restraining order?

Discussion in 'Legal and Activism' started by darkdagger, Sep 27, 2013.

  1. darkdagger

    darkdagger New Member

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    I've had and owned guns for over 20 years. I've also never been in trouble with the law, and severed my country in the military. anyway I testified against somebody in a child abuse case and that person for a restraining order on me. now I can't own guns anymore. my ?'s are I gave two of my guns to a friend months ago because I owed him money, he never transferred then into his name because I keep most of my guns in his safe because we shoot together all the time. now will he be able to keep those guns? and second ? is what happens if I can't find one of the guns? I've moved around Alot but can't locate it. I've already handed over all the ones where I live.
     
  2. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    In what state? Do you and your friend reside in the SAME state?
     

  3. darkdagger

    darkdagger New