Guideline 6:05
If an emergency or ex parte order has not previously issued, the judge must consider whether ordering the defendant to surrender firearms, ammunition, and/or a firearms identification card or a license to carry is necessary to protect the plaintiff from abuse. If an emergency or ex parte order previously issued, which requires surrender of firearms, the judge must, in any hearing after notice, consider whether returning the items surrendered would present “a likelihood of abuse to the plaintiff.” G.L. c. 209A, § 3C. If the court makes such a finding, the firearm surrender order must continue.
Commentary
At a hearing after notice, the judge shall continue a firearm surrender order issued at the ex parte stage under § 3B “if the court makes a determination that the return of such license to carry or firearm identification card or firearms and ammunition to the defendant presents a likelihood of abuse to the plaintiff.” G.L. c. 209A, § 3C. If the judge continues the firearm surrender order, 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 the subject of a restraining order that includes a finding that they pose a “credible threat to the physical safety” of a protected person). While abusive behaviors may clearly present such a danger, when a complaint is based solely on coercive control that causes a reduced sense of autonomy, the issuing judge should consider whether such behavior meets a similar threshold. 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 items required to be surrendered are licenses to carry, firearm identification cards, firearms, and ammunition that the defendant controls, owns, or possesses. G.L. c. 209A, § 3C. As defined in G.L. c. 140, § 121, firearm includes in its definition a “stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun… .”
Whenever an abuse prevention order includes a firearm surrender order, the law requires that the court “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].” G.L. c. 209A, § 3D. This is accomplished by a data entry by court staff.
Returning firearms while an abuse prevention order is in effect may place the defendant in violation of state and federal law. Neither a license to carry nor a firearm identification card may be issued to or renewed for a person subject to a temporary or permanent abuse prevention order. See G.L. c. 140, § 121F (j)(iii)(D).
In the event the court decides to discontinue the firearm surrender order, the judge must memorialize this order in writing so that the information can be provided to DCJIS. See G.L. c. 209A, § 3D. This notification is made through the data entry by court staff.
In instances where the court has determined it has no personal jurisdiction over the defendant, see Guideline 5:01B Personal Jurisdiction: Objection, the court can only issue prohibitory orders, which would include prohibiting the defendant from possessing firearms and ammunition in Massachusetts. Caplan v. Donovan, 450 Mass. 463, 463-64 (2008), cert. denied, Donovan v. Caplan, 553 U.S. 1018 (2008). Such an order can be memorialized on the Order.
Contact
Phone
Address
| Last updated: | October 20, 2025 |
|---|