HOUSE DOCKET, NO. 2649        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3081

The Commonwealth of Massachusetts

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PRESENTED BY:

David Paul Linsky

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing extreme risk protective orders.

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PETITION OF:

HOUSE DOCKET, NO. 2649        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3081

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act establishing extreme risk protective orders.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Clause (vii) of paragraph (1) of section 129B of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following words:- or a temporary or 1-year extreme risk protective order issued pursuant to chapter 209E or similar order issued by another jurisdiction;.

SECTION 2. Clause (vi) of paragraph (d) of section 131 of said chapter 140, as so appearing, is hereby amended by adding the following words:- or a temporary or 1-year extreme risk protective order issued pursuant to chapter 209E or similar order issued by another jurisdiction.

SECTION 3. The General Laws are hereby amended by inserting after chapter 209D the following chapter:-

CHAPTER 209E

EXTREME RISK PROTECTIVE ORDERS

Section 1.  As used in this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:-

“Court”, the superior, district, or Boston municipal court departments of the trial court.

“Extreme risk protective order”, an order in writing, issued and signed by the court pursuant to section 6, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition for a period of 1 year.

“Family or household member”, a person who:

(a) is or was married to the respondent;

(b) is or was residing with the respondent in the same household;

(c) is or was related by blood or marriage to the respondent;

(d) has or is having a child in common with the respondent, regardless of whether they have ever married or lived together; or

(e) is or has been in a substantive dating or engagement relationship with the respondent, which shall be adjudged by district or Boston municipal courts consideration of the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.

“Health care provider”, a licensed physician, licensed clinical psychologist, licensed social worker or licensed mental health clinician.

“Petitioner”, a family or household member, health care provider, or law enforcement officer or district attorney with jurisdiction over the respondent’s residence, who files a petition requesting a temporary or 1-year extreme risk protective order.

''Protective order issued by another jurisdiction'', any injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or tribal court that is issued for the purpose of prohibiting a person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition because that person poses a significant danger of causing physical harm to themselves, the petitioner, or anyone else by having in his or her custody or control, owning, purchasing, possessing, or receiving such firearm or ammunition.

“Respondent”, the person identified in the petition filed pursuant to this chapter, against whom an order is sought.

“Temporary extreme risk protective order”, a written order issued pursuant to section 8, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition for a period of 10 days, prior to a hearing for a 1-year extreme risk protective order.

Section 2.  Proceedings under this chapter shall be filed, heard and determined in the superior court department or respective divisions of the district court departments or the Boston municipal court department having jurisdiction over the respondent’s residence.

Section 3. The administrative justices of the superior court, district court and the Boston municipal court departments shall jointly promulgate a form of petition for use under this chapter which shall be in such form and language to permit a person to prepare and file such petition pro se.

Section 4. Upon the filing of a petition pursuant to this chapter, a petitioner shall be informed that the proceedings hereunder are civil in nature and that violations of orders issued hereunder are criminal in nature.  No filing fee shall be charged for the filing of the petitioner.  Neither the petitioner nor the petitioner’s attorney shall be charged for certified copies of any orders entered by the court, or any copies of the file reasonably required for future court action or as a result of the loss or destruction of petitioner’s copies.

Section 5. (a) A family or household member, health care provider, or a law enforcement officer or district attorney with jurisdiction over the respondent’s residence, may seek an extreme risk protective order by filing a verified petition on a form approved pursuant to section 3 in the superior, district, or the Boston municipal court department having jurisdiction over the respondent’s residence.

A healthcare provider may seek an extreme risk protective order or a temporary extreme risk protective order against a patient pursuant to this chapter when: (i) the patient has communicated to the healthcare provider an explicit threat to kill or inflict serious bodily injury upon a reasonably identified victim or victims, the patient has the apparent intent and ability to carry out the threat, and the health care provider knows or has reason to believe that the patient controls, owns or possesses a firearm, and (ii) the patient has a history of physical violence which is known to the healthcare provider, the healthcare provider has a reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury against a reasonably identified victim or victims, and the health care provider knows or has reason to believe that the patient controls, owns or possesses a firearm. Healthcare providers shall otherwise be bound by federal law and regulations relative to the confidentiality of patient health information.

