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ORDERS OF PROTECTION Guns and Forms. Order of Protection. June 22, 2005 Annual Judicial Conference. Judge Elizabeth R. Finn Presiding Judge Glendale City Court. State Firearms Statute. Defendant can be prohibited from possessing or purchasing firearms . State Firearms Statute.

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ORDERS OF PROTECTIONGuns and Forms

Order

of

Protection

June 22, 2005

Annual Judicial Conference

Judge Elizabeth R. Finn

Presiding Judge

Glendale City Court


State firearms statute
State Firearms Statute

Defendant can be prohibited from possessing or purchasing firearms


State Firearms Statute

  • Court finds credible threat to physical safety

  • Defendant shall not possess firearms or

    (checkbox) ammunition

  • Defendant shall transfer firearms immediately but no less than 24 hours after service


Lautenberg amendment 18 u s c 925 a 1
Lautenberg Amendment18 U.S.C. 925 (a)(1)

  • No possession of firearm if convicted of misdemeanor crime of domestic violence

  • Effective date September 30, 1996

  • Relationship test: marriage, lived together or child in common

  • No exemptions

    BUT RETROACTIVE

  • A.R.S. 13-907 applies if no serious physical injury or deadly weapon or victim under 15 years of age


STATE STATUTE

BRADY INDICATOR

6. The Court finds that the Defendant represents a credible

threat to the physical safety of the Plaintiff and/or may inflict bodily injury or death on the Plaintiff.

10.

6. The Court finds that the Defendant represents a credible

threat to the physical safety of the Plaintiff and/or may inflict bodily injury or death on the Plaintiff.

10. The Defendant received actual notice of this hearing and

had an opportunity to participate and the plaintiff and defendant have the relationship of intimate partner.


BRADY-FIREARMS Subtitle D 110401

  • 18 U.S.C. 921(a),922(d) & 926(a)

  • Must be intimate partner (child, spouse or former or living together now or in past)

  • No finding of credible threat necessary – do not have to check #6

  • Lasts for the length of the order

  • Issued after hearing in which person received actual notice

  • Exemptions


Contrasts
Contrasts

  • State statute

    • Protective orders only

    • No hearing required

    • No relationship required

    • Lasts length of order

    • No exemptions

  • Brady

    • Only AFTER a hearing

    • Must meet relationship test

    • Lasts length of Order

    • Exemptions

  • Lautenberg

    • Criminal convictions

    • Relationship test

    • Lifetime prohibition

    • No exemptions


Assume relationship met
Assume Relationship Met

  • Judge holds hearing – no changes – what paperwork needs to be generated?

  • Notice to Sheriff of Brady Disqualification


BRADY FORM

IF NO CHANGES

AFTER HEARING

Court Case No.

Court No., NCIC

Court No., DPS

___________________

Plaintiff

___________________

Date of Birth

-vs-

___________________

Defendant

_____________________________

NOTICE TO SHERIFF

OF

BRADY

DISQUALIFICATION

No change at hearing




New Form

AZ Prohibits Release of SSN


New Form

AZ Prohibits Release of SSN


New Form

AZ Prohibits Release of SSN



AZ Prohibits

Release of SSN


Verify Validity

AZ Prohibits

Release of SSN


Current FormMandatory Orders




New Form

AZ Prohibits

Release of SSN


Changes

  • Member of household

  • Combined line for school and other

  • Deleted setting for hearing

  • Merged counseling line into other

  • Brady not mentioned

    • Use Notice to Sheriff form


Changed Logic

  • Instead of saying: No contact in person, in writing etc., now will state

  • No contact except as checked. So if no checks, then no contact at all

  • Will save time for judges

  • Will save data entry for clerks

  • Will be more enforceable by law enforcement providing more victim safety



More to Come

  • Workgroup still working on other forms

  • AOC will need time to program CPOR

  • AOC will need time to program AZTEC to produce the form and update CPOR

  • Contact:

  • [email protected]

  • [email protected]


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