(a) It shall be unlawful for any person to possess or receive any firearm or ammunition when that person is subject to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(2) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;
and
(3) Either:
a. includes a finding that such person represents a credible threat to the physical safely of such intimate partner or child; or
b. by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall he unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to possess or receive any firearm or ammunition.
(1) A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence, unless:
a. The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
b. In the event the person was entitled to a jury trial, the case was either tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(c) Subsection (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant federal law is either not precluded from dealing in firearms or ammunition, or has been granted relief from disabilities therein.
(d) Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had his civil rights restored shall not be considered a conviction for purposes of this ordinance, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
(a) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(2) Either:
a. Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
b. By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall be unlawful for, any person to sell or otherwise dispose of any firearm or ammunition to any person who has been convicted in any court of a misdemeanor crime of domestic violence.
(c) Subsections (a) and (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to federal law is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities therein.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).