Massaschusetts
Mass. Gen. Laws, ch. 140 § 131R to §131X

Who May Petition

LEA, spouse or former spouse, resident or former resident of same household, related to respondent by blood or marriage, has or is having a child in common, has or had a substantive dating relationship, or is or has been engaged to respondent

Burden of proof for Emergency Order or Ex Parte Order


Reasonable cause to conclude that the respondent poses a risk of causing bodily injury to the respondent's self or others by being in possession of a license to carry firearms or a firearm identification card or having in the respondent's control, ownership or possession a firearm, rifle, shotgun, machine gun, weapon or ammunition.

Notice and Opportunity

Hearing set within 10 days of receipt of peteition

Service

Personal service by LEO, unless court permits substitute service 

What is Prohibited?

Possession of a license to carry firearms or firearm identification card or control, ownership or possession of a firearm, rifle, shotgun, machine gun, weapon or ammunition.

Relinquish Firearms

Respondent is ordered to  surrender any license to to carry firearam, firearm identification card, and  all firearms, rifles, shotguns, machine guns, weapons or ammunition.

Seizure by LEA

LEO must get search warrant for firearms not surrendered

Burden of Proof at Hearing

Preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or others by having in the respondent's control, ownership or possession a firearm, rifle, shotgun, machine gun, weapon or ammunition.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Entry into NICS and state database system by designated LEA

Duration of Order after Hearing

1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Up to 2 1/2 years and or up to $5,000.

Contempt Penalty

 

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