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Domestic Violence Restraining Orders Lawyers

 
Legal Topics > Family > General/Other - Family > Restraining Orders

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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Related Articles:
•  Information for Restrained Persons
•  Protection Order Lawyers
•  Restraining Orders and Traveling or Moving to a New State
•  Protection Order Lawyer
•  Full Faith and Credit Clause for Protection Orders
•  Kinds of Restraining Orders
Related Forums:
•  Family Law Forum
Related Blogs:
•  Family Law Blog
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