scene of domestic violence handgun and long gun Restrictive

HI1072 — authorized

Citation: HRS § 134-7.5(a)

Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense.

Effective: 1996-07-01 Superseded: 2012-07-03

Illinois firearm removal at scene of domestic violence handgun and long gun Restrictive

IL1056 — required

Citation: 725 ILCS 5/112A-30(a)

Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, including: (2) If there is probable cause to believe that particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;

Effective: 1994-07-01

Indiana firearm removal at scene of domestic violence handgun and long gun Restrictive

IN1050 — authorized

Citation: IC 35-33-1-1.5(b)

(b) A law enforcement officer may confiscate and remove a firearm, ammunition, or a deadly weapon from the scene if the law enforcement officer has: (1) probable cause to believe that a crime involving domestic or family violence has occurred; (2) a reasonable belief that the firearm, ammunition, or deadly weapon: (A) exposes the victim to an immediate risk of serious bodily injury; or (B) was an instrumentality of...

Effective: 2002-07-01

Iowa firearm removal at scene of domestic violence handgun and long gun Restrictive

IA1051 — authorized

Citation: Iowa Code §§ 236.5 (1)(b)(2)

1. Upon a finding that the defendant has engaged in domestic abuse: b. The court may grant a protective order which may contain but is not limited to any of the following provisions: (1) That the defendant cease domestic abuse of the plaintiff. (2) That the defendant not knowingly possess, ship, transport, or receive firearms, offensive weapons, and ammunition in violation of section 724.26, subsection 2.

Effective: 2010-07-01

Louisiana firearm removal at scene of domestic violence handgun and long gun Restrictive

LA1061 — authorized

Citation: La. Code Crim. Proc. Ann. § art.1002(B)

B. (1) The order to transfer firearms and suspend a concealed handgun permit shall be issued by the court at the time of conviction for any of the offenses listed in Subparagraph (A)(1) of this Article or at the time the court issues an injunction or order under any of the circumstances listed in Subparagraph (A)(2) of this Article.

Effective: 2018-10-01

Maryland firearm removal at scene of domestic violence handgun and long gun Restrictive

MD1054 — authorized

Citation: MD Code, Family Law, § 4-511(a)

(a) When responding to the scene of an alleged act of domestic violence, as described in this subtitle, a law enforcement officer may remove a firearm from the scene if: (1) the law enforcement officer has probable cause to believe that an act of domestic violence has occurred; and (2) the law enforcement officer has observed the firearm on the scene during the response.

Effective: 1996-10-01

Massachusetts firearm removal at scene of domestic violence handgun and long gun Restrictive

MA1069 — required

Citation: Mass. Gen. Laws ch. 209A, § 3B

Upon issuance of a temporary or emergency order under section four or five of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns...

Effective: 1994-06-07

Minnesota firearm removal at scene of domestic violence handgun and long gun Restrictive

MN1050 — required

Citation: Minn. Stat. §§ 518B.01, subd. 6 (g)

(g) An order granting relief shall prohibit the abusing party from possessing firearms for the length the order is in effect if the order (1) restrains the abusing party from harassing, stalking, or threatening the petitioner or restrains the abusing party from engaging in other conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents a...

Effective: 2014-08-01

Montana firearm removal at scene of domestic violence handgun and long gun Restrictive

MT1042 — required

Citation: MCA 46-6-603(1)

A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault.

Effective: 1995-10-01

Nebraska firearm removal at scene of domestic violence handgun and long gun Restrictive

NE1045 — required

Citation: Neb.Rev.St. § 29-440(1)

(1) Incident to an arrest under section 28-323, a peace officer: (a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and (b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search authorized or consented to by the person being searched or in charge of the premises being searched, as necessary for the protection of the...

Effective: 2004-07-15

Nevada firearm removal at scene of domestic violence handgun and long gun Restrictive

NV1059 — authorized

Citation: Nev. Rev. Stat. §§ 33.031

1. A court may include in an extended order issued pursuant to NRS 33.030: (a) A requirement that the adverse party surrender, sell or transfer any firearm in the adverse party's possession or under the adverse party's custody or control in the manner set forth in NRS 33.033; and (b) A statement that, unless the provisions of subsection 3 apply, the adverse party is prohibited from possessing or having under the...

Effective: 2007-10-01

New Hampshire firearm removal at scene of domestic violence handgun and long gun Restrictive

NH1044 — required

Citation: N.H. Rev. Stat. § 173-B:10.1.

Whenever any peace officer has probable cause to believe that a person has been abused, as defined in RSA 173-B:1, that officer shall use all means within reason to prevent further abuse including, but not limited to: (a) Confiscating any deadly weapons involved in the alleged domestic abuse and any firearms and ammunition in the defendant's control, ownership, or possession.

Effective: 2000-01-01

New Jersey firearm removal at scene of domestic violence handgun and long gun Restrictive

NJ1054 — required

Citation: N.J.S.A. 2C:25-21d(1)

In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall: (a) question persons present to determine whether there are weapons on the premises; and (b) upon observing or learning that a weapon is present on the premises,...

Effective: 2004-01-14

New Mexico firearm removal at scene of domestic violence handgun and long gun Restrictive

NM1053 — authorized

Citation: N.M. Stat. Ann. § 40-13-5(A)(2)

A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to: (2) if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity...

Effective: 2019-07-01

New York firearm removal at scene of domestic violence handgun and long gun Restrictive

NY1072 — authorized

Citation: McKinney's CPL § 530.14

1. Suspension of firearms license and ineligibility for such a license upon issuance of temporary order of protection. Whenever a temporary order of protection is issued pursuant to subdivision one of section 530.12 or subdivision one of section 530.13 of this article the court shall inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to...

