1. Gun Forfeiture in Family Court Orders for Protection
Hon. Patrick Robben
Presiding Judge, 4th District Court, Family Court Division

2. Order for Protection Basics
Minn. Stat. § 518B.01
Available When “Domestic Abuse” Committed Against “Family or Household Member.”
Court “May” Grant Relief If Qualifying Abuse Proven

3. Available OFP Relief (Non-Exhaustive List)
No Contact
Stay Away From Residence or Employment
Temporary child custody
Child support or spousal maintenance

4. OFP Process Ex Parte Petition
Straight no-contact may be granted ex parte for two years
Respondent Can Request a Hearing
Other Relief Requires a Hearing Be Set
Minn. Stat. § 518B.01, subds. 5-7

5. OFP Hearings
Initial Hearing Parties Advised Of Legal Implications Of OFP Respondent May Elect To Agree to OFP W/O Findings If OFP Sought OBO Child, Guardian Ad Litem May Be Appointed If Evidentiary Hearing Requested

6. OFP Evidentiary Hearing
May Occur Same Day As Initial Hearing, Or Later Order Typically Issued At Conclusion of Hearing

7. Gun Forfeiture
Parties Were Traditionally Told That Respondents Subject To An Order After A Hearing Could Not Possess A Firearm (Per VOWA)

8. 518B.01 – 2014 Amendments Minn. Stat. § 518B.01, subd. 6 (g) – (i)
“An order granting relief shall prohibit the abusing party from possessing firearms ... if the order…:

9. Conditions For Gun Forfeiture
(1) restrains the abusing party from harassing, stalking, or threatening the petitioner or restrains the abusing party from engaging in other conduct that would place the petitioner in reasonable fear of bodily injury, and (2) includes a finding that the abusing party represents a credible threat to the physical safety of the petitioner or prohibits the abusing party from using, attempting to use, or threatening to use physical force against the petitioner.

10. All OFPs Issued After A Hearing Lead To Gun Forfeiture
Practical Impact
All OFPs Issued After A Hearing Lead To Gun Forfeiture

11. Forfeiture Requirements
Respondent Must Transfer Firearms S/he Possesses Within Three Business Days To:
Federally licensed firearms dealers
Law enforcement agency
Third party who may lawfully receive them

12. Documenting Transfer
Abusing Party Must File Proof of Transfer Within Two Business Days of Transfer Affidavit and Proofs of Transfer Shall Be Sealed By The Court Third Party Recipient Must Sign A Sworn Affidavit With Details

13. Immediate Possession
If Prep. Of Evidence Indicates Imminent Risk of Substantial Bodily Harm, Court Shall Order Law Enforcement To Take Immediate Possession Of All Firearms in Abuser’s Possession.
Unlike Other Forfeitures, Law Enforcement Must Take Possession
Minn. Stat. § 518B.01, subd. 6(h)

14. Enforcement
Traditional OFP Model: Parties Report Violations

15. New Approaches in OFP Hearings
Increase In Use Of “Review Hearings” Monitor Compliance With Programming, Temporary Parenting Time3 Offer Incentive To Parents Of Increased Parenting Time With Demonstrating Change Holding Parties Accountable

16. Affidavit of No Ownership

18. Affidavit of Transfer

20. Forfeiture Compliance Review Hearings
Use Of Review Hearings for Respondents to Appear if Transfer Forms Missing

21. QUESTIONS?