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How will a judge make a decision about whether or not to grant the order?
The judge can issue an extreme risk protection order if the judge finds that there is a “significant danger” that the respondent will harm him/herself or others by owning, buying, or receiving a firearm or ammunition or by having a firearm or ammunition in his/her custody or control.1 When deciding if there is “significant danger,” the judge will consider factors such as the respondent’s:
- illegal, reckless, or negligent use, display, storage, possession, or waving of a firearm;
- act or threat of violence against him/herself or another person regardless of whether the violence involves a firearm;
- violation of an order for protection due to domestic abuse, an injunction against harassment, or a similar type of order issued in another state;
- abuse of drugs (controlled substances) or alcohol or involvement in any crime that involves drugs or alcohol; and
- recent purchase of or control over firearms, ammunition, or other deadly weapons.1
The judge will also consider how long ago the respondent committed any of the above behaviors.1
1 HI ST §§ 134–64(d); 65(b)
