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9.41.335  <<  9.41.800 >>   9.41.802

RCW 9.41.800

Surrender of weapons or licenses — Prohibition on future possession or licensing.

(1) Any court when entering an order authorized under chapter 7.92 RCW, RCW 7.90.090, 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

     (a) Require the party to surrender any firearm or other dangerous weapon;

     (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

     (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

     (d) Prohibit the party from obtaining or possessing a concealed pistol license.

     (2) Any court when entering an order authorized under chapter 7.92 RCW, RCW 7.90.090, 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

     (a) Require the party to surrender any firearm or other dangerous weapon;

     (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

     (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

     (d) Prohibit the party from obtaining or possessing a concealed pistol license.

     (3) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:

     (a) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

     (b) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

     (c)(i) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and

     (ii) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury, the court shall:

     (A) Require the party to surrender any firearm or other dangerous weapon;

     (B) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

     (C) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; and

     (D) Prohibit the party from obtaining or possessing a concealed pistol license.

     (4) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

     (5) In addition to the provisions of subsections (1), (2), and (4) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

     (6) The requirements of subsections (1), (2), and (5) of this section may be for a period of time less than the duration of the order.

     (7) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.

[2014 c 111 § 2; 2013 c 84 § 25; 2002 c 302 § 704; 1996 c 295 § 14; 1994 sp.s. c 7 § 430.]

Notes:

     Application -- Construction -- Short title -- Severability -- 2002 c 302: See RCW 26.26.903, 26.26.911, and 26.26.912.

     Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

     Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.