Guns & Restraining Orders

Restraining Order SPECIALISTS, AttorneyS At Law

What about guns and restraining orders?

Restraining orders are not criminal offenses but they do restrict ordinary rights in a variety of ways. Just as criminal charges and disorderly person’s offenses restrict a person’s second amendment rights, so too do final restraining orders. 

Handguns, rifles, shotguns, and all other firearms cannot be purchased, controlled, or possessed by anyone with a final restraining order.  A defendant also cannot possess or obtain a firearms purchaser identification card or permit to purchase a handgun, such as a pistol or revolver. Defendants with a final restraining order must immediately surrender any weapons (including knives, firearms and other weapons) to law enforcement. 

What should I do with guns I already own after a final restraining has been signed? 

You may either sell them, store them with a licensed gun dealer or law enforcement agency or surrender them to law enforcement. 

How long are my gun rights taken away from a restraining order? 

These bans on firearm possession last as long as the restraining order is in effect, with a two year minimum. This means that if the final restraining order is in effect for a shorter duration than two years, the restriction is still in effect for two years. 

Does a temporary restraining order (TRO) or emergency protective order mean I have to turn in my guns?

It depends. By default, it does not but the defendant may request that the judge who writes the order to limit access or ownership of weapons such as firearms. 

If the TRO is dismissed, will my firearms be returned?

Once the TRO is dismissed, law enforcement must hand all weapons and permits over to the county prosecutor and should be returned within 45 days unless an appeal is filed. If an appeal is made by the court not to return the items the court must hold a hearing in 45 days to adjudicate the matter. 

Weapons and paper will be returned if three criteria are met

  1. The defendant does not have any disabilities that preclude firearm ownership
  2. The complaint was dismissed by the prosecution
  3. The original reason for the TRO no longer exists. This may be because of lack of evidence, a not guilty verdict or there is no longer any cause for concern over domestic violence. 

The firearms licensing statute sets forth the criteria that constitute disability and inform the legality of gun ownership. They are as follows:

  1. Conviction of a crime or disorderly person’s offense
  2. Addition to drugs
  3. Institutionalization or hospitalization for mental illness
  4. Alcoholism
  5. Disease or disability making firearm ownership dangerous
  6. Restraining order
  7. Inclusion on a terrorist watch list
  8. Safety risk to the public

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