Guideline 4:04
All ex parte orders must include (1) an order for the “immediate suspension and surrender of any license to carry firearms, and/or firearm identification card which the defendant may hold” and (2) an order that the defendant surrender to the police “all firearms, rifles, shotguns, machine guns and ammunition which he then controls, owns or possesses.” G.L. c. 209A, § 3B. As defined in G.L. c. 140, § 121, a firearm includes in its definition, “a stun gun, pistol, revolver, rifle, shotgun, sawed off shotgun, large capacity firearm, assault style firearm, and machine gun.”
This provision must be included in any ex parte order regardless of whether there is any evidence presented that the defendant has a firearm identification card or license to carry or possesses any firearms or ammunition. Upon service of an ex parte order issued under c. 209A, law enforcement officials must immediately take possession of all firearms, ammunition, any license to carry firearms, and any firearm identification card in the control or possession of the defendant. G.L. c. 209A, § 3B.
Commentary
Since all ex parte orders issued under c. 209A must include an order that the defendant surrender any firearms, rifles, shotguns, ammunition, or firearms licenses (FID; LTC), the box ordering surrender must be checked on all ex parte orders. The judge should then determine whether there is a credible threat to the physical safety of the plaintiff, and, if so, indicate that finding on the order. See United States v. Rahimi, 144 S. Ct. 1889, 1901 (2024) (upholding federal law barring an individual from possessing a firearm if they are a subject of a restraining order that includes a finding that they pose a “credible threat to the physical safety” of a protected person). The Rahimi court declined to address whether a finding of a credible threat to physical safety is required to order a firearm surrender. Id. at 1900.
The law further requires that whenever an abuse prevention order includes a firearm surrender order, the court must transmit a report containing the defendant’s name and identifying information and a statement describing the defendant’s alleged conduct and relationship to the plaintiff to the Department of Criminal Justice Information System (DCJIS). See G.L. c. 209A, § 3D. Upon expiration of any such order, the court must notify DCJIS of the expiration, which is then required to notify the US Attorney General of the change. See Id. This notification is accomplished through data entry by court staff.
State law requires revocation of firearms licenses and precludes issuance of firearms licenses to persons subject to c. 209A orders. G.L. c. 140, §§ 129 and 131. This means, as a practical matter, that individuals subject to c. 209A orders are prohibited by state law from possessing firearms. Federal law also prohibits possession of firearms, rifles, shotguns, ammunition, firearm identification cards, and licenses to carry firearms by individuals subject to c. 209A orders except in certain limited situations. Upon the issuance of a c. 209A order, any license to carry firearms must be revoked or suspended by the licensing authority, (G.L. c. 140, § 131 (d)(vi); G.L. c. 140, § 131 (f)), and any firearm identification card must be revoked or suspended by the licensing authority. G.L. c. 140, §§ 129B (1) (viii) and (4).
Federal law also prohibits possession of a firearm, rifle, shotgun, or ammunition by any person who has a misdemeanor conviction for domestic violence. 18 U.S.C. § 922 (g) (9). Qualifying misdemeanors must have as an element the “use or attempted use of physical force, or the threatened use of a deadly weapon” and the named victim of the crime must be the current or former spouse of the defendant, a person with whom the defendant shared a child in common, a person who was cohabitating with or who had cohabitated with the defendant as a spouse, parent or guardian or a person who was similarly situated to a spouse, parent, or guardian of the defendant. See Voisine v. United States, 136 S. Ct. 2272, 2282 (2016).
When the judge learns from the plaintiff in the course of a hearing that the defendant possesses firearms or ammunition, any information regarding the number and type of firearms and the location where they are kept should be memorialized on the order itself and conveyed to the law enforcement officials responsible for serving the order on the defendant. This notation will assist police officers in implementing the requirements of the order safely and effectively.
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| Last updated: | October 20, 2025 |
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