Verified Firearm Specifications

New Hampshire prohibited possessor handgun and long gun Restrictive

NH1027 — dvro ex parte

Citation: N.H. Rev. Stat. Ann. § 173-B:4(I), N.H. Rev. Stat. Ann. § 631:2-b(III)(b)

173-B:4 Temporary Relief. - I. Upon a showing of an immediate and present danger of abuse, the court may enter temporary orders to protect the plaintiff with or without actual notice to defendant. The court may issue such temporary orders by telephone or facsimile.

Effective: 2000-01-01

New Jersey prohibited possessor handgun and long gun Restrictive

NJ1041 — erpo : ex parte

Citation: N.J. Stat. Ann. §§ 2C:58-21, 23

NJ ST 2C:58-21 “Petitioner” means a family or household member or law enforcement officer. NJ ST 2C:58-23 a petitioner may file a petition, as prescribed by the Administrative Director of the Courts, for a temporary extreme risk protective order in the court in accordance with the Rules of Court alleging that the respondent poses a significant danger of bodily injury to self or others by having custody or control...

Effective: 2019-09-01

New Jersey prohibited possessor handgun and long gun Restrictive

NJ1043 — erpo : expanded

Citation: N.J. Stat. Ann. §§ 2C:58-21

“Petitioner” means a family or household member or law enforcement officer.

Effective: 2019-09-01

New Jersey prohibited possessor handgun and long gun Restrictive

NJ1037 — dvro : expanded

Citation: N.J. Stat. Ann. § 2C:25-29(b); 2C:58-3c(6); 2C:25-19

2C:25-29(b )In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse.

Effective: 2004-01-14

New Jersey prohibited possessor handgun and long gun Restrictive

NJ1036 — dvro ex parte : expanded

Citation: N.J. Stat. Ann. §§ 2C:25-28(f)(j); 2C:25-29b; 2C:25-19

2C:25-28f: A plaintiff may seek emergency, ex parte relief in the nature of a temporary restraining order. A municipal court judge or a judge of the Family Part of the Chancery Division of the Superior Court may enter an ex parte order when necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought. i.

Effective: 1991-11-12

New Jersey prohibited possessor handgun and long gun Restrictive

NJ1035 — mental health : committed to mh facility

Citation: N.J.S.A. 2C:39-7

Certain Persons Not to Have Weapons. Any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium

Effective: 1979-09-01

New Mexico prohibited possessor handgun and long gun Restrictive

NM1049 — erpo

Citation: NM ST § 40-17-5

A. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is a law enforcement officer, the petition shall be filed by the district attorney or the attorney general. B.

Effective: 2020-07-20

New Mexico prohibited possessor handgun and long gun Restrictive

NM1050 — erpo : ex parte

Citation: NM ST § 40-17-5 (d)

D. A law enforcement officer shall file a petition for an extreme risk firearm protection order upon receipt of credible information from a reporting party that gives the agency or officer probable cause to believe that a respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm.

Effective: 2020-07-20

New Mexico prohibited possessor handgun and long gun Restrictive

NM1021 — dvro

Citation: N.M. Stat. § 40-13-5(4)

After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party's immediate possession or control or subject to the restrained party's possession or control in a safe manner to a law enforcement officer, a law enforcement agency or federal firearms...

Effective: 2019-07-01

New York prohibited possessor handgun and long gun Restrictive

NY1087 — violent misdemeanor limited

Citation: N.Y. Penal Law §§ 400.00(1)(n)

1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.

Effective: 2022-09-01

New York prohibited possessor handgun and long gun Restrictive

NY1036 — erpo : expanded

Citation: McKinney's CPLR § § 6340- 6342

§ 6340. Definitions. For the purposes of this article: 1. "Extreme risk protection order" means a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun. 2.

Effective: 2019-08-24

New York prohibited possessor handgun and long gun Restrictive

NY1037 — erpo : ex parte

Citation: McKinney's CPLR § § 6340- 6342

§ 6342 Upon application of a petitioner pursuant to this article, the court may issue a temporary extreme risk protection order, ex parte or otherwise, to prohibit the respondent from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun, upon a finding that there is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to himself,...