(b) The petition shall set forth the grounds for issuance of the order and shall describe the number, types, and locations of any firearms or ammunition presently believed by the petitioner to be owned, possessed or controlled by the respondent. The petition shall also state whether there is an existing abuse prevention order pursuant to chapter 209A in effect governing the respondent, and whether there is any pending lawsuit, complaint, petition, or other action between the parties under the laws of this state. The court administrator shall verify the terms of any existing order governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. An extreme risk protective order may be granted whether or not there is a pending action between the parties.

(c) Upon receipt of the petition, the court shall set a date for a hearing within 10 days, regardless of whether the court issues a temporary extreme risk protective order pursuant to section 8.  Written notice of the hearing shall be personally served on the respondent by a law enforcement officer, or if personal service by a law enforcement officer is not possible, in accordance with the laws relative to service of process in the commonwealth. If the court does issue a temporary extreme risk protective order pursuant to section 8, notice of the hearing shall be served on the respondent with the temporary order. Written notice of the hearing shall be sent to the petitioner by certified mail.

Section 6. (a) A petitioner requesting an extreme risk protective order shall include in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing physical harm to themselves, the petitioner, or others by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

(b) Before a hearing for an extreme risk protective order, the court shall:

(i) ensure that a reasonable search has been conducted of all available records to determine whether the respondent owns any firearms or ammunition, including confirmation from the local licensing authority with jurisdiction over the respondent of the firearms owned or possessed by the respondent; and

(i) ensure that a reasonable search has been conducted for criminal history records related to the respondent.

(c) In determining whether to issue an extreme risk protective order under this section, the court shall consider all relevant evidence presented by the petitioner, including an examination under oath of the petitioner and any witnesses the petitioner may produce, and may also consider other relevant evidence relative to the respondent, including, but not limited to:

(i)  unlawful, reckless or negligent use, display, storage, possession or brandishing of a firearm;

(ii) acts or threats of violence against oneself or another, whether or not this violence involves a firearm;

(iii) violation of a protective order issued pursuant to chapter 209A or a similar law in another state;

(iv) abuse of controlled substances or alcohol or any criminal offense that involves controlled substances or alcohol; or

(v) the recent acquisition of firearms, ammunition, or other deadly weapons.

The court may also consider the time that has elapsed since the events described above.

The respondent shall have an opportunity to present evidence and witnesses at the respondent’s discretion, to rebut the evidence presented by the petitioner. The court shall consider all relevant evidence presented by the respondent.

(d) If the court finds that the petitioner has proven by a preponderance of the evidence that the respondent poses a significant danger of physical harm to themselves, the petitioner, or anyone else by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition, the court shall issue an extreme risk protective order, which shall prohibit the respondent from having in his or her custody or control, owning, possessing, purchasing, or receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect for a period of 1-year, unless terminated sooner pursuant to section 7.

(e) An extreme risk protective order issued pursuant to this section shall include all of the following:

(i) a statement that the respondent may not have in his or her custody or control, own, possess, purchase, or receive, or attempt to purchase or receive a firearm or ammunition while the order is in effect, which shall be for a period of 1 year unless otherwise terminated sooner;

(ii) a description of the requirements for relinquishment of firearms and ammunition pursuant to section 9;

(iii) a statement of the grounds supporting the issuance of the order;

(iv) the date and time the order expires;

(v) the address of the court that issued the order;

(vi) a statement that the respondent shall have the right to request 1 hearing to terminate the order at any time during its effective period; and

(vii) a statement that the respondent may seek the advice of an attorney as to any matter connected with the order.

(f) An extreme risk protective order issued pursuant to this section shall be personally served on the respondent with an order of suspension and surrender pursuant to section 9 by a law enforcement officer, or if personal service by a law enforcement officer is not possible, in accordance with state laws regarding service of process.

