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-   -   Question for ffls (http://www.firearmstalk.com/forums/f97/question-ffls-100721/)

F4U 11-24-2013 04:07 AM

Question for ffls
 
When I got divorced my wifes lawyer filed a temporary restraining order, probably just his usual practice totally unnecessary in our case. She didn't even move out until a month after the divorce was final.

Reading the order it seems like it is just general guidelines for both of us,
Don't take any money out of an account, don't open new credit accounts etc.

My question is, I haven't purchased a gun from a dealer in probably 12-15 years, if I purchase a new gun will this restraining order show up in the background check and will it prevent the purchase.

MisterMcCool 11-24-2013 04:11 AM

I expect it would not show on the NICS check. It is, however, illegal to falsify information on the form.

F4U 11-24-2013 04:49 AM

Quote:

Originally Posted by MisterMcCool (Post 1439042)
I expect it would not show on the NICS check. It is, however, illegal to falsify information on the form.

It has been so long that I don't even remember what the form says, the last time I bought a gun from a dealer was 2001, I think. I wouldn't want to falsify anything because it would probably come back to bite me in the end.

MisterMcCool 11-24-2013 04:57 AM

Question 11h...

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

Vikingdad 11-24-2013 05:00 AM

This is what the question on Form 4473 says:

Quote:

h. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner o
r child of such partner?
The standard restraining orders issued in divorces are not applicable. In any event, if the divorce is already finalized, you are no longer under that restraining order because all of the community property has already been divided by the Court. I would say you are good to go , but I am just some schlub on the internet, not a lawyer or an FFL.

robocop10mm 11-24-2013 06:32 AM

SOP in divorces. A restraining order is far different from a PROTECTIVE ORDER. A restraining order (in most jurisdictions) has NO bearing on firearms purchases.

artbrownsr 11-24-2013 06:57 AM

Quote:

Originally Posted by Axxe55 (Post 1439119)
i think this restraining order is more so that you don't stash cash or liquidate assets to decrease the amount of property your spouse gets when everything is split up by the court.

i would ask your attorney just to be on the safe side.

+1 Axxe, re the asking your attorney!

JW357 11-24-2013 07:27 AM

That an interesting situation. I'm sorry you're going through all that.
Sounds like you're getting good advice though.

c3shooter 11-24-2013 12:53 PM

Asking atty is a really good idea. And read the instructions on the back of the 4473 for question 11 H.

The order referred to is an order to cease harassing, stalking, etc- AND one that you had the opportunity to participate in the hearing.

Does not sound like what you described.

danf_fl 11-25-2013 10:34 PM

In my experience, asking for free legal advice from a bunch of people in a forum is worth just as much as you pay for it.
Nothing.

Could such solicited advice hurt you?
There is a good possibility what is considered legal where I am at is not in another state. (Reference California vs. Florida on the subject of Gun Laws)


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