Effective: 1996-11-01

North Carolina firearm removal at scene of domestic violence handgun and long gun Restrictive

NC1060 — authorized

Citation: N.C. Gen. Stat. §§ 50B-3.1(a)(d)

(a) Required Surrender of Firearms.--Upon issuance of an emergency or ex parte order pursuant to this Chapter, the court shall order the defendant 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 if the court finds any of the following factors: (1)...

Effective: 2003-12-01

North Dakota firearm removal at scene of domestic violence handgun and long gun Restrictive

ND1051 — authorized

Citation: N.D. Cent. Code §§ 14-07.1-02 (4)(g)

4. Upon a showing of actual or imminent domestic violence, the court may enter a protection order after due notice and full hearing. The relief provided by the court may include any or all of the following: g.

Effective: 1997-08-01

Ohio firearm removal at scene of domestic violence handgun and long gun Restrictive

OH1042 — required

Citation: O.R.C. § 2935.03(B)(3)(h)

A peace officer described in division (A) of this section responds to a report of an alleged incident of the offense of domestic violence or an alleged incident of the offense of violating a protection order and if the circumstances of the incident involved the use or threatened use of a deadly weapon or any person involved in the incident brandished a deadly weapon during or in relation to the incident, the deadly...

Effective: 1994-12-09

Oklahoma firearm removal at scene of domestic violence handgun and long gun Restrictive

OK1042 — required

Citation: 22 Okl.St.Ann. § 60.8.A

Each peace officer of this state shall seize any weapon or instrument when such officer has probable cause to believe such weapon or instrument has been used to commit an act of domestic abuse as defined by Section 60.1 of this title, provided an arrest is made, if possible, at the same time.

Effective: 1993-09-01

Oregon firearm removal at scene of domestic violence handgun and long gun Restrictive

OR1056 — required

Citation: Or. Rev. Stat. § 166.256

(1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall: (A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect.

Effective: 2019-06-04

Pennsylvania firearm removal at scene of domestic violence handgun and long gun Restrictive

PA1051 — required

Citation: 18 Pa.C.S.A. § 2711(b)

Seizure of weapons.--The arresting police officer shall seize all weapons used by the defendant in the commission of the alleged offense.

Effective: 1986-04-16

Rhode Island firearm removal at scene of domestic violence handgun and long gun Restrictive

RI1063 — authorized

Citation: R.I. Gen. Laws §§ 15-15-3

(a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the director of the department of children, youth and families (“DCYF”) or its designee for a child in the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any order that will protect and support...

Effective: 2005-07-01

South Dakota firearm removal at scene of domestic violence handgun and long gun Restrictive

SD1044 — authorized

Citation: S.D. Codified Laws § 25-10-24

The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement.

Effective: 2017-01-01

Tennessee firearm removal at scene of domestic violence handgun and long gun Restrictive

TN1045 — required

Citation: T. C. A. § 36-3-620(a)

(1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.

Effective: 1995-07-01

Utah firearm removal at scene of domestic violence handgun and long gun Restrictive

UT1055 — required

Citation: U.C.A. 1953 § 77-36-2.1(2)

A law enforcement officer who responds to an allegation of domestic violence shall use all reasonable means to protect the victim and prevent further violence, including: (b) confiscating the weapon or weapons involved in the alleged domestic violence;

Effective: 1995-07-01

Vermont firearm removal at scene of domestic violence handgun and long gun Restrictive

VT1043 — authorized

Citation: 13 V.S.A. § 1048(a)(1)

When a law enforcement officer arrests, cites, or obtains an arrest warrant for a person for domestic assault in violation of this subchapter, the officer may remove any firearm: (A) that is contraband or will be used as evidence in a criminal proceeding; or (B) that is in the immediate possession or control of the person being arrested or cited, in plain view of the officer at the scene of the alleged domestic...

Effective: 2018-09-01

Virginia firearm removal at scene of domestic violence handgun and long gun Restrictive

VA1068 — required

Citation: Va. Code Ann.§ 18.2-308.1:4 (C)

C. Upon issuance of a protective order pursuant to § 16.1-279.1 or 19.2-152.10, the court shall order the person who is subject to the protective order to (i) within 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 (a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer...

Effective: 2020-07-01

Washington firearm removal at scene of domestic violence handgun and long gun Restrictive

WA1055 — required

Citation: West's RCWA 10.99.030(3)(a)

A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall: (i) Seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense; (ii) Seize all firearms in plain sight or discovered pursuant to a lawful search; and (iii) Request consent to take temporary...

Effective: 2019-07-28

West Virginia firearm removal at scene of domestic violence handgun and long gun Restrictive

WV1046 — required

Citation: W. Va. Code, § 48-27-1002(e)

Whenever any person is arrested pursuant to the provisions of this article or for a violation of an order issued pursuant to section five hundred nine or subsections (b) and (c), of section six hundred eight, article five of this chapter the arresting officer, subject to the requirements of the Constitutions of this state and of the United States: (1) Shall seize all weapons that are alleged to have been involved or...

Effective: 2001-09-01

Wisconsin firearm removal at scene of domestic violence handgun and long gun Restrictive

WI1065 — required

Citation: Wis. Stat. §§ 813.12(4m)

(4m) Notice of restriction on firearm possession; surrender of firearms. (a) An injunction issued under sub. (4) shall do all of the following: 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties. 2. Except as provided in par.

Effective: 1996-04-01