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GunsandForms.ppt
 

GunsandForms.ppt

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    GunsandForms.ppt GunsandForms.ppt Presentation Transcript

    • ORDERS OF PROTECTION Guns and Forms Judge Elizabeth R. Finn Presiding Judge Glendale City Court Order of Protection June 22, 2005 Annual Judicial Conference
    • State Firearms Statute Defendant can be prohibited from possessing or purchasing firearms
      • 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
      State Firearms Statute
    • Lautenberg Amendment 18 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
    •  
    • 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. STATE STATUTE BRADY INDICATOR
      • 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
      BRADY-FIREARMS Subtitle D 110401
      • 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
      Contrasts
      • Judge holds hearing – no changes – what paperwork needs to be generated?
      • Notice to Sheriff of Brady Disqualification
      Assume Relationship Met
    • _____________________________ ___________________ Plaintiff ___________________ Date of Birth -vs- ___________________ Defendant Court Case No. Court No., NCIC Court No., DPS BRADY FORM IF NO CHANGES AFTER HEARING NOTICE TO SHERIFF OF BRADY DISQUALIFICATION No change at hearing
    • Changes in New Forms
    • Current Form
    • AZ Prohibits Release of SSN New Form
    • AZ Prohibits Release of SSN New Form
    • AZ Prohibits Release of SSN New Form
    • Current Warnings
    • AZ Prohibits Release of SSN
    • AZ Prohibits Release of SSN Verify Validity
    • Current Form Mandatory Orders
    • New Form Mandatory Orders
    • Current Form
    • AZ Prohibits Release of SSN New Form
      • 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
      Changes
      • 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
      Changed Logic
    • New No Contact Phrase
      • 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_address]
      • [email_address]
      More to Come