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If there is a restraining order on a person can they possess a gun?
Wiki User
∙ 10y ago
This is a very difficult question to answer because of the enormous differences in state laws.
Under federal law, there are two situations that make it illegal for the abuser to buy, own or have a gun in his possession:
First, if the abuser has been convicted of a felony or a domestic violence misdemeanor, s/he can never legally buy, own or have a gun. The only exception would be a military issued weapon given while serving in the military.
Second, if you have a final order of protection or restraining order the abuser cannot buy, own, or have a gone in his/her possession during the duration of the order.
This is a federal law which all states should abide by, but as with many cases different states have their own set of rules that may be stricter, or less strict.
In a handful of states you are ordered to relinquish all firearms, but in most of the country that is not the case. Usually it is up to the discretion of the judge who is signing the order.
You should check the state where you reside to see what the law requires or will allow.
Wiki User
∙ 10y ago
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Can you own a gun with a civil court restraining order in California?
Own it yes, possess it no. Buy a new one, no. Some courts have issued standing orders to surrender your fire arms till the matter is decided.
Can a person own a gun if under indictment?
Indictment for a felony- you may not POSSESS a gun.
Can a person with a felony E conviction hunt with a gun on private land in N.Y state?
The short answer is, if you are a felon, you can't own or possess a gun.
In Texas can a DWI felon possess or own a hand gun or long gun in his household for protection.?
Generally speaking, no. If a person is a felon, they cannot normally own guns unless the person's gun rights have been restored.
What does it mean if ex rides by your house slowly?
Be aware of it, take the necessary pre cautions and if it gets out of hand get a restraining order
What makes a gun illegal?
That's a very vague and general question. A gun is "illegal" if it is stolen, if it is in the possession of a person not legally allowed to possess a gun, or if it violates a local state law.
Who can have a gun in the us?
In the US, you may possess a firearm if you are an adult, do not have a history of drug addiction, mental illness, a criminal record, and are a legal resident of the US. If a US citizen, you may not have renounced your citizenship, may not have been dishonorably discharged from the military, and not be under indictment for a felony, a fugitive from justice, nor under a court issued restraining order.
Can you own a gun with a protection order if it's not a domestic partner?
If there is an active restraining order against you, then you may not.Added: The law doesn't say that you can't retain "ownership" of it, just that you may NOT have possession of it, or access to it.
Can a felon possess a gun?
Absolutely not. A felon may not purchase, possess, or have access to firearms.
Can you own a gun in Texas as a felon if your conviction is from another state?
The federal Brady Law prohibits federally-licensed gun dealers from selling firearms to, among others, persons convicted of any felonyxvi or a domestic violence misdemeanor.xvii Persons subject to a domestic violence restraining order also are prohibited from possessing guns.xviii A March 1999 federal district court ruling in rural Texas found that a defendant's rights under the Fifth Amendment were violated because he was not notified that the domestic violence restraining order issued against him made it illegal for him to possess a gun. The decision implies that domestic violence offenders subject to restraining orders should be notified that they are prohibited from possessing guns. The ruling is under appeal. Some observers have noted that some judges may be issuing fewer domestic violence restraining orders because they do not want to confiscate guns. The problem appears to be more prevalent in rural areas -- although there are no studies on the issue yet. The International Association of
Is having a gun found in your car by the police a violent crime?
By itself, no. However, if you are a prohibited person (felon, under a restraining order, mentally incapacitated, drug addict, etc.), it will be a crime. It will also be a crime if you are in the process of committing another crime, like fleeing police.
In Minnesota can a felon ever possess a hand gun?
Felons cannot own or possess gun in any U.S. state, unless the felons rights have been restored.