Section 7. (a) A respondent subject to an extreme risk protective order issued pursuant to section 6 may submit 1 written request at any time during the effective period of the order for a hearing to terminate the order.

(i) Upon receipt of the request for termination, the court shall set a date for a hearing.  Written notice of the request shall be served on the petitioner, and written notice of the hearing shall be served on the petitioner and the respondent by certified mail. The hearing shall occur no sooner than 14 days from the date of service of the request upon the petitioner. 

(ii) The respondent seeking termination of the order shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing physical harm to themselves, the petitioner or others by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

(iii) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order, and submit notice of such termination to the relevant agencies pursuant to section 11.

(b) A petitioner may request a renewal of an extreme risk protective order at any time within the 30 days prior to the expiration of the order. The court shall schedule a hearing on the renewal of the order at least 14 days prior to the expiration of the order, if possible, and shall send written notice by certified mail of such hearing to the petitioner.  Written notice of the hearing shall be personally served on the respondent by a law enforcement officer, or if personal service by a law enforcement officer is not possible, in accordance with the laws relative to service of process in the commonwealth.

(i) A court may, after notice and a hearing, renew an extreme risk protective order issued pursuant this chapter if the court finds, by a preponderance of the evidence, that the respondent continues to pose a significant danger of causing physical harm to themselves, the petitioner, or others by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

(ii) In determining whether to renew an extreme risk protective order, the court shall consider all relevant evidence presented by the petitioner, including an examination under oath of the petitioner and any witnesses the petitioner may produce, and may also consider other relevant evidence including, but not limited to evidence of the facts identified in subsection (c) of section 6.

(iii) Upon the issuance of a renewed extreme risk protective order, the court shall issue an order for suspension and surrender pursuant to section 9.  An extreme risk protective order renewed pursuant to this section shall expire after 1 year, subject to termination by further order of the court at a hearing held pursuant to subsection (a) and further renewal by order of the court pursuant to subsection (b).

Section 8. (a) Upon the filing of a petition under this chapter, and upon a request by the petitioner, or a law enforcement officer or district attorney having jurisdiction over the respondent’s residence, the court may enter a temporary extreme risk protective order as it deems necessary to prevent the substantial likelihood of immediate and present physical harm to the respondent, petitioner, or another person.  A temporary extreme risk protective order issued pursuant to this section shall be issued or denied on the same day that the petition is submitted to the court, unless the complaint is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business.

(b) If the petitioner in the filed petition demonstrates the substantial likelihood of immediate and present danger of physical harm, the court may enter such temporary extreme risk protective orders without notice as it deems necessary to protect the respondent, the petitioner, or another person from the immediate and present danger of physical harm and shall immediately thereafter notify the respondent that the temporary order has been issued. 

(c) Notice of the order shall be served on the respondent by a law enforcement officer.  The order shall include:

(i) A statement that the respondent may not have in his or her custody or control, own, purchase, possess, receive, or attempt to purchase or receive a firearm or ammunition while the order is in effect for a period of 10 days;

(ii) A description of the requirements for relinquishment of firearms and ammunition under section 9;

(iii) A statement of the grounds asserted for the order; and

(iv) A notice of hearing to determine whether to continue the temporary order, or whether to issue a 1-year extreme risk protective order if requested by the petitioner, no later than 10 court business days after such temporary order is entered.

(d) Before issuing a temporary extreme risk protective order the court shall: (i) ensure that a reasonable search has been conducted of all available records to determine whether the respondent owns any firearms or ammunition, (ii) confirm the firearms owned or possessed by the respondent with the local licensing authority with jurisdiction over the respondent, (iii) ensure that a reasonable search has been conducted for criminal history records related to the respondent, and (iv) examine under oath the petitioner and any witnesses the petitioner may produce.