Effective: 2019-08-24

New York prohibited possessor handgun and long gun Restrictive

NY1041 — dvro ex parte : expanded

Citation: N.Y. Crim. Proc. Law § 530.11

For purposes of this section, “members of the same family or household” with respect to a proceeding in the criminal courts shall mean the following: (e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.

Effective: 2008-07-21

New York prohibited possessor handgun and long gun Restrictive

NY1042 — dvro : expanded

Citation: N.Y. Crim. Proc. Law § 530.11

For purposes of this section, “members of the same family or household” with respect to a proceeding in the criminal courts shall mean the following: (e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.

Effective: 2008-07-21

New York prohibited possessor handgun and long gun Restrictive

NY1034 — dvro

Citation: N.Y. Fam. Ct. Act § 828, 842-a(1),(2).

828: (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under section eight hundred forty-two, provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record,...

Effective: 1996-11-01 Superseded: 2008-07-21

New York prohibited possessor handgun and long gun Restrictive

NY1035 — dvro ex parte

Citation: N.Y. Fam. Ct. Act § 828, 842-a(1),(2).

828: (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under section eight hundred forty-two, provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record,...

Effective: 1996-11-01 Superseded: 2008-07-21

New York prohibited possessor handgun and long gun Restrictive

NY1032 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: McKinney's Penal Law § 265.00

Certified not suitable to possess a self-defense spray device, a rifle or shotgun” means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village of this state, that a person who has been judicially adjudicated incompetent...

Effective: 1967-09-01

New York prohibited possessor handgun and long gun Restrictive

NY1033 — mental health : committed to mh facility

Citation: McKinney's Penal Law § 265.00

Certified not suitable to possess a self-defense spray device, a rifle or shotgun” means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village of this state, that a person...who has been confined to such institution for mental illness...

Effective: 1967-09-01

North Carolina prohibited possessor handgun and long gun Restrictive

NC1033 — dvro : expanded

Citation: N.C. Gen. Stat. § 14-269.8(a), 50B-1(b), 50B-3.1I(a)

14-269.8(a): In accordance with G.S. 50B-3.1, it is unlawful for any person to possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, as defined in G.S.

Effective: 2003-12-01

North Carolina prohibited possessor handgun and long gun Restrictive

NC1034 — dvro ex parte : expanded

Citation: N.C. Gen. Stat. § 50B-3.1(b), (c)

§ 50B-3.1. Surrender and disposal of firearms; violations; exemptions. (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...

Effective: 2003-12-01

North Carolina prohibited possessor handgun Restrictive

NC1031 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: N.C.G.S.A. § 14-404

A permit may not be issued to the following persons: (4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.

Effective: 1982-06-23

North Carolina prohibited possessor handgun Restrictive

NC1032 — mental health : committed to mh facility

Citation: N.C.G.S.A. § 14-404

A permit may not be issued to the following persons: (4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.

Effective: 1982-06-23

North Dakota prohibited possessor handgun and long gun Restrictive

ND1024 — dvro : expanded

Citation: N.D. Cent. Code § 14-07.1-01.4 (g)

14-07.1-01(4): “Family or household member” means a spouse, family member, former spouse, parent, child, persons related by blood or marriage, persons who are in a dating relationship, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they are or have been married or have lived together at any time, and, for the purpose of...

Effective: 1997-03-27

North Dakota prohibited possessor handgun and long gun Restrictive

ND1025 — dvro ex parte : expanded

Citation: N.D. Cent. Code §§ 14-07.1-03.1

14-07.1-03.1. If an application under section 14-07.1-02 alleges an immediate and present danger of domestic violence to the applicant, based upon an allegation of a recent incident of actual domestic violence, the court may grant an ex parte temporary protection order, pending a full hearing, granting such relief as the court deems proper. 2. An ex parte temporary protection order may include: d.

