G.O. 6.18 - Risk Warrants

I. PURPOSE

• Establishes internal Norwich Police Department (NPD) rules for handling Risk Warrants (RWs), Risk Protection Orders (RPOs) and all associated investigations.
• Ensures every allegation that someone poses an imminent risk of personal injury to self or others is:
  • Investigated thoroughly.
  • Addressed in a timely fashion, consistent with Connecticut Public Act 21-67 and Connecticut General Statutes §29-38c.
• Clarifies that the policy is administrative only:
  • Does not raise the police’s legal duty of care in civil suits.
  • Violations can lead to departmental discipline; criminal violations remain subject to courts.

II. POLICY OVERVIEW & SIGNIFICANCE

• NPD will:
  • Follow statutory procedures precisely for all RW/RPO matters.
  • Treat any tip—internal or third-party—about imminent violence or self-harm as a priority.
• Broader relevance:
  • Balances public-safety interests (removing weapons) with constitutional protections (search/seizure, due process).
  • Aligns with CT’s “red-flag” framework, often cited nationally as an early-intervention model.

III. DEFINITIONS (STATUTORY LANGUAGE)

• Ammunition: Loaded cartridge w/ primed case, propellant, projectile for any firearm.
• Deadly Weapon: Any firearm (loaded or unloaded) or items such as switchblade, gravity knife, billy, blackjack, bludgeon, metal knuckles.
• Family or Household Member (five sub-groups):
  • Adults (≥$18$ yrs) who are: spouse, parent, child, sibling, grandparent, grandchild, step-relatives, in-laws.
  • Any person residing with subject.
  • Person sharing a child with subject.
  • Dating/intimate partner.
  • Current/former legal guardian of subject.
• Medical Professional: Must have examined subject AND be one of:
  • Physician / Physician Assistant (Ch. $370$).
  • Advanced Practice Registered Nurse (Ch. $378$).
  • Psychologist (Ch. $383$).
  • Clinical Social Worker (Ch. $383b$).
• Risk Protection Order (RPO): Judge-signed order prohibiting subject from acquiring/possessing firearms, deadly weapons, ammunition.
• Risk Warrant (RW): Law-enforcement search/seizure warrant to physically remove firearms, weapons, ammunition.

IV. PROCEDURES

A. Officer-Initiated Risk Warrants

• Officers retain independent authority to seek RWs/RPOs under §29-38c(a).
• Trigger: Development of probable cause (PC) that subject poses imminent personal-injury risk.
• Required form: JD-CR-129 (Affidavit & Application… Search and Seizure Warrant, Return).
• Application specifics:
  • Any two sworn officers can apply to Superior Court when they believe:
  1. Subject possesses ≥1 firearm/deadly weapon, and
  2. Such items are located on/in a specific place, thing, or person.
  • Judge issues warrant commanding search/seizure of all firearms, weapons, ammunition.
  • Approval ONLY after officers conduct independent investigation and confirm PC.

B. THIRD-PARTY APPLICATIONS (PA 21-67)

• Allowed forms:
  • JD-CR-198: Application for RPO Investigation.
  • JD-CR-199: Supporting Affidavit.

1. Family or Household Member criteria & filing:

   • Must hold a good-faith belief of imminent risk.
   • File in any Geographical Area (GA) Superior Court.
   • Application must state:
     • Factual basis for risk.
     • Whether subject holds CT pistol permit / eligibility certificate (if known).
     • Whether subject currently possesses firearms, weapons, ammo (if known).
     • Location of such items (if known).

2. Medical Professional criteria identical to family member requirements.

3. Court response:

   • If court finds good-faith belief, it issues an Order of Investigation for law-enforcement follow-up.

C. COURT ORDER OF INVESTIGATION → POLICE ACTION

• Court immediately transmits order, application, affidavit to police in subject’s town (NPD, if resident).
• NPD duties upon receipt:
  1. Immediate investigation into imminent-risk question.
  2. If PC found ⇒ Seek RPO (and RW if weapons must be seized) within $24$ hours, or ASAP if more time needed.
  3. If no PC ⇒ Notify court, applicant, and CT DESPP Special Licensing & Firearms Unit within $48$ hours (or ASAP if more time needed).

D. COURT CONSIDERATIONS FOR ISSUING RPO / RW

1. Core factors (must be recent):
   • Threats/acts of violence toward others.
   • Threats/acts of violence toward self.
   • Acts of cruelty to animals.
2. Additional factors judge may weigh:
   • Reckless display/brandishing of firearms/weapons.
   • History of using, attempting, or threatening physical force.
   • Prior involuntary psychiatric confinement.
   • Illegal drug use or alcohol abuse.
3. If satisfied, judge issues:
   • RPO (always, even if subject already ineligible to possess firearms).
   • RW when search/seizure needed.
4. Warrant specifics:
   • States PC grounds.
   • Commands search of named person/place/thing for all firearms, weapons, ammunition within a reasonable time.
5. Filing requirements:
   • RW execution ⇒ NPD files application & affidavits with court + State’s Attorney next business day.
   • RPO service ⇒ NPD files copy of order (with date/time of service) next business day.
6. Mandatory hearing: Court holds within $14$ days of execution/service to decide continuation, modification, or return of seized items.

E. RETENTION / DISPOSITION OF SEIZED FIREARMS

1. Items held until subject petitions court to terminate RW/RPO and court agrees.
2. Subject may transfer firearms/ammo to a Federal Firearms Licensee (FFL) under §29-33 or other laws.
3. Destruction prohibition:
   • NPD (on behalf of Commissioner) cannot destroy any seized item until ≥$1$ year after RW termination.

F. TRAINING & IMMEDIATE SEIZURE EXCEPTION

• All officers receive training on this policy & statutes.
• Policy does not preclude immediate seizure of weapons when officers already have PC that someone is dangerous (separate exigent-circumstance doctrine).

V. PRACTICAL / ETHICAL IMPLICATIONS

• Due-process balance: Short-term deprivation of property (firearms) vs. prevention of suicides/homicides.
• Community trust: Transparent criteria & quick judicial review ($14$-day hearing) safeguard civil liberties.
• Administrative burden: Strict filing deadlines ($24$–$48$ hrs, next-business-day filings) require robust supervision.
• Mental-health interface: Encourages collaboration with medical professionals; highlights role of involuntary psychiatric history.
• Animal-cruelty link: Recognizes empirical correlation between violence toward animals and future interpersonal violence.

VI. REFERENCE DOCUMENTS (FORMS)

• $\text{JD-CR-129}$ – Affidavit & Application: RPO, Search & Seizure Warrant, Return (sworn-officer use).
• $\text{JD-CR-198}$ – Application for RPO Investigation, Order, Return (third-party use).
• $\text{JD-CR-199}$ – Affidavit for RPO Investigation (third-party use).

VII. CONNECTIONS TO BROADER CONTEXT

• Red-Flag Laws Nationwide: CT was first state (1999) to adopt such a framework; Norwich policy operationalizes the newest amendments (PA 21-67) allowing third-party filings.
• Public-Health Perspective: Gun-violence prevention via temporary removal of means parallels suicide-prevention strategies (means restriction).
• Legal Foundation: Builds on Fourth Amendment (search/seizure) & Second Amendment (right to bear arms) jurisprudence.