Section 9.  (a) Upon issuance of an extreme risk protective order or a temporary extreme risk protective order pursuant to section 6 or 8, or a renewal of an existing extreme risk protective order pursuant to section 7, the court shall order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the respondent may hold and order the respondent to surrender all firearms, rifles, shotguns, machine guns and ammunition which the respondent then controls, owns or possesses, to the licensing authority where the respondent resides. Order of such suspension and surrender of firearms shall be appended to the copy of the extreme risk protective order, renewed extreme risk protective order, or temporary extreme risk protective order served on the respondent pursuant to section 6, 7 or 8. Law enforcement officers, upon the service of said orders, shall immediately take possession of all firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any firearms identification cards in the control, ownership, or possession of the respondent, to be brought to the licensing authority where the person resides.  If someone other than a law enforcement officer serves said orders upon the respondent, the respondent served with the orders shall surrender all firearms and ammunition, within 8 hours of such service, to the licensing authority where the respondent resides in accordance with section 129D of chapter 140. The licensing authority may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of said section 129D of said chapter 140. A suspension and surrender order issued pursuant to this section shall continue so long as extreme risk protective order or temporary extreme risk protective order to which it relates is in effect.

(b) Any violation of an order issued pursuant to this section shall be punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½ years in a house of correction, or by both such fine and imprisonment.

(c) Upon the filing of an affidavit by the respondent that a firearm, rifle, shotgun, machine gun or ammunition is required in the performance of the respondent’s employment, and upon a request for an expedited hearing, the court shall order a hearing within 2 business days of receipt of such affidavit and request, but only on the issue of surrender and suspension pursuant to this section, and shall immediately notify the respondent and petitioner of such hearing in writing.

Section 10. (a) Thirty days before a 1-year extreme risk protective order is set to expire, a law enforcement agency holding any firearm or ammunition that has been surrendered pursuant to the order shall notify the petitioner and the respondent that the order is set to expire. The notice shall advise the petitioner of the procedures for seeking a renewal of the order pursuant to section 7.

(b) If an extreme risk protective order is terminated or expires and is not renewed, a law enforcement agency holding any firearm or ammunition that has been surrendered pursuant to section 9 shall notify the respondent that he or she may request the return of the firearm or ammunition. A law enforcement agency shall return any surrendered firearm or ammunition requested by a respondent only after confirming, through a background check, that the respondent is currently eligible to own or possess firearms and ammunition.

(c) A respondent who has surrendered any firearm or ammunition to a law enforcement agency pursuant to section 9 and who does not wish to have the firearm or ammunition returned or who is no longer eligible to own or possess firearms or ammunition may sell or transfer title of the firearm or ammunition to a licensed firearms dealer. The law enforcement agency shall transfer possession of the firearm or ammunition to a licensed firearms dealer only after the dealer has displayed written proof of transfer of the firearm or ammunition from the respondent to the dealer and the law enforcement has verified the transfer with the respondent.

(d) If a person other than the respondent claims title to any firearm or ammunition surrendered pursuant to section 9, 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.

(e) If the licensing authority cannot reasonably ascertain a lawful owner of any firearms surrendered pursuant to this chapter within 180 days of expiration of the order to surrender the firearms, the authority may, in its discretion, trade or dispose of surplus, donated, abandoned or junk firearms, rifles, shotguns or machine guns or ammunition to properly licensed distributors or firearms dealers. The proceeds of the sale or transfer shall be remitted or credited to the municipality in which the authority presides to purchase weapons, equipment or supplies or for violence reduction or suicide prevention; provided, however, that no firearm, rifle, shotgun or machine gun or ammunition classified as having been used to carry out a criminal act pursuant to section 131Q of chapter 140 shall be considered surplus, donated, abandoned or junk for the purposes of this section.

