Fill and Sign the Motion for Return of Weapons Form

STATE OF NORTH CAROLINA File No. VERSUS Name And Address Of Defendant Name Of Plaintiff The domestic violence protective order that required the surrender of the property listed above expired on the date listed below and has not been renewed. There is is not a pending motion to renew. As indicated by the affidavit on Pages 2 and 3, I am not precluded by any state or federal law from owning or possessing a firearm and I have no pending criminal charges in state or federal court alleged to have been committed against the person who is protected by the domestic violence protective order. I request the court to order the sheriff to return the items I surrendered. Date Protective Order Expired Pursuant to the domestic violence protective order entered in this case, the defendant surrendered to the Sheriff of below. I, and not the defendant, am the owner of the surrendered property described below. I request the Court to return this property to me. I am not precluded by any state or federal law from owning or possessing a firearm as indicated by the affidavit on Pages 2 and 3. This motion is filed not later than 30 days after the surrender of the items. Signature Of Defendant Date MOTION BY THIRD-PARTY OWNER FOR RETURN County the firearms, ammunition, and gun permits on the date listed (Describe firearms, ammunition, gun permits that belong to person filing motion) Date Weapons Surrendered Date Signature Of Third-Party Owner Name And Address Of Third-Party Owner (Type Or Print) AOC-CV-319, Page 1 of 4, Rev. 2/06 © 2006 Administrative Office of the Courts MOTION BY DEFENDANT FOR RETURN (See Reverse) In The General Court Of Justice District Court Division County firearms. As required by the Court in the domestic violence protective order in this case, I surrendered the following property to the Sheriff of ammunition. permit to purchase firearms. permit to carry a concealed weapon. County: (check all that apply) MOTION FOR RETURN OF WEAPONS SURRENDERED UNDER DOMESTIC VIOLENCE PROTECTIVE ORDER AND NOTICE OF HEARING G.S. 50B-3.1(f), (g) Name alleged victim and relationship to you Current Residence Other States Of Residence Name (Last, First, Middle) AOC-CV-319, Page 2 of 4, Rev. 2/06 © 2006 Administrative Office of the Courts WARNING: This affidavit must be filled out completely and truthfully. False statements may result in criminal prosecution. AFFIDAVIT Are you under indictment for a crime at this time? 6. Yes No Where and for what reason? Were you ever a member of the military? 8. If yes, what kind of discharge did you receive? Are you currently using or are you addicted to any controlled substance, including marijuana, cocaine, methamphetamine or heroin? 9. Previous Residence Are You A U.S. Citizen? Home Telephone Social Security Number Employer Employer Address (Street, City, State, Zip Code) Height Race Distinguishing Scars, Piercings, Tattoos, Etc. (describe): Weight Hair Color Eye Color Maiden Name, Nickname, Alias Street Apartment No. City, State, Zip Code Apartment No. City, State, Zip Code Street Yes No If No, List Country Of Citizenship State Have you ever been convicted of a felony in either a state or federal court? Yes No 3. What was the crime? When and where were you convicted? Have you ever been convicted of a misdemeanor crime of violence (including domestic violence) in either a state or federal court? Who was the victim of the crime? 2. Yes No What was the crime? When and where were you convicted? 4. Have you ever been convicted of driving while impaired in either a state or federal court? When and where were you convicted? Yes No 5. Are there any outstanding warrants for your arrest? Yes No Where and for what reason? 1. What type of charge and where is it pending? Do you have any criminal charges in state or federal court, including traffic offenses, pending against you? Yes No Are you currently subject to a domestic violence protective order or any other order that restrains you from harassing, stalking, threatening or engaging in any conduct that would place anyone in reasonable fear of bodily injury? 7. Yes No IMPORTANT: You must attach a copy of the protective/restraining order to this affidavit. Sex Date Of Birth Drivers License/ID No. Work Telephone Occupation Place Of Birth Yes No Yes No What court issued the order? File No. AOC-CV-319, Page 3 of 4, Rev. 2/06 © 2006 Administrative Office of the Courts On the same date a copy was served on the defendant at the address listed on this motion by the same method. the third-party claiming the weapons surrendered is the owner of the items listed in the motion and is entitled to have the items returned to him/her. to return the weapons surrendered to the defendant. Pursuant to a motion made by judge at the date, time and location indicated below to determine whether CERTIFICATION Assistant CSC Signature Of Clerk Deputy CSC Clerk Of Superior Court Date Of Certification Date Of Mailing Address Of Plaintiff (Type Or Print) I certify that on the date of mailing shown below a copy of this Motion And Notice Of Hearing was served on the plaintiff at the address listed below by depositing a copy in a postpaid properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. Time Of Hearing AM PM Assistant CSC Deputy CSC Clerk Of Superior Court Signature Of Clerk Date Location Of Hearing NOTE TO CLERK: You must give a copy of this notice of hearing to the defendant or third-party when the motion is filed and you must mail a copy by first class mail to the plaintiff and give a copy to the sheriff. If the motion is filed by a third person, you must also mail notice of the hearing to the defendant. Date Of Hearing the defendant a third-party a hearing will be held before a district court The plaintiff has a right to appear and be heard at this hearing. NOTICE OF HEARING When and where? Have you ever been a patient in any mental institution or hospital? 10. Name Of Defendant When and where? Have you ever been adjudicated incompetent by a court? VERIFICATION I, the undersigned being duly sworn, verify that the information submitted above is true, correct and complete to the best of my knowledge and belief. Yes No Yes No SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Signature Of Person Authorized To Administer Oaths (See reverse for Federal firearm restrictions) Signature Of Applicant Date Date Notary Deputy CSC Assistant CSC Clerk Of Superior Court SEAL Date My Commission Expires Name Of Person Authorized To Administer Oaths Name Of Applicant Type Or Print) 11. County Where Notarized FEDERAL FIREARM RESTRICTIONS AOC-CV-319, Page 4 of 4, Rev. 2/06 © 2006 Administrative Office of the Courts 18 U.S.C. § 922 provides: (g) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; who is a fugitive from justice; who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); who has been adjudicated as a mental defective or who has been committed to a mental institution; who, being an alien -- (A) (B) (6) (7) (8) is illegally or unlawfully in the United States; or except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))) [means those aliens not admitted for permanent residence; does not prohibit aliens who possess "green card" from possessing guns or ammunition]; who has been discharged from the Armed Forces under dishonorable conditions; who, having been a citizen of the United States, has renounced his citizenship; who is subject to a court order that-- (A) (B) (C) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; restrains such person from harassing, stalking, or threatening an intimate partner of such person or (i) (ii) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence (1) (2) (3) (4) (5) It shall be unlawful for any person -- It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (n) 18 U.S.C. § 922 (k), (o) and (v) and 26 U.S.C. § 5861 make it unlawful to possess a machine gun, fully automatic firearm, semiautomatic assault weapon, sawed off shotgun, or firearm with altered or obliterated serial number except under certain specified circumstances. to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.