(a) Upon issuance of an extreme risk protection order under this subchapter, including a temporary extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent in the respondent’s custody, control, or possession except as provided in section 1008, and any license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent.
(b) The law enforcement officer serving an extreme risk protection order under this subchapter, including a temporary extreme risk protection order, shall request that the respondent immediately surrender all firearms and ammunition owned by the respondent in the respondent’s custody, control, or possession and any license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent. The law enforcement officer shall take possession of all firearms and ammunition owned by the respondent, and any licenses to carry concealed weapons or firearms held by the respondent, alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the risk protection order hearing, the respondent shall surrender any firearms and ammunition owned by the respondent and any licenses to carry concealed weapons or firearms issued under Virgin Islands law held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. The law enforcement agency shall store a firearm surrendered by the respondent in accordance with the agency’s procedures for storing firearms in police custody. Notwithstanding any law, a law enforcement officer may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned by the respondent if the officer has probable cause to believe that there are firearms or ammunition owned by the respondent in the respondent’s custody, control, or possession which have not been surrendered.
(c) At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the respondent, or a license to carry a concealed weapon or firearm issued under Virgin Islands law, held by the respondent shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any license surrendered and shall provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt.
(d) Upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender of firearms or ammunition owned by the respondent, as required by an order issued under this subchapter, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition owned by the respondent in the respondent’s custody, control, or possession. If the court finds that probable cause exists, the court must issue a warrant describing the firearms or ammunition owned by the respondent and authorizing a search of the locations where the firearms or ammunition owned by the respondent are reasonably believed to be found and the seizure of any firearms or ammunition owned by the respondent discovered pursuant to such search.
(e) If a person other than the respondent claims title to any firearms or ammunition surrendered pursuant to this subchapter and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her, if:(1) The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and(2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.
(1) The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and
(2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.
(f) Upon the issuance of an extreme risk protection order, the court shall order a new hearing date and require the respondent to appear no later than 3 business days after the issuance of the order. The court shall require proof that the respondent has surrendered any firearms or ammunition owned by the respondent in the respondent’s custody, control, or possession. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order.
(g) All law enforcement agencies must develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this subchapter.