Section 11. When the court is closed for business or the petitioner is unable to appear in court because of severe hardship due to the petitioner’s physical condition, any justice of the superior, district or Boston municipal court departments may grant relief to the petitioner as provided pursuant to sections 8 and 9, if the petitioner demonstrates a substantial likelihood of immediate and present danger of the respondent causing physical harm to themselves, to the petitioner or to anyone else.  In the discretion of the justice, such relief may be granted and communicated by telephone to an officer or employee of an appropriate law enforcement agency, who shall record such order on a form of order promulgated for such use pursuant to section 3, and shall deliver a copy of such order on the next court day to the clerk-magistrate of the court having venue and jurisdiction over the matter. If relief has been granted without the filing of a petition pursuant to this chapter, then the petitioner shall appear in court on the next available business day to file the petition. If the petitioner in such a case is unable to appear in court without severe hardship due to the petitioner's physical condition, then a representative may appear in court on the petitioner's behalf and file the requisite petition with an affidavit setting forth the circumstances preventing the petitioner from appearing personally. Any order issued pursuant to this section shall have the same effect as a temporary extreme risk protective order pursuant to section 8.

Any order issued pursuant to this section and any documentation in support thereof shall be certified on the next court day by the clerk-magistrate or register of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect.  After such certification, the order shall be served upon the respondent in accordance with this chapter , and the court shall set a hearing date for no later than 10 days after the service of the order, as provided in this chapter, on the question of whether to issue a 1-year extreme risk protective order pursuant to section 6.

Section 12. When considering a petition filed pursuant to this chapter, a judge shall cause a search to be made of the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation and shall review the resulting data to determine whether the named respondent has a civil or criminal record involving domestic or other violence. Upon receipt of information that an outstanding warrant exists against the named respondent, a judge shall order that the appropriate law enforcement officials be notified and shall order that any information regarding the respondent's most recent whereabouts shall be forwarded to such officials. In all instances where an outstanding warrant exists, a judge shall make a finding, based upon all of the circumstances, as to whether an imminent threat of physical harm exists to the respondent, the petitioner, or any other person. In all instances where such an imminent threat of physical harm is found to exist, the judge shall notify the appropriate law enforcement officials of such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.

Upon an order for suspension or surrender issued pursuant to section 9, the court shall transmit a report containing the respondent's name and identifying information and a statement describing the respondent's alleged conduct and relationship to the petitioner to the department of criminal justice information services. Upon the expiration, cancellation or revocation of the order, the court shall transmit a report containing the respondent's name and identifying information, a statement describing the respondent's alleged conduct and relationship to the petitioner and an explanation that the order is no longer current or valid to the department of criminal justice information services who shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the attorney general of the United States to be included in the National Instant Criminal Background Check System. 

Section 13. (a) The court shall notify the department of public safety, hereinafter in this section referred to as the department, no later than 1 court day after issuing, renewing, dissolving, or terminating a temporary or 1-year extreme risk protective order pursuant to this chapter.

(b) The information required to be submitted to department pursuant to this section shall include identifying information about the respondent and the date the order was issued, renewed, dissolved or terminated. In the case of a 1-year order, the court shall include the date the order is set to expire. The court shall also indicate whether the respondent to the 1-year extreme risk protective order was present in court to be advised of the contents of the order or if the respondent failed to appear.

(c) Within 1 business day of service of an extreme risk protective order or a temporary extreme risk protective order on the respondent, a law enforcement officer who serves said order or the clerk of the court shall submit the proof of service directly into the department’s database, including his or her name and law enforcement agency.

(d) The information to be submitted to the department under this section shall be submitted in an electronic format, in a manner prescribed by the department. The department shall maintain a searchable database of this information available to law enforcement agencies upon request. This information shall not be accessible to the public.

(e) The department shall immediately make information about a temporary or 1-year extreme risk protective order issued, renewed, or terminated pursuant to this chapter available to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks.

(f) The department shall promulgate regulations as necessary to carry out this section.

Section 14. (a) Any protective order issued by another jurisdiction, as defined in section 1, shall be given full faith and credit throughout the commonwealth and enforced as if it were issued in the commonwealth for as long as the order is in effect in the issuing jurisdiction.

