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Estatutos Estatales Seleccionados: Guam

Estatutos Seleccionados: Guam

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10 de diciembre de 2020

MR 2.1.8. Firearms

A. Surrender of Firearms and/or Ammunition.

(1) The Court shall require a Respondent subject to an Order of Protection to immediately surrender all firearms and/or ammunition to the Marshal of the Court, or other law enforcement officers.

(2) The Court may issue to the Marshal such search warrants as are necessary to effect the federal statute, the Gun Control Act of 1996, 18 U.S.C. § 922(g)(9). The Court may find probable cause determination based on the allegations contained in the Petition and Affidavit of the Petitioner, or evidence presented at hearing.

(3) Any firearms and/or ammunition seized by the Marshals shall comply with Standard Operating Procedures of the Superior Court of Guam Marshal Division for the seizure, storage and return of all firearms and/or ammunition seized in all protection from abuse cases. Any firearm seized by any other law enforcement officer shall comply with that department’s standard operating procedure for the seizure, storage and return of all firearms and/or ammunition seized.

SOURCE: 18 U.S.C. § 922(g)(8), (9).

B. Federal Firearm Prohibition. An Order for Protection must meet the requirements to satisfy the requirements of a “Qualifying Protection Order” under the federal firearm prohibitions:

(1) the Respondent must have received notice of the hearing,

(2) the Respondent must have had an opportunity to participate in the hearing,

(3) include a finding that the Respondent represents a credible threat to the physical safety of the Petitioner or child; or by its terms, explicitly prohibit the actual, attempted, or threatened use of physical force against the Petitioner or child.

SOURCE: 18 USC § 922(g)(8).

C. Release of Firearms and/or Ammunition.

(1) Any firearm and/or ammunition that has been surrendered pursuant to Rule 14.8(A) shall not be released to a Respondent who is subject to an Order of Protection as set forth in Rule 14.8(B), until the Respondent obtains a court order granting such release.

(2) The Respondent or other registered owner may request, by motion to the assigned judge, for the release of any firearm and/or ammunition surrendered pursuant to Rule 14.8(A). Such motion shall be made after the expiration of the Order for Protection.

(3) At the hearing, the judge shall consider the following:

(a) Has the Order for Protection has been extended or made permanent

(b) Is the Respondent is subject to any court order that precludes the ownership or possession of firearms and/or ammunition;

(c) The ownership and registration status of the firearm and/or ammunition;

(d) Any other factor which, in the sound discretion of the court will justify the release or other disposition of the firearm(s) or ammunition, including but not limited to, the grounds for Respondent’s request for release, possible danger for the victim(s), and employment purposes.

(4) No firearm shall be released by any Judiciary marshal pursuant to this rule unless the Respondent complies with the applicable statutes regarding registration, Chapter 60 of Title 10 of the GCA.

(5) The Judiciary shall not be held liable for alleged damage or deterioration due to the storage, transportation of any firearm that was surrendered to a marshal pursuant to Rule 14.8(A).