(Nota Bene: "Petitioner" is the party seeking the order, "Respondent" is the party against whom the Order is sought.)
- No anonymous reporting. You will be able to face your accuser in open court, just like in any other criminal matter (if you stand to lose property and/or rights, it's a criminal matter.) Failure of the Petitioner to show up in court constitutes immediate dismissal of the Order with prejudice. Failure of Respondent to appear in Court shall result in the granting of the Order for a period of six months.
- Summons for such hearings are to be delivered personally by police or deputy Sheriffs by hand to Petitioner and respondent. A signed receipt is to be obtained. This is to stave off complaints of "I never got notice!" "Substitute Service" is disallowed - service may only be upon named parties.
- The "default" position on this shall be "No ORder Granted/Continued." A position to maintain the order must be articulated in order to grant or continue the order. Failure to do so results in dissolution of the order.
- Storage of any property seized under such an order shall be under proper conditions as to prevent deterioration and the owners shall not be charged storage fees. Failure to return property in the condition as it was when it was seized shall require the immediate replacement of such property or restitution of the value of collector items which may not be replaced. "Sentimental value" for heirloom firearms shall be considered when calculating restitution.
- No property is to be seizeduntil an order is granted.
- No order is to be granted until a hearing is held.
- The judge shall be accompanied on the bench by a clinical psychologist (doctoral-level) or psychiatrist, whose opinion shall be consulted, heard, and considered toward issuance or dismissal of such Orders.
- A credible fear must be articulated and assessed against Petitioner by Respondent in order for an Order to be put in place.
- Any "frivolous" accusations in an attempt to obtain Orders are to be penalized by the payment of all court costs by the Petitioner, a fine from the Petitioner to the Court, and a fine from the Petitioner to the respondent. Such fines are not to be lower than one thousand dollars ($1,000) each, and not to exceed ten thousand dollars ($10,000) each. In the event of a conflict in payment, the Respondent shall be paid his fine first, then the Court costs, then the Court's fine.
- If an Order is granted, part and parcel of that order shall be an immediate psychological evaluation to determine if Respondent presents an immediate or imminent danger to himself or others. This may or may not require a 96-hour hold, at the Court's discretion. Nota Bene: Respondent's workplace may not discriminate or retaliate against Respondent as a result of a 96-hour hold, if such is deemed to be necessary. such evaluation may also be conducted on an outpatient basis, and may be scheduled around the Respondent's work schedule in such cases. If the Respondent is found to present no risk to himself or others, the Order is to be lifted and considered frivolous, and handled as in the previous point.
- Any Order granted under such measure shall be in force for not more than 365 days, at which time it is either renewed or dismissed. The original Petitioner must return to court, with respondent, and articulate a continuing credible fear in order to continue the order. Failure of Petitioner to appear in court will see the Order dismissed with prejudice in absentia. Failure of Respondent to appear in court shall constitute automatic renewal of Order in absentia.
- Orders granted under this measure shall be in force for not less than 90 days.
- When any such order previously granted is lifted, any property previously seized has not more than one week to be returned in the condition as seized.
- Any property seized shall be photographed for record, with a copy of the photographs saved with the case file, a copy of the photographs saved with the property seized, and a copy of the photographs given to Respondent for his records. Such photographs are to be consulted when property is returned to assess its condition. Such photographs shall include "boresight" imagery of the barrel bore and chamber, and images of the open fire control mechanism (where such may be readily accessed.) All photographs shall be stored for record on fixed digital media - CD-roM for maximum compatibility. Multiple discs may be used, if required. Images to be stored in uncompressed format as individual files. Original data card to be set as "read-only" physically and in software and retained in the file along with the digital media copy. Files may be renamed (on original card, prior to making optical media) to reflect the firearm they pertain to - listing by serial number should be sufficient.
- Upon return of property, Respondent is allowed one day per five firearms (or fraction thereof) returned to make a claim for damages in storage. This is to allow time for detailed inspection of returned property.
- Any ammunition seized is to be returned (in serviceable condition) or replaced anew.
- Any ammunition seized is to be returned (in serviceable condition) or replaced anew.
- Any NFA items shall have particular care taken. Any pre-1986 NFA firearm that has a post-1986 replacement, if damaged beyond utility, is to have a new replacement issued and a new entry for it entered into the NFRTR.
That's what I can think of at the moment. Discuss.
That's what I can think of at the moment. Discuss.
JDK
- CCW is to be suspended while such Orders are in effect. Upon expiration or termination of such Orders, CCW shall be reinstated with balance of original term allowed. CCW may be renewed as per normal.