(b) A person who filed the petition requesting a protective order issued by another jurisdiction may file such order in the superior court department or the Boston municipal court department or any division of the district court departments by filing with the court a certified copy of such order which shall be entered into the database of extreme risk protective orders maintained by the department of public safety pursuant to section 13. Such person shall swear under oath in an affidavit, to the best of such person's knowledge that such order is presently in effect as written. Upon request by a law enforcement agency, the register or clerk of such court shall provide a certified copy of the protective order issued by the other jurisdiction.

(c) A law enforcement officer may presume the validity of, and enforce in accordance with section 15 a copy of a protective order issued by another jurisdiction which has been provided to the law enforcement officer by any source; provided, however, that the officer is also provided with a statement by the person who filed the petition requesting the order that such order remains in effect. Law enforcement officers may rely on such statement by the person who filed the petition requesting the order.

Section 15. Law enforcement officers shall use every reasonable means to enforce extreme risk protective orders and temporary extreme risk protective orders issued pursuant to this chapter. Law enforcement agencies shall establish procedures adequate to ensure that an officer on the scene of an alleged violation of such order may be informed of the existence and terms of such order, and the possession of any firearms in violation of the order. The court shall notify the appropriate law enforcement agency in writing whenever any such order is vacated and shall direct the agency to destroy all record of such vacated order and such agency shall comply with that directive.

Each extreme risk protective order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.

Any violation of such order or a substantially similar order issued by another jurisdiction shall be punishable by a fine of not more than $5,000, or by imprisonment for not more than 2 ½  years in a house of correction, or by both such fine and imprisonment.

Any such violation may be enforced in the superior, the district or Boston municipal court departments. Criminal remedies provided herein are not exclusive and do not preclude any other available civil or criminal remedies. The superior, district and Boston municipal court departments may each enforce by civil contempt procedure a violation of its own court order.

Section 16. The records of cases arising out of an action brought under the provisions of this chapter where the petitioner or respondent is a minor shall be withheld from public inspection except by order of the court; provided, that such records shall be open, at all reasonable times, to the inspection of the minor, said minor's parent, guardian, attorney, and to the petitioner and the petitioner's attorney, or any of them.

The petitioner’s residential address, residential telephone number and workplace name, address and telephone number, contained within the court records of cases arising out of an action brought by a petitioner under the provisions of this chapter, shall be confidential and withheld from public inspection, except by order of the court, except that the petitioner’s residential address and workplace address shall appear on the court order and accessible to the respondent and the respondent's attorney unless the petitioner specifically requests that this information be withheld from the order. All confidential portions of the records shall be accessible at all reasonable times to the petitioner and petitioner's attorney, to others specifically authorized by the petitioner to obtain such information, and to prosecutors and law enforcement officers, if such access is necessary in the performance of their duties. The provisions of this paragraph shall apply to any protective order issued by another jurisdiction, as defined in section 1, that is filed with a court of the commonwealth pursuant to section 14. Such confidential portions of the court records shall not be deemed to be public records under the provisions of clause twenty-sixth of section 7 of chapter 4.

Section 17. (a) Any person who files a petition for an extreme risk protective order, knowing the information in the petition to be materially false or with intent to harass the respondent, shall be punished by a fine of no more than $1,000 or by imprisonment for no more than 2 ½ years in the house of corrections.

(b) Any person who has in his or her custody or control, owns, purchases, possesses, or receives a firearm or ammunition with knowledge that he or she is prohibited from doing so by an extreme risk protective order or a temporary extreme risk protective order shall be punished by a fine of no more than $1,000 or by imprisonment for no more than 2 ½ years in the house of corrections, and shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of 5 years from the date of conviction.

Section 18. This chapter shall not affect the ability of a law enforcement officer to remove firearms or ammunition from any person pursuant to other lawful authority.

Section 19. This chapter shall not be construed to impose criminal or civil liability on any person who chooses not to seek an extreme risk protective order pursuant to this chapter.