How to File a Petition

 

While firearm removals do not involve criminal charges, the criminal division of Superior Court handles those requests. This procedure is modeled after domestic violence restraining orders, which include firearm removal.  

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A firearm removal request begins with an ERPO petition. The petition needs to state why the person is a threat to others or at risk for self-harm. It includes questions related to 15 risk factors. The petition needs to tell the court what guns are owned and where they are located. The person filing becomes the “petitioner” and the alleged threat is the “respondent.” 

File the petition in the county where the respondent lives. If you file outside of the county where the respondent resides, it will be sent to the correct court. Submit the petition to:

• The criminal division of Superior Court  Mon-Fri, 8:30 am – 5:30 pm. (Court Divisions)

• Any state, county, or municipal law enforcement agency at any time.

 

 

Under the ERPO Act, law enforcement agents can provide information to complete the petition. Actions they can take include:

• Providing information on what risk factors the court considers.

• Joining the petition.

• Referring the petition to additional law enforcement agencies.

• Filing their own petition.