ii-21DomesticViolenceInvolvingDepartmentEmployees

1 (03/10/2023 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: DOMESTIC VIOLENCE INVOLVING DEPARTMENT EMPLOYEES Index as: Court Orders Involving Employees Domestic Violence Court Orders Firearms Restrictions Accreditation Standards: 1.3.9 Cross Reference : G.O. IV, Rules of Cond uct I.O. V.5:18, Domestic Violence §741.28, F.S.S. §922 (g)(8), U.S.C.S. Replaces : G.O. II -21 Domestic Violence Court Orders Involving Department Employees (A pril 28, 2016 ) This Order consist s of the following sections: I. Purpose II. Policy III. Definitions IV. Firearms Restrictions V. Reporting the Issuance or Amendment of a Court Order VI. Compliance with the Court Order VII. Compliance with 1968 Gun Control Act VIII. Violations I. PURPOSE A. This Order establishes procedures for whenever an employee becomes subject to, and is served with, a notice of a Domestic Violence Court Order. Further, it restricts access to firearms and ammunition by employees who are named in a Domestic Violence Court Order. B. In addition, this Order establishes the procedures for employees who are in violation of the Amended Gun Control Act of 1968 by being convicted of a misdemeanor crime of domestic violence against an intimate partner. The am ended Act also prohibits access to any firearm or ammunition as a result of such a conviction. II. POLICY A. Employees who become subject to a D omestic Violence Court Order, either temporary, ex parte, or permanent, will not transport, ship, receive or possess any firearm or ammunition, except that which may be specifically required while on duty and while performing tasks assigned by the Department. B. Employees who are , or have been , convicted of a misdemeanor crime of domestic violence against an intima te partner, which is a violation of the Amended Gun Control Act of 1968, are not permitted to ship, transport, possess, or receive firearms or ammunition , unless the conviction has be en expunged, set aside, pardoned, or the employee has their civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense). C. Any firearms or ammunition in possession must be relinquished to a third party. DATE OF ISSUE EFFECTIVE DATE NUMBER March 2023 Immediately II-21 Distribution: All Employees General Order II -21 2 (03/10/2023 ) III. DEFINITIONS A. Court Order – The temporary, ex parte, or permanen t direction of a court or judge including , but not limited to an order, court order, restraining order, injunction, or domestic violence injunction, made or entered in writing, which meets the legal requirements described in this Order, for the bene fit of an intimate partner or child of the person to whom the court order is directed. B. Intimate Partner 1. As it pertains to D omestic Violence Court Orders, s pouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family , or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have res ided together at any time (§741.28 , F.S.S.) . 2. As it pertains to the Gu n Control Act of 1968 , current or former spouses, parents or guardians, persons who share a child in common, persons who cohabit or have cohabited as a spouse, parent, or guardian, or persons similarly situated as a spouse, parent or guardian. C. Ex Parte – Done for, in behalf of, or on the application of one part y only. D. Misdemeanor Crime of Domestic Violence – an offense that: 1. Is a misdemeanor under f ederal or state law; and 2. Has as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon against an intimate partner. IV. FIREARMS RESTRICTIONS A. No employee will ship, transport, receive or possess firearms or ammunition when they become subject to a court order that: 1. Restrains such person from harassing, stalking or threatening an intimate partner of such person , or a 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 2. Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 3. 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. Employees authorized to carry firearms may possess a weapon or ammunition during the conduct of official business during on -duty hours , when permitted to do so by the Department and federal law. C. No employee will ship, transport, receive, or possess any firearms or ammunition if convicted of a misdemeanor crime of domestic violence against an intimate partner. V. REPORTING THE ISSUANCE OR AMENDMENT OF A COURT ORDER A. Employees who become subject to a court order meeting the requirements described in this Order, will take affirmative steps to comply with the court order, and will provide a copy of the court order