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prohibited possessor Laws Law Intelligence Hub

243 Records • Page 4 of 7
Maryland prohibited possessor handgun and long gun Restrictive

MD1076 — violent misdemeanor

Citation: Md. Public Safety Code § 5-133 (c)

(c)(1) A person may not possess a regulated firearm if the person was previously convicted of: (i) a crime of violence;

Effective: 2003-10-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1034 — dvro

Citation: Md. Code Ann., Pub. Safety § 5-133(b)(8).

(b) The issuance of a Uniform Abuse Prevention Order that includes terms that prohibit the person from possessing a firearm or carrying a concealed weapon.

Effective: 1996-10-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1032 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Md. Ann. Code art. 27 § 445 (1988)

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (6) suffers from a mental disorder as defined in § 10-101(i)(2) of the Health--General Article and has a history of violent behavior against the person or another

Effective: 1988-07-01
Maryland prohibited possessor handgun and long gun Restrictive

MD1033 — mental health : committed to mh facility

Citation: Md. Ann. Code art. 27 § 445 (1988)

(b) Subject to § 5-133.3 of this subtitle, a person may not possess a regulated firearm if the person: (10) has been involuntarily committed to a facility as defined in § 10-101 of the Health--General Article.

Effective: 1988-07-01 Superseded: 2013-10-01
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1042 — erpo : expanded

Citation: Mass. Gen. Laws ch. 140, § 121; Mass. Gen. Laws ch. 140, § 129B(C); Mass. Gen. Laws ch. 140, § 131(C); Mass. Gen. Laws ch. 140, §131R-Z;

Chapter 209E Extreme Risk Protective Orders Section 1. As used in this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:- “Court”, the superior, district, or Boston municipal court departments of the trial court.

Effective: 2018-07-03
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1043 — erpo : ex parte

Citation: Ch. 140, §§ 121, 131R, 131S, 131T

M.G.L.A. 140 § 121 “Petitioner”, the family or household member, or the licensing authority of the municipality where the respondent resides, filing a petition.

Effective: 2018-07-03
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1039 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: M.G.L.A. 140 § 129B, 131

129B: A firearm identification card shall be issued and possessed subject to the following conditions and restriction: is or has been: (B) committed by an order of a court to any hospital or institution for mental illness; subject to an order of the probate court appointing a guardian or conservator for a incapacitated person on the grounds that that applicant lacks the mental capacity to contract or manage affairs.

Effective: 2015-01-01
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1041 — mental health : committed to mh facility

Citation: M.G.L.A. 140 § 131

All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions:(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject...

Effective: 2015-01-01
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1082 — violent misdemeanor juvenile

Citation: Mass. Gen. Laws ch. 140, § 131(d)

(d) A person residing or having a place of business within the jurisdiction of the licensing authority or any law enforcement officer employed by the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority or the colonel of state police an application for a license to carry firearms, or renewal of the same, which the...

Effective: 1998-10-21
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1037 — dvro ex parte : expanded

Citation: Mass. Gen. Laws ch. 209A, §§ 1, 3B, 4

Section 1(e): “Family or household members”, persons who: (e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated...

Effective: 1994-05-25
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1038 — dvro : expanded

Citation: Mass. Gen. Laws ch. 209A, §§ 1, 3B

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...

Effective: 1994-05-25
Massachusetts prohibited possessor handgun and long gun Restrictive

MA1036 — mental health : committed to mh facility

Citation: M.G.L.A. 140 § 129B

A firearm identification card shall be issued and possessed subject to the following conditions and restriction: is or has been: (A) except in the case of a commitment pursuant to sections 35 or 36C of chapter 123, committed to any hospital or institution for mental illness

Effective: 1969-01-01 Superseded: 2015-01-01
Michigan prohibited possessor handgun and long gun Restrictive

MI1074 — erpo : ex parte expanded

Citation: MCR 3.718 (A)

(A) Ex Parte Orders. Except as otherwise provided in this rule: (1) The court must rule on a request for an ex parte order within one business day of the filing date of the complaint. The court must expedite and give priority to ruling on a request for an ex parte order.

