Can a Person Have a Firearm while a Restraining Order Placed on them is in Effect?
No, a restrained person cannot have a firearm while the restraining order is in effect. A firearm is any type of handgun, rifle, shotgun or assault weapon. What Should a Restrained Person Do if He Owns or Possesses a Firearm?
A restrained person must do one of the following: - Sell the firearm to a licensed gun dealer; or
- Turn the firearm into local law enforcement for holding until the restraining order ends. Some law enforcement agencies may charge a storage fee for holding the gun.
After a Restrained Person Turns in a Firearm for Holding, Can He Sell it?
A restrained person who first turns in a firearm for holding can make one sale to a licensed gun dealer. A bill of sale must be presented to the local law enforcement agency and the firearm will only be released to the licensed gun dealer. What Happens if a Restrained Person Fails to Obey the Restraining Order?
If a restrained person does not obey the restraining order, he can be arrested. He can be ordered to serve jail time or pay a fine. Do I Need a Lawyer for my Restraining Order Issue?
Given the sensitive and serious nature of restraining orders it is probably wise to consult an experienced family lawyer. A family lawyer can inform you of your rights and preserve any possible remedies you might have. |
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