Rule 10b - Protective orders and firearms(1)Magistrate Court.If the petition for protection provides information regarding firearms pursuant to Rule 8(c) of these rules, magistrate court, to protect the physical safety of the petitioner and other protected individuals, shall provide in the protective order that the respondent shall surrender any and all firearms and ammunition to the law enforcement officer serving the protective order or shall allow the respondent to transfer any and all firearms and ammunition to a qualified third party, provided, however, in a third party transfer, the law enforcement officer serving the protective order shall be required to determine if the third party is qualified to possess firearms and is not otherwise prohibited by law from possessing firearms prior to the respondent transferring any firearms or ammunition to a third party. (2)Family Court.If the petition for protection or evidence obtained at the hearing provides information regarding firearms pursuant to Rule 8(c) of these rules, family court during the final hearing shall require the respondent to provide proof that he or she has surrendered or transferred any and all firearms and ammunition owned or possessed by the respondent. If the respondent is unable to provide the required proof of surrender or transfer of firearms and ammunition, the court, to protect the physical safety of the petitioner and other protected individuals, shall order the respondent to surrender any and all firearms and ammunition to a law enforcement agency or shall allow the respondent to transfer any and all firearms and ammunition to a qualified third party, provided, however, in a third party transfer, the court shall require a law enforcement agency to determine if the third party is qualified to possess firearms and is not otherwise prohibited by law from possessing firearms prior to the respondent transferring any firearms or ammunition to a third party. The respondent shall be ordered to appear before the court at a date and time set by the court to show proof of compliance with the court's order of firearm surrender or transfer. (3)Proof of surrender and notice to third party. The respondent shall provide written proof of the firearms surrendered on the form approved by the West Virginia Supreme Court of Appeals. Written proof shall include a description of all firearms surrendered and the name and address individual having possession of respondent's firearms. The court upon receiving written proof from the respondent shall notify the individual having possession of respondent's firearms of his or her legal duties under both federal and state laws. (4)Return of Firearms. Upon the termination, dismissal or expiration of a protective order, the respondent shall petition the court, on the form approved by the West Virginia Supreme Court of Appeals, for the return of any and all firearms and ammunition surrendered or transferred pursuant to the order of the court. The court shall by separate order provide for the return of all firearms and ammunition surrendered to law enforcement or transferred to a third party by the respondent, provided, however, prior to the return of respondent's firearms and ammunition, the court shall be provided a criminal background check, completed by a law enforcement agency, to determine whether the respondent is qualified to possess firearms and is not otherwise prohibited by law from possessing firearms and ammunition. W. Va. R. Prac. & P. Dom. Viol. 10b