Protective orders and Firearms

[Agentw00t]

I am new to these forums, my buddy frequents this site, and goes to ranges alot, and wants me to join him, but I have a few questions, and he told me this would be a good place to hopefully find some answers.

Since there is really no way to ask without it sounding bad, I will just be blunt.

My wife and I are going through a divorce, and she decieded it would be a funny idea to put a restraining order on me. It is a TRO, and I went to the hearing, and the hearing officer didn't say anything about not being allowed to own a firearm, nor does it say I am prohibited on the order. The only thing on there about firearms is the federal firearm prohibition. I have tried researching the issue, and all I can find is information about if I have been convicted of any domestic stuff, which I have not.

I was told that many users on this site are cops. So, does anyone know? With this TRO on me, am I allowed or not allowed to buy a firearm?

 

[firefighter9158]

Not !

 

[aroundlsu]

Not. Thank Bill Clinton.

 

[madmax4x4]

Is it not at all or just not from a ffl?

 

[Agentw00t]

Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying restraining order cannot possess a firearm or ammunition. Intimate partners include spouses, former spouses or significant others, but do not include significant others with whom the defendant has NOT cohabited. A qualifying court restraining order is one where:


the court order must include a finding that the person represents a credible threat to the other person OR the order explicitly prohibits the use, attempted use, or threatened use of physical force against the other person.
the order was issued after a hearing. Minnesota OFPs issued under the no-hearing law provisions Minn. Stat. 518B.01 subd. 7 would NOT qualify.
the defendant had to have received actual notice of the hearing and have had an opportunity to participate in the hearing.

What is a qualifying order? What does it mean when it says "the court order must include a finding that the person represents a credible threat to the other person"

Also, what Bosco asked. Am I not allowed to even go shooting with him?

 

[kcinnick]

Why does the court feel you are a credible threat to her?

 

[honestlou]

QUOTE:Agentw00t: Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying restraining order cannot possess a firearm or ammunition. Intimate partners include spouses, former spouses or significant others, but do not include significant others with whom the defendant has NOT cohabited. A qualifying court restraining order is one where:

the court order must include a finding that the person represents a credible threat to the other person OR the order explicitly prohibits the use, attempted use, or threatened use of physical force against the other person.
the order was issued after a hearing. Minnesota OFPs issued under the no-hearing law provisions Minn. Stat. 518B.01 subd. 7 would NOT qualify.
the defendant had to have received actual notice of the hearing and have had an opportunity to participate in the hearing.

What is a qualifying order? What does it mean when it says "the court order must include a finding that the person represents a credible threat to the other person"Also, what Bosco asked. Am I not allowed to even go shooting with him?


To be 100% safe, you need to bring whatever documentation of the court order you have to an attorney for review. Having said that, by the language of this section, the court (judge) must have said something to the effect of:
"I find that the defendant represents a real and ongoing threat to the safety of plaintiff, and therefore I hereby order that the defendant be restrained from harassing, etc., etc.

In other words, the court must issue a finding of fact that you pose a real threat. If it is just a generic order such as "neither party shall threaten or harass the other, or intentionally come within 1000 feet of the other party", then I think you are okay. This language should be in the order, but it is possible that the judge made a finding of fact in court that was not put into the order--you want to know for sure if this becomes an issue.

On the second question, the statute says that such a person cannot possess in interstate commerce (probably okay here) or have received a firearm or ammunition which has been shipped in interstate commerce (most surely has). What does 'receive' mean? Without research for which you'd have to pay an attorney, I'd say it's probably pretty broad, and I wouldn't want to be anywhere near you and a firearm. But it could mean take possession as in ownership or dominion over, as opposed to just 'using'.

If the restraining order qualifies under the first set of requirements, I wouldn't push my luck by shooting someone else's gun.

Lastly, it says "subject to a court order", not having ever been subject to...
So you are probably okay once the order is lifted.

 

[A5Mag12]

Why does the court feel you are a credible threat to her?

All she has to do is say she is scared of him and that he has a bad temper and it's automatic.

 

[robbynola]

All she has to do is say she is scared of him and that he has a bad temper and it's automatic.

Very true. The law is pretty bent against guys on this one. When the woman goes in and claims that she needs one, she's issued a temporary protective order pending a hearing. When you go to the hearing, the judge should decide whether or not to make it a permanent order and how long it lasts. It should have an expiration on it, after which you're more than welcome to buy all the guns you want.

You said you went to your hearing. So the order is set by a judge now? If not, I'd say go hire yourself a good attorney. I broke up with a girl a while back who tried to make things messy for me at work by getting a protective order on completely false claims. My attorney went to the hearing, pulled her aside and told her she was being retarded, I didn't want to have anything to do with her and that since she had no evidence, she'd be on the receiving end of a civil suit for court and attorney costs if she pressed it. She dropped it on the spot.