Effective: 1997-03-27

North Dakota prohibited possessor handgun and long gun Restrictive

ND1058 — violent misdemeanor limited

Citation: N.D. Cent. Code § 62.1-02-01(1)(b)

b. A person who has been convicted anywhere of a felony offense of this or another state or the federal government not provided for in subdivision a or who has been convicted of a class A misdemeanor offense involving violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another state or the federal government and the offense was committed while using or possessing a...

Effective: 1989-08-01

North Dakota prohibited possessor handgun and long gun Restrictive

ND1023 — mental health : committed to mh facility

Citation: N.D. Cent. Code § 62.1-02-01

A person who is or has ever been diagnosed and confined or committed to a hospital or other institution in this state or elsewhere by a court of competent jurisdiction, ...as a person requiring treatment as defined in section 25-03.1-02, or as a mentally deficient individual, is prohibited from purchasing a firearm or having one in possession or under control.

Effective: 1985-08-01

Ohio prohibited possessor handgun and long gun Restrictive

OH1058 — dvro ex parte : expanded

Citation: Ohio Rev. Code Ann. § 3113.31 (F)(2)

(C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court.

Effective: 2018-07-06

Ohio prohibited possessor handgun and long gun Restrictive

OH1028 — dvro ex parte

Citation: Ohio Rev. Code Ann. § 3113.31 (F)(2)

(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed.

Effective: 2008-06-24

Ohio prohibited possessor handgun and long gun Restrictive

OH1026 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: R.C. § 2923.13

No person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (5) has been adjudicated as a mental defective

Effective: 2004-04-08

Ohio prohibited possessor handgun and long gun Restrictive

OH1027 — mental health : committed to mh facility

Citation: R.C. § 2923.13

No person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (5) ...has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation.

Effective: 2004-04-08

Ohio prohibited possessor handgun and long gun Restrictive

OH1025 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: R.C. § 2923.13

No person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (5) The person is under adjudication of mental incompetence

Effective: 1974-01-01 Superseded: 2004-04-08

Oklahoma prohibited possessor handgun Restrictive

OK1027 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 21 Okl.St.Ann. § 1290.10

The occurrence of any one of the following conditions shall deny the person the right to have a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act. Prohibited conditions are: Adjudication as a mentally incompetent person pursuant to the provisions of the Oklahoma Mental Health Law, or an adjudication of incompetency entered in another state pursuant to any provision of law of that state.

Effective: 1995-09-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1033 — dvro : expanded

Citation: Or. Rev. Stat. §§ 166.255, 135.230

ORS 135.230. [(d) “Intimate partner” means, with respect to a person, the person’s spouse, the person’s former spouse, a parent of the person’s child or another person who has cohabited or is cohabiting with the person in a relationship akin to a spouse.]

Effective: 2019-01-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1031 — erpo : ex parte

Citation: Or. Rev. Stat. Ann. §§ 166.525, 166.527

166.525 Definitions. As used in ORS 166.525 to 166.543: (6) “Petitioner” means a person who petitions for an order under ORS 166.525 to 166.543. (7) “Respondent” means a person against whom an order is filed under ORS 166.525 to 166.543. [2017 c.737 §1] 166.527 Petition for ex parte order; issuance and service of order; request for hearing.

Effective: 2018-01-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1032 — erpo : expanded

Citation: Or. Rev. Stat. Ann. §§ 166.525, 166.527

166.525 Definitions. As used in ORS 166.525 to 166.543: (6) “Petitioner” means a person who petitions for an order under ORS 166.525 to 166.543. (7) “Respondent” means a person against whom an order is filed under ORS 166.525 to 166.543. [2017 c.737 §1] 166.527 Petition for ex parte order; issuance and service of order; request for hearing.

Effective: 2018-01-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1030 — dvro

Citation: Or. Rev. Stat. § 166.255(1)

It is unlawful for a person to knowingly possess a firearm or ammunition if: (a) The person is the subject of a court order that: (A) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; (B) Restrains the person from stalking, intimidating, molesting or menacing an intimate partner, a child of an intimate partner or a...

Effective: 2016-01-01 Superseded: 2019-01-01