Fill and Sign the Surrender of Weapons Washington State Courts Form

STATE OF NORTH CAROLINA 1. A c opy of t he Moti on and Notice Of H earing was serv ed on the plaintiff and the plaintiff was was not pres ent. 2 . T he defendan t third- party ow ner fil ed a moti on to return w eapons surrendered pu rsuan t to a domestic viol ence p rotective or der en ter ed on (date) 3 . T he do mestic viol ence protective or der unde r which t he de fendan t surrendered weapon s expir ed on (date) and ha s no t been rene wed . 4. A moti on to r enew is is not pend ing . 5 . T he de fendan t is not curr ently s ubject to any do mestic viol ence protective or der. 6 . a. T he de fendan t is dis qualified from owni ng or possessi ng a fir earm pursuan t to 18 U.S.C. § 922 or any state law in t hat (state facts indicating why disqua lified under federal or state law, e.g., convicted of a misdemeanor domestic violence crime or possession of a w eapon of mass destruction, etc.) b . There was no evi den ce pres ented tha t the de fendan t is dis qualified from owni ng or possessi ng a fir earm pursuan t to 1 8 U.S.C. § 922 or any state law. 7 . a. T he de fendan t ha s pend ing crimi nal cha rge s in state or f ederal c ourt all eged to have been committ ed aga inst t he pe rson p rotected by t he curr ent protective or der in t hat (state charges and person who is a lleged victim) b . There was no evi den ce pres ented tha t the de fendan t ha s pend ing crimi nal cha rge s in state or f ederal c ourt committ ed aga inst the pe rson protect ed by t he curr ent protective or der. 8 . T he third- party fili ng the moti on is t he ow ner of t he weapon s de scri bed be low (describe surrendered weapons owned by third-party c laimant) 9 . a. T he third- party claim ant is dis qualified from owni ng or possessi ng a fir earm pursuan t to 18 U.S.C. § 922 or any state law in t hat (state facts indicating why disqua lified under federal or state law, e.g., convicted of a misdemeanor domestic violence crime or possess ion of a weapon of mass destruction, etc.) b . There was no evi den ce pres ented tha t the third- party claim ant is dis qualified from owni ng or possessi ng a fir earm pursuan t t o 18 U.S.C. § 922 or any state law. 10 . T he weapon is a firearm, and it does not have a legible, unique identification number. 11 . T he weapon is a firearm, and it is unsafe for use because of wear, damage, age or modification. The Cou rt fi nds (Over) AOC- CV-320 , Rev . 2/14 © 2014 Adminis trative Office o f the Cou rts Coun ty VE RSUS O RD ER UPON M OTION TO RET URN WEAPONS S URR END ERED UNDER DOMES TIC V IOL ENC E PR OTECTIVE ORD ER G.S. 50B-3.1 (f), (g) In T he Gene ral Cou rt Of Justice Di str ic t Cou rt Di vis ion Name Of Plaintiff (Person F iling Complaint) Name Of Defendant A hea ring was held be fore t he district c ourt j udge na med be low pursuan t to a moti on to return w eapons surrendered pu rsuan t to a do mestic viol ence protective or der. . FINDINGS File No. It is ORDERED that: 1 . T he she riff return to t he de fendan t the fir earms, amm unition, and gun pe rmits surr endered unde r the do mestic viol ence protective o rde r iss ued in this case upon pa ym ent of all f ees ow ed for stor age of t he fir earms and amm unition . 2 . T he she riff return to t he third- party ow ner the fir earms, amm unition, and gun pe rmits list ed in Fi nding 8 of this Or der upon the pa yment of all f ees ow ed for stor age of t he fir earms and amm unition . 3 . T he moti on is den ied . 4 . ( NOTE: The Court cannot order that a firearm be destroyed unless the Court finds either Finding 10 or Finding 11 in this Order. ) ( Check only when motion is by third-party and the court finds property is owned by third-party but return is prohibited because third-party is prohibited by federal or state law from owning or possessing a firearm.) The she riff is or dered to dis pose of t he weapon s listed in Fi nding 8 of t his Or der by a . de stroying all of t he items t he items list ed be low a nd is o r de red to mainta in a record of destructi on. ( List specific items to be destroyed only if a ll of the items listed in Finding 8 are not to be destroyed.) b . keep ing the fir earms list ed be low for its official use and maintaini ng a record of receipt. c. t urning the fir earms list ed over t o (name of local law enforcement agency) t he State Bur eau of Investi gation . t he North Caroli na Justice Ac ademy. T he agen cy receivi ng the fir earms must maintain a record of receipt. ( Describe firearms to be turned over to law enforcement agency) Signature Of Judge Name Of Judge (Type Or Print) Date AOC- CV-320 , Side Two , Rev . 2/14 © 2014 Adminis trative Office o f the Cou rts 1 . T he de fendan t is is not entitled to t he return of all fir earms, amm unition, and gun pe rmits surr endered to t he she riff pu rsuan t to t he do mestic viol ence protective or der en ter ed in this case. 2 . T he return of fir earms is denied solely becau se t he de fendan t ha s pend ing crimi nal cha rge s all eged to have been committ ed aga inst t he pe rson who is protect ed by t he do mestic viol ence protective or der. 3 . T he third- party ow ner is entitled to t he return of all fir earms, amm unition, and gun pe rmits list ed in Fi nding 8 of this Or der. 4 . T he third- party claim ant is not en titled to t he return of fir earms, amm unition, and gun pe rmits surr endered by t he de f endan t. 5 . Ot her: Bas ed on the se facts, t he Cou rt makes t he followi ng con clusi ons of law: 12 . Ot her: CONCLUSIONS ORDER