On a lighter note, I'm gonna be honest now. Months before all this happened, I did accidentally slap her in the side of the head once when she bit my junk and made it bleed... But that was definitely self defense and since I wasn't allowing her anywhere near my cash and prizes any more, she was in no physical danger. Besides that one time, I don't hit no womens... or freebase cocaine.

[ame]http://www.youtube.com/watch?v=2-ckIv1tiaU[/ame]

 

[topgunz1]

note that it says firearms or ammunition, so clear out EVERYTHING from your house until you get it straight, sell it to your buddy on a bill of sale for $1, give her 50 cents.

 

[Sin-ster]

Note to self-- do not let any potential ex's learn how much they could screw me by filing for an order and lying about how I could/would harm them.

Can we delete this thread when it has run its course? I don't wanna risk accidentally leaving it open for the significant other to find...

Cripes, I really feel for you man. Pretty scary thing to have it happen so easily.

 

[kcinnick]

I am not implying the op did anything, just curious the reasoning of the court.

 

[Baldrik78]

once when she bit my junk and made it bleed...

Of all of the phrases that I never want to say, this has got to be in the top 5.

 

[blackened1313]

Of all of the phrases that I never want to say, this has got to be in the top 5.

Top 5??

Top 2 right behind, "oops, I accidently cut off my own head with the chainsaw again".

 

[Agentw00t]

I am not implying the op did anything, just curious the reasoning of the court.

Its a really long and stupid story. When all of this happened, we had been married for about 13 months, and I found out she had been cheating on me for about 5 of those months. She found out that I found out. I found all of her pictures and emails, it was really sickening. It happened on a friday, so I went to stay with my buddy that day after work and most of saturday. I get home saturday and she's not there, nor is she there sunday. Sunday cops show up to arrest me for domestic violence.

I do have a lawyer, he was there with me in the hearing. She tried claiming that I had a history of drug and alcohol abuse and she tried getting spousal support from me, none of that happened or held up in court, the hearing officer just didn't remove the order. My lawyer basically said it was a CYA type thing for the judge. If she were to remove the order and I went and burned the house down or something, then she would be in alot of trouble, so I was ok with it at the time, but now realizing that one of my rights has basically been stripped away, I am kind of upset.

I am only 23 years old lol, I should have listened to my friends when they said never get married this young.

 

[Guate_shooter]

This is one of those BS advantages since she can get the temporary restraining order aprooved by a clerk or "peace officer", once you attend the formal hearing they can rule it in favor of or against and throw it out.

My ex wife did the same to me thanks to her mom who was the one with the idea, she actually dropped the charges the morning of the hearing since she knew she never had grounds for it in the first place.

What did the hearing officer said about it???????????? Or did you just attend the hearing on the divorce and not the restraining order?

 

[blackened1313]

All she has to do is say she is scared of him and that he has a bad temper and it's automatic.

This is not entirely true. I know of people who tried to pull this and were thrown out of the courtroom. Unless you have somekind of incident report or jail it isnt as easy as you think.

We had an order against my wife's ex and it wasnt that easy. And she had legitimate police reports and he was in prison and they still were funny about it.

 

[Agentw00t]

This is one of those BS advantages since she can get the temporary restraining order aprooved by a clerk, once you attend the formal hearing they can rule it in favor of or against and throw it out.

My ex wife did the same to me thanks to her mom who was the one with the idea, she actually dropped the charges the morning of the hearing since she knew she never had grounds for it in the first place.

What did the hearing officer said about it???????????? Or did you just attend the hearing on the divorce and not the restraining order?

I attended the hearing for the restraining order. My wife almost was found in contempt of court, yet the restraining order wasn't lifted. It didn't make much sense to me, but I am eligible for divorce in september, maybe once I file, I can have the order dissolved.

 

[Agentw00t]

This is not entirely true. I know of people who tried to pull this and were thrown out of the courtroom. Unless you have somekind of incident report or jail it isnt as easy as you think.

We had an order against my wife's ex and it wasnt that easy. And she had legitimate police reports and he was in prison and they still were funny about it.

I guess it all depends on the judge. I had an entirely clean record. No prior police reports, no incidents, no "history of alcohol or drug abuse", I had never been to jail, yet she was able to put an order on me anyway.

 

[Guate_shooter]

I attended the hearing for the restraining order. My wife almost was found in contempt of court, yet the restraining order wasn't lifted. It didn't make much sense to me, but I am eligible for divorce in september, maybe once I file, I can have the order dissolved.

Yes but the problem is that if I remember correctly the question on the yellow form is "Have you ever been bla bla bla of a protective order NOT do you currently have one on you"

So that could actually mess you up in the future unless I'm mistaken which very well could be.