Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 6:05

If an emergency or ex parte order has not previously issued, the judge must consider whether ordering the defendant to surrender a firearms identification card and/or a license to carry a firearm, guns, ammunition, and stun guns 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.

Each time an order issued under c. 209A is extended or modified the judge must determine if returning the defendant's firearms license or firearm identification card would present a likelihood of abuse to the plaintiff. If the judge makes such a determination, the court shall continue the firearm surrender order and must check the appropriate box on the Order. This determination must be made irrespective of whether the plaintiff requests it and the box indicating that the required finding has been made must be checked. Enforcement of this provision in another state may be dependent upon whether the order contains such a finding.

The items required to be surrendered are licenses to carry firearms, firearm identification cards, firearms, rifles, shotguns, machine guns, and ammunition that the defendant controls, owns, or possesses.G.L. c. 209A, § 3C. Stun guns are also required to be surrendered as the definition of firearm includes stun guns.G.L. c. 140, § 121.

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 MassCourts docket entry by the clerk.

Returning firearms while an abuse prevention order is in effect may place the defendant in violation of state and federal law. Subject to certain exceptions, possession of a firearm and/or ammunition while subject to a qualifying abuse prevention order is a federal crime.See18 U.S.C. § 922 (g)(8). Moreover, no firearms identification card may be issued to any person who is subject to a permanent or temporary protection order issued pursuant to c. 209A.SeeG.L. c. 140, § 129B(1)(viii)(b). Similarly, no license to carry firearms may be issued to any person who is subject to a permanent or temporary protection order issued pursuant to c. 209A.G.L. c. 140, § 131(d)(vi)(B). See Commentary to Guideline 4:04 Ex Parte Orders to Surrender Guns, Ammunition, and Firearms Licenses (FID; LTC). In the event the court decides to discontinue the firearms surrender order, the judge must memorialize this order in writing so that the information can be provided to DCJIS.

In instances where the court does not have 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.