Orders to Surrender and Prohibit Weapons

An OTSW is a court order that does two things:

1. Requires the restrained person to immediately turn in firearms and other dangerous weapons to Law Enforcement. The restrained person must also turn in any Concealed Pistol Licenses (CPL). Law Enforcement will securely store these items while the order is in place.
2. Prohibits the restrained person from accessing, owning, possessing, purchasing, or receiving firearms. This includes attempting to buy or receive any firearms and Concealed Pistol Licenses. The restrictions are in place as long as the order is in effect.

The purpose of the OTSW is to help reduce risks when there are behaviors that pose a risk or danger, to self, or others.  It aims to help keep everyone safe when emotions may be running high, or individuals may be in crisis.

The OTSW will end once the underlying protection order is dismissed, expires, or is terminated.

No, the OTSW alone does not allow the police to search for firearms. A Law Enforcement officer will give the OTSW and protection order to the restrained person and will explain the basic order requirements. The restrained person must immediately turn over any firearms, dangerous weapons, or Concealed Pistol License(s). Law enforcement may remove firearms that are in plain view or pursuant to a lawful search. Failing to follow the OTSW may cause the court to find the person “out of compliance”. This can result in other civil or criminal penalties. The responsibility to follow the terms of the OTSW rests only on the restrained person.

Law Enforcement will list any firearms, dangerous weapons, or CPLs given to them on a Receipt and will give a copy to the restrained person with a Proof of Surrender form. The restrained party should keep this receipt for their records. They will also need to provide a copy of the receipt, and a signed Proof of Surrender, to the court. These documents are part of showing compliance with the order. This receipt also helps with return of these items when the order is no longer in place.  Firearms will be returned if there are no other reasons to prohibit firearm possession.

The requirements of the OTSW are in place only while the order is active. Once it ends, the restrained person can have their weapons returned or buy others, if there are no other reasons they cannot legally have firearms. Law Enforcement must do a background check before returning firearms. This ensures there are no other prohibitions to ownership or possession.

If you are the restrained person, you may have more questions about having your property returned. You can contact the Law Enforcement agency holding your items. It will be the same agency listed on the Law Enforcement Receipt and Proof of Surrender.

Law enforcement should notify you before returning firearms to the restrained person. The agency with the firearms/deadly weapons/CPL is listed on the Proof of Surrender and Receipt in the court file. You can call this Law Enforcement agency and ask them to notify you. Please keep your contact information up to date with the Law Enforcement agency. Call as soon as possible to ensure they have your updated contact information.

The restrained person must appear for the compliance review hearing. There is information about options to appear in person or by video in the OTSW order. This hearing is for the court to determine if the restrained person has complied with the OTSW.  This is not a hearing to re-argue the underlying protection order or ask that the OTSW be removed.

The protected party is not required to appear at the compliance hearing. The protected party has a right to appear if they want to, either to observe, or to provide direct input to the court. As the protected person, it may be helpful to attend or provide direct information to the court. If you choose to attend, you can learn first-hand what the court decides about compliance. Please see question 10 for information about how to share written information with the court about the restrained person’s compliance with the OTSW.

Alert: Please contact the court about appearing at the Compliance Review Hearing. This applies to both protected and restrained persons. 

Please email the court two days before your hearing at: weapons-surrender@kingcounty.gov

In your email, please include the following information:

• Your full name
• Your case number (first page, upper right-hand corner of your order)
• Date of the review hearing

A judge will determine if the restrained person is in full compliance with the terms of the OTSW.  The court can only make this determination if service of the orders occurred. Or, if there is proof the restrained person had notice of the compliance review hearing.

You may have questions about service of the order to the restrained person. You can contact your attorney, the Firearm Enforcement Advocate or review the court record for more information. If service did not occur, or there isn’t proof they knew about the hearing, the Judge will likely reset a new hearing date. The Judge will ask Law Enforcement to serve the restrained party or wait until service occurs.

If service or notice occurred and the respondent appears, the compliance hearing proceeds. The court will review whether Law Enforcement received all firearms and weapons, or if any remain outstanding. The court also checks for required documentation to be in full compliance. If complete, the Judge may find the restrained person “in compliance” with the OTSW at that time.

In some cases, the court may determine the restrained person has not provided adequate proof of compliance. The court may set another hearing and order them to provide further evidence. The court can also find the restrained party “out of compliance”.  In some situations, a contempt action may start. The court, city or prosecuting attorney may start contempt actions. A protected party or their attorney may also start a contempt action. Contempt actions require the restrained person to take other action, appear, or further comply.

The Judge will review materials to see if Law Enforcement served the restrained party or if they knew about the hearing. If so, and they still fail to appear, the Judge may reset the hearing date and order the restrained person to appear or may rule they are “not in compliance” with the OTSW. The Judge may decide to set another hearing date or not.

The burden to prove compliance with the OTSW falls on the restrained person.  Failing to follow through on OTSW compliance can result in other civil or criminal actions. Compliance with court orders shows the court that the restrained person is taking the matter seriously. Compliance also shows that the restrained person can follow the rules set by the court.

Compliance-related documentation filed by the restrained person, or their attorney, can happen before hearings. The Judge may review the court record and find them “in compliance”. The restrained person may be told by the court not to appear at the compliance review hearing in this situation. Note:  Only the Judge can excuse the restrained person from appearing at the compliance review hearing.

You need to take immediate action. You must turn in your firearms, dangerous weapons, and any Concealed Pistol Licenses to a local Law Enforcement agency.  Please call them in advance so they can instruct you on how to do this properly and know to expect your arrival.  Once you have done so, please complete and file a copy of the following forms with the court as soon as possible.

• Proof of Surrender: WS 100 Proof of Surrender_07_2023.docx (live.com)
• Receipt for Surrender: WS 101 Receipt for Surrendered Weapons and CPL_2023_01.docx (live.com)

Law enforcement will provide you with a receipt of everything you turned in. Keep this receipt for the court and your records. The receipt will include everything held in their property room while the order is in effect. Law enforcement will secure and properly store your property.

You need to complete and file a copy of the following form with the court as soon as possible.

•  A Declaration of No Weapons to Surrender: WS 102 Decl No Weapons to Surrender_07_2023.docx (live.com)

Yes, you can file the following document. You can fill out this document to let the court know about any firearms, dangerous weapons, or CPLs. You can describe if the restrained person owns or possesses or has access to these items through other people:

• WS 103 Declaration of Protected Person_2023_01.docx (live.com)

A Firearms Enforcement Advocate may be assigned to your case. If so, you can share your concerns with them. Please be advised the Advocate cannot keep the information you share confidential. Advocates work with Law Enforcement and Prosecutors who assist with enforcing these orders. Advocates also share information with the courts about compliance. Advocates can assist with safety planning and referral to confidential community-based advocacy services.

Alert: You have the right to appear at the compliance review hearing. In some cases, it may be more beneficial for the court to hear from you directly if you believe the restrained person has firearms that have not been turned into law enforcement. You can share this information directly with the court at the hearing, or in written form. Whatever you decide, it is always helpful to safety plan with an advocate. 

The court will send you information about the outcome of the compliance hearing, for example, whether the judge found the restrained person in or out of compliance with the OTSW. This may take time because of high case volumes. It is usually done via email. Please keep your email address or other contact information updated with the court. Please be advised that due to the high volume of cases, those records may take a few days to get into the court file. If you are working with a Firearm Enforcement Advocate, please contact them. The Advocate can provide more information about compliance hearing results.