Effective: 2024-04-11
Michigan prohibited possessor handgun and long gun Restrictive

MI1035 — dvro ex parte : expanded

Citation: Mich. Comp. Laws §§ 600.2950, 600.2950a

Sec. 2950. (1) By commencing an independent action to obtain relief under this section, by joining a claim to an action, or by filing a motion in an action in which the petitioner and the individual to be restrained or enjoined are parties, an individual may petition the circuit court to enter a personal protection order to restrain or enjoin a spouse, a former spouse, an individual with whom he or she has had a...

Effective: 1996-04-01
Michigan prohibited possessor handgun Restrictive

MI1032 — mental health : committed to mh facility

Citation: Mich. Comp. Laws Serv. § 28.422

Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section. (g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. (h) The person has not been adjudged legally incapacitated in this state or elsewhere.

Effective: 1991-03-28
Michigan prohibited possessor handgun Restrictive

MI1033 — mental health : committed to mh facility : outpatient

Citation: Mich. Comp. Laws Serv. § 28.422

Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section. (g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. (h) The person has not been adjudged legally incapacitated in this state or elsewhere.

Effective: 1991-03-28 Superseded: 1996-04-01
Michigan prohibited possessor long gun Restrictive

MI1065 — mental health : committed to mh facility

Citation: Mich. Comp. Laws Serv. § 28.422

(a) Purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section. (b) Purchase a firearm that is not a pistol in this state without first having obtained a license for the firearm as prescribed in this section.

Effective: 1991-03-28
Michigan prohibited possessor long gun Restrictive

MI1066 — mental health : committed to mh facility : outpatient

Citation: Mich. Comp. Laws Serv. § 28.422

(b) Purchase a firearm that is not a pistol in this state without first having obtained a license for the firearm as prescribed in this section. This subdivision does not apply to the purchase or acquisition of a firearm that occurred before the effective date of the amendatory act that added this subdivision.

Effective: 1991-03-28
Michigan prohibited possessor handgun Restrictive

MI1031 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Mich. Comp. Laws Serv. § 28.422

1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section. (f) The person has not been adjudged insane in this state or elsewhere.

Effective: 1927-09-05 Superseded: 1991-03-28
Minnesota prohibited possessor handgun and long gun Restrictive

MN1061 — erpo : expanded

Citation: MN ST § 624.7171

Subd. 4. Generally. (a) There shall exist an action known as a petition for an extreme risk protection order, which order shall enjoin and prohibit the respondent from possessing or purchasing firearms for as long as the order remains in effect.

Effective: 2024-01-01
Minnesota prohibited possessor handgun and long gun Restrictive

MN1030 — dvro : expanded

Citation: Minn. Stat. § 624.713, subd. 1(10); 518B.01, subd. 2, 609.2242, Subd. 3(f)

624.713: The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm: (10) a person who: (13) a person who is subject to an order for protection as described in section 260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g). 518B.01 Subd.

Effective: 2014-08-01
Minnesota prohibited possessor handgun and long gun Restrictive

MN1057 — violent misdemeanor limited

Citation: Minn. Stat. § 624.713, subd. 1 (11)

(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect...

Effective: 2003-08-01
Minnesota prohibited possessor handgun and long gun Restrictive

MN1029 — mental health : committed to mh facility

Citation: M.S.A. § 624.713 (3)

The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or.. any other firearm: (3) who has ever been found incompetent to stand trial or not guilty by reason of mental illness

Effective: 1994-08-01
Minnesota prohibited possessor handgun and long gun Restrictive

MN1058 — not RAND violent misdemeanor

Citation: Minn. Stat. § 624.713, subd. 1 (d)

Subdivision 1. Ineligible persons. The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm: (11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted...

