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Motion to Transfer Firearms

If a risk protection order (RPO) is filed against you in Tampa, FL, then the police will seize your firearms. Instead of leaving the firearms in their custody while the case is pending, your attorney can help you get the released to a third party with your permission for safekeeping or to sell.

The final RPO provides that pursuant to Florida Statute 790.401(9), Respondent may elect to transfer all firearms and ammunition to another person who is willing to receive the Respondent’s firearms and ammunition, if it is determined by the Court that the recipient:

  • Currently is eligible to own or possess a firearm under federal and state law after confirmation through a background check;
  • Attests to storing the firearms and ammunition in a manner such that the Respondent does not have access to or control of the firearms and ammunition until the Risk Protection Order against the Respondent is vacated or ends without extension; and
  • Attests to not transfer the firearms or ammunition back to the Respondent until the Risk Protection Order against the Respondent is vacated or ends without extension.

In order to comply with those requirements, we have attached a sample motion that can be used in most jurisdictions to transfer the firearms or ammunition to a third party. Each court and law enforcement agency might have additional requirements.


Sample Motion to Transfer Firearms and Ammunition

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

______________,                                          Case No.:
Petitioner,
(Law Enforcement Officer/Agency)                Division:

v.
______________,
Respondent.

RESPONDENT’S MOTION TO TRANSFER FIREARMS AND AMMUNITION

COMES NOW, the Respondent, pursuant to 790.401(9), Florida Statutes, and hereby requests the Court to grant the transfer all firearms and ammunition that have been surrendered to or seized by the Hillsborough County Sheriff’s Office (reference HCSO General Offense Report
# __________), pursuant to a Final Risk Protection Order entered on (date) to (hereinafter “Recipient”), who is willing to receive Respondent’s ____________ [print name] __________ firearms and ammunition listed below.

As a requirement prior to transfer,  ______________, Recipient, attest to the following:

______I am currently eligible to own or possess a firearm and ammunition under federal and initial state law and there is nothing current or pending that would prohibit me from such:

 I am currently at least 21 years of age.

 I am a Florida resident.

 I am not a convicted felon (or equivalent).

 I am not a fugitive from justice.

 I am not an unlawful user of, or addicted to, a controlled substance.

 I have not been adjudicated mentally defective or involuntarily committed to a treatment.

 I am not an illegal alien.

 I have not been dishonorably discharged from the United States Armed Forces.

 I have not renounced my citizenship.

 I do not have an active protection order (restraining order, injunction for protection, etc.).

 I have not been convicted of a misdemeanor crime of domestic violence.

 I am not under indictment or information for a felony.

 I have not been adjudicated delinquent of a crime that would have been a felony if committed by an adult until the age of 24 or until the record is expunged.

 I have not received an “adjudication withheld” on any felony or on a misdemeanor crime of domestic violence in which three years has not lapsed since the completion of sentencing provisions.

 I have not been recently arrested for a potentially disqualifying crime which has not been dismissed or disposed of in court.

The transferred firearms and ammunition listed below will be securely held in my custody in initial such a manner that _________________________________________ (“Respondent”) will not have access to or control over the items until such time as the risk protection order is vacated or ends without extension.

I will not transfer the firearms or ammunition back to the respondent until such time as the initial risk protection order is vacated or ends without extension.

I understand that it is a CRIMINAL offense for a person to purchase, receive, possess, or initial control any firearm or ammunition with knowledge that he or she is prohibited from doing so.

Item Quantity .             Description                                                  Firearm Serial Number

(Ammunition)               (Firearm, Ammunition, License)            CCW License Number

1.

2.

3.

4.

5.

6.

____I do swear that if the listed items are transferred to my custody under FS 790.401 and I am responsible for the safekeeping and storage of such items.

___________________________________
Printed Name of Recipient

__________________________________
Signature of Recipient

SWORN TO AND SUBSCRIBED BEFORE ME
THIS _____ DAY OF ______________, 20 _____
_________________________________________
NOTARY

Respectfully submitted this ____day of ________ , 2020


This article was last updated on Tuesday, September 1, 2020.

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