The law allows police, the state's attorney, and the assistant state's attorney, under limited circumstances and following specified procedures, to get warrants and seize guns from anyone posing an imminent risk of harming himself or someone else. They must file
a sworn complaint with a Superior Court judge alleging probable cause to believe that the person poses an imminent risk of harming himself or others and has a gun or guns. They may file the complaint only after conducting an independent investigation and determining that probable cause exists and that no reasonable alternative exists to avert the risk of harm.
In determining whether grounds or probable cause for a search warrant exists, the judge must consider if the person recently threatened himself or anyone else with violence or was recently cruel to any animal. In evaluating whether these threats or acts constitute probable cause to believe risk of injury is imminent, he may consider, among other things, if the person (1) recklessly used, displayed, or brandished a gun; (2) has a history of using, attempting, or threatening to use physical force against people; (3) was ever confined involuntarily to a psychiatric hospital; and (4) abused alcohol or illegally used controlled substances. If satisfied that grounds or probable cause exists, the judge must issue the warrant (1) stating the grounds or probable cause; (2) describing the person, place, or thing to be searched; and (3) directing an officer to conduct the search in a reasonable time.
The court in the geographical area where the person named in the warrant lives must hold a hearing within 14 days after its execution to determine if the state should continue to hold the guns or return them. The state must prove all material facts by clear and convincing evidence. If the court finds that the person poses an imminent risk to himself or others, it (1) may order the state to continue to hold the guns for up to one year and (2) must notify the Department of Mental Health and Addiction Services, which may take appropriate action allowed by laws establishing its jurisdiction over people with mental illnesses. Otherwise, the court must order the guns returned.
Anyone whose guns have been seized, or his legal representative, may transfer them, as allowed by law, to any person eligible to possess them.
). If you are sincere (which I doubt), and you are some sort of government agent, you are making your fellow government agents look very very bad by supporting a communist China style kidnapping of a citizen.