Effective: 1993-08-01 Superseded: 2003-08-01
Minnesota prohibited possessor handgun Restrictive

MN1028 — mental health : committed to mh facility

Citation: M.S.A. § 624.713 (3)

The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or.. any other firearm: (3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility

Effective: 1975-08-01 Superseded: 1994-08-01
Missouri prohibited possessor handgun and long gun Restrictive

MO1039 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Mo. Rev. Stat. § 571.070

1. A person commits the offense of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and: (2) is currently adjudged mentally incompetent.

Effective: 2008-08-28
Missouri prohibited possessor handgun and long gun Restrictive

MO1038 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Mo. Rev. Stat. § 571.070 (1981)

A person commits the crime of unlawful possession of a concealable firear, if he has any concealable firearm in his possession and: 2)…is currently adjudged mentally incompetent.

Effective: 1981-08-28 Superseded: 2008-08-28
Montana prohibited possessor handgun and long gun Restrictive

MT1026 — dvro ex parte : expanded

Citation: Mont. Code §§ 40-15-201(2); 40-15-204(3)

40-15-201. Temporary order of protection. (1) A petitioner may seek a temporary order of protection from a court listed in 40-15-301.

Effective: 1995-04-10
Nebraska prohibited possessor handgun and long gun Restrictive

NE1029 — dvro ex parte : expanded

Citation: Neb. Rev. Stat. §§ 42-924(1)(g), 42-925; recodified to §§ 26-103, 109

§ 42-924(1)(g) Any victim of domestic abuse may file a petition and affidavit for a protection order as provided in subsections (2) and (3) of this section.

Effective: 2012-04-05
Nevada prohibited possessor handgun and long gun Restrictive

NV1067 — erpo : ex parte

Citation: Nev. Rev. Stat. Ann. § 33.560

1. A law enforcement officer who has probable cause to believe that a person poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm may file a verified application for an order for protection against high-risk behavior. 2.

Effective: 2020-01-01
Nevada prohibited possessor handgun and long gun Restrictive

NV1068 — erpo : expanded

Citation: Nev. Rev. Stat. Ann. § 33.580

1. The court shall issue an extended order if the court finds by clear and convincing evidence from facts shown by a verified application filed pursuant to NRS 33.560: (a) That a person poses a risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm; (b) The person engaged in high-risk behavior; and (c) Less restrictive...

Effective: 2020-01-01
Nevada prohibited possessor handgun and long gun Restrictive

NV1027 — mental health : committed to mh facility

Citation: N.R.S. 202.360

A person shall not own or have in his possession or under his custody or control any firearm if he:(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States; (c) Has been found guilty but mentally ill in a court of this State, any other state or the United States; (d) Has been acquitted by reason of insanity in a court of this State, any other state or the...

Effective: 2015-10-01
Nevada prohibited possessor handgun and long gun Restrictive

NV1026 — dvro : expanded

Citation: Nev. Rev. Stat. Ann. § 33.031(1)(b); 33.018

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...

Effective: 2007-06-02
Nevada prohibited possessor handgun and long gun Restrictive

NV1024 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: N.R.S. 202.360

A person shall not own or have in his possession or under his custody or control any firearm if he: (a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States

Effective: 2003-10-01
Nevada prohibited possessor handgun and long gun Restrictive

NV1025 — mental health : committed to mh facility

Citation: N.R.S. 202.360

A person shall not own or have in his possession or under his custody or control any firearm if he: (a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States

Effective: 2003-10-01 Superseded: 2015-10-01
New Hampshire prohibited possessor handgun and long gun Restrictive

NH1026 — dvro

Citation: N.H. Rev. Stat. Ann. § 173-B:5

I. A finding of abuse shall mean the defendant represents a credible threat to the safety of the plaintiff. Upon a showing of abuse of the plaintiff by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of abuse.

Effective: 2000-01-01