The Effects of Fighting a Restraining Order on Gun Ownership

When you are served a restraining order (usuallyor its type doesn't matter, and you can still end
by police officers or other appointed official suchup with a five year jail sentence for violation of
as a county sheriff), your place of residence willthe restraining order's terms.
be searched. They will be looking for firearms or3. Being in close proximity to a barred item is
entitlement licenses, which will be confiscated. Theconsidered a violation.
reason for this is that:If you visit a sibling's home, or visit your buddy
Until a restraining order is cleared from yourwho has a gun, this can be called in as a violation.
name, it's against Federal Law 18 U.S.C. 922(g)(8)Make sure you check if they have firearms in
(the Lautenberg Amendment), to purchase,their home before visiting, it's an easy way to get
acquire, or be in possession of firearms,caught out.
ammunition, or other dangerous weapons, e.g.,4. Your job may be in danger, depending on your
swords, grenades, explosives, etc. Any violation ofstate of residence.
this law is a criminal offense.Some American states have a wider claim on
It's also prudent to be aware that this restrictionwhat they call "dangerous materials", and ban
applies until all the involved agencies clear thepeople fighting a restraining order from being
restraining order from your name - it's not justaround hazardous chemicals. For example, if
enough to have the paperwork that says theyou're a trucker you may find your license is
allegations are without merit and the order norevoked. This can, and has, meant that fathers
longer applies.simply lose their jobs the moment divorce
No matter if you're fighting a restraining orderproceedings are lodged and a restraining order
against allegations which prove to be completelyfiled as a tactical maneuver to increase payment
phony, violations carry a five year minimumand prevent access to children.
conviction term.On the other hand, some judges in Colorado have
One of the biggest problems when fighting aexempted a few individuals from on-duty use of
restraining order, such as when you're trying tofirearms due to the nature of their profession.
win a custody battle as part of divorceThis started in 2008, but can't be relied upon to
proceedings, is that no one explicitly warns thebe applied consistently or fairly across into your
named recipient of the finer details of thesehome state - or even within Colorado itself!
restrictions. A few interesting facts which thoseUltimately, it varies on your state and the judge's
fighting a restraining order might want to knowdecision about whether your gun ownership is
about:limited.
1. Barred items include ceremonial and/or5. Storage of any confiscated firearms needs to
collector's items.be with an approved person.
So decorative swords or guns placed about yourThese include: an attorney, with the police or
mantle come into this category.sheriff, or with an approved firearms dealer. You
2. What is considered a "firearm" varies state bycan't simply surrender them to a buddy's for
state.storage, even if he or she is is a recognised
Generally, federal law allows for black-powder,position of power. The transportation and
muzzle loaders, and any gun manufactured beforecollection of the confiscated firearms is also
1895 to be exempt from this law. They are notprohibited to fathers who are fighting a restraining
considered firearms. However, certain states inorder, so make sure you arrange for someone
the USA do not follow the same understanding -else to do this part for you too.
in Colorado, for example, the age of the weapon