person served a restraining order

[dwh79]

I know a person going through a divorce and his pistol was stolen while he was out of his house while his soon to be ex was home. She has filed a restraining order against him and the other man (maybe her new boyfriend) made some vague threats towards him. He would like to have a gun in the house for protection. Can he get one/ be in possession of a gun at home if a restraining order has been filed against him to replace his stolen gun? Can someone knowingly transfer/ sale him a gun knowing a restraining order has been filed? Everyone is trying to be legal and I don't know the answer or the Indiana code to turn them on to.

 

[churchmouse]

Not sure but once a restraining order is filed in domestic issues you can not buy a gun or have one if memory serves. Best check into it further as I did not stay at a holiday inn last night.

 

[ScouT6a]

Eager to see some input on this from others. Nowhere on the 4473 does it ask if you have any restraining orders. A restraining order in no way, shape or form means any act of domestic violence has occurred or any other crime for that matter. Interesting....

 

[Old_grunt]

http://www.ncids.org/Defender Training/2004 New Felony Defender Training/Federal Consequences.pdf

 

[churchmouse]

Eager to see some input on this from others. Nowhere on the 4473 does it ask if you have any restraining orders. A restraining order in no way, shape or form means any act of domestic violence has occurred or any other crime for that matter. Interesting....

I remember a friend was going through this same thing with his soon to be "X" and he was subject to an order of restraint. There may have been more to it but it caused him some grief at some point when purchasing a gun if memory serves.

 

[sloughfoot]

In Allen County, if you are served with a restraining order, and it is confirmed by a Judge, Sheriff's deputies come to your house and collect your firearms.

Not saying I agree with it, it is just my understanding.

Hell, they are now doing warrantless firearms confiscations with no court order. Because of allegations of mental disorders. No Judges order, no warrant. Just an allegation.

The wife has reported on a couple of these cases. She is scared and outraged. She thinks this is enabled by new state law.

This stuff is getting out of control.

 

[BehindBlueI's]

Read the restraining order. It will say if he's Brady disqualified or not. Brady disqualified = no guns until its resolved. Not Brady disqualified = business as usual.

 

[LEaSH]

An order of protection signed by a judge will specify the terms and expectations in the order.

OP's guy would know if he is prohibited by thoroughly reading the order.

 

[Slawburger]

Sounds like a question for his lawyer. I assume he has one if things have progressed this far.

 

[Old_grunt]

Read the .pdf link I post in #4. It's federal, not state mandated. 18 USC 922(g)4

 

[dmarsh8]

Read the restraining order. It will say if he's Brady disqualified or not. Brady disqualified = no guns until its resolved. Not Brady disqualified = business as usual.

This^^^^

 

[BehindBlueI's]

Read the .pdf link I post in #4. It's federal, not state mandated. 18 USC 922(g)4

Note 8(a). Simply being served a restraining order doesn't automatically Brady disqualify you. I dealt with restraining orders for about 6 years while I was still on the street. I know how they work. Just read the paper, it will say if its the type that Brady disqualifies you or not right on it.

 

[IndyTom]

I was served with a protection order as part of the ex's maneuvers for court and it did say I could not possess a firearm (I didn't at the time, anyway). The order will spell it out and I was in a similar situation where her "friend" made vague threats.

 

[nebulous]

Someone going through a divorce does not need any unnecessary problems with the law, especially if children are involved. Sounds like it is time to pony up the money and talk to an attorney about it. When someone wants to stick it to you, they may have no reservations about blowing little things way out of proportion, especially if it gives them leverage in the financial negotiations. Better to not take any chances on this one.

 

[dwh79]

Thanks for the input. He had not officially been served yet. However it is believed the new friend may be in posesion of his hand gun he filed a stolen or missing gun report with the Police department today. He has a lawyer he was going to ask the question to as well but since he has received vague threats and his gun was stolen he was asking about getting another gun and I don't want him to get in trouble or someone else who may sell him a gun as a replacement. The concern is knowingly transfering a firearm to a prohibited individual. Thanks again everyone. I feel bad for the guy but I want to keep him out of trouble and anyone else.

 

[churchmouse]

I was served with a protection order as part of the ex's maneuvers for court and it did say I could not possess a firearm (I didn't at the time, anyway). The order will spell it out and I was in a similar situation where her "friend" made vague threats.

When all said and done I love bumping into the "Friend"
They, on the other hand do not enjoy the bumping.............

 

[in625shooter]

You are not allowed by Federal law to have any firearms when you have a restraining order against you. I have seen ATF prosecute a case where the person had a shotgun in his car when he was pulled over by a municipal PD,

http://www.atf.gov/files/publications/download/i/atf-i-3310-2.pdf

 

[lonehoosier]

bull

Is someone racing to the classifieds

 

[BehindBlueI's]

You are not allowed by Federal law to have any firearms when you have a restraining order against you. I have seen ATF prosecute a case where the person had a shotgun in his car when he was pulled over by a municipal PD,

http://www.atf.gov/files/publications/download/i/atf-i-3310-2.pdf

Again, with the caveat that its been served and he's had the chance to participate, as in attend a hearing. Its written right into the document you linked to. If the restraining order doesn't meet those requirements the federal law does not yet apply. At this point it hasn't been officially served, let alone a hearing attended, so he needs to get a copy of the restraining order and read it.

 

[Dirtebiker]

Note 8(a). Simply being served a restraining order doesn't automatically Brady disqualify you. I dealt with restraining orders for about 6 years while I was still on the street. I know how they work. Just read the paper, it will say if its the type that Brady disqualifies you or not right on it.

I'm assuming it will say if you ARE prohibited, but surely it won't state that you are NOT!?