Restraining Order Question

[jrusling]

I would not worry about it. It takes nothing to file a restraining order. Some lawyers will file them in every divorce case they handle. As long as it if not in force, no worry.

 

[Buzzdraw]

Be careful not to knowingly run into a situation involving 21 O.S. 1290.11 (A) 8.

8. A court order for a final Victim Protection Order against the applicant, as authorized by the Protection from Domestic Abuse Act, or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, canceled or withdrawn;

Note the 60 day period following the vacated, cancelled or withdrawn part. Sometimes its smarter to just NOT make the sale.

 

[Fyrtwuck]

Some lawyers will file them in every divorce case they handle.

Yep, this is true. I got one filed against me in my last divorce. I asked the ex why and she said that it was part of what her attorney included with every divorce case she filed. My ex called the court clerk and told them to cancel it before the order was served, but I still ended up paying the filing fees.

 

[OKNewshawk]

It appears only a handful of states prohibit firearms possession or ownership if the person has a restraining order against them. I feel like you did the right thing if it helps you sleep at night.

While some states may allow firearms possession with a restraining order in effect, Federal law may prohibit it. I know, because I went through a two and a half year hell because of misreporting about a restraining order in New Jersey dating from 1989. It was vacated in 1992 but the local LEO that issued the initial "emergency" TRO did not have their files updated. They gave the FBI the wrong info and it wasn't until I had to review my divorce papers for another matter that I learned that the RO had been vacated by the judge that granted the divorce.

Now, you may not get into trouble by selling a gun to that person but if they have any open ROs they may be in violation of Federal law. If they are, even owning ammunition is a violation. Here is a PDF from the BATF with the explanation:
https://www.atf.gov/files/publications/download/i/atf-i-3310-2.pdf

 

[Dave70968]

Be careful not to knowingly run into a situation involving 21 O.S. 1290.11 (A) 8.

8. A court order for a final Victim Protection Order against the applicant, as authorized by the Protection from Domestic Abuse Act, or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, canceled or withdrawn;

Note the 60 day period following the vacated, cancelled or withdrawn part. Sometimes its smarter to just NOT make the sale.

Note the fact that it says Final order. Temporary orders are entered ex parte; it's not until the subject of the order has had the chance to answer his accuser that the order can become final.

 

[Dave70968]

While some states may allow firearms possession with a restraining order in effect, Federal law may prohibit it. I know, because I went through a two and a half year hell because of misreporting about a restraining order in New Jersey dating from 1989. It was vacated in 1992 but the local LEO that issued the initial "emergency" TRO did not have their files updated. They gave the FBI the wrong info and it wasn't until I had to review my divorce papers for another matter that I learned that the RO had been vacated by the judge that granted the divorce.

Now, you may not get into trouble by selling a gun to that person but if they have any open ROs they may be in violation of Federal law. If they are, even owning ammunition is a violation. Here is a PDF from the BATF with the explanation:
https://www.atf.gov/files/publications/download/i/atf-i-3310-2.pdf

My previous comment applies here as well. Note the first point: "Defendant/Respondent received actual notice and had an opportunity to participate."

 

[Spata]

I had someone offer to buy one of my guns, I did a check on them...and noticed he has had 3 different restraining orders...one as recently a January. They were all dismissed...but I decided not to sell to him. My question is for future reference...what is the law on gun ownership and restraining orders?

Sounds like he poked the crazy.