In a recent post, I wrote about requiring surrender of firearms in a DVPO. The court of appeals issued on opinion on Tuesday this week discussing when the court can order return of those firearms. In Underwood v. Hudson, the court reversed a trial court order denying return of weapons after the appellate court concluded defendant was not subject to the lifetime ban on possession which arises when a person is convicted of a “misdemeanor crime of domestic violence.”
Both federal and state law prohibits the possession of firearms by anyone subject to a qualifying domestic violence protective order. However, the fact that possession of firearm is a crime does not give the trial court authority to order a defendant in a 50B proceeding to surrender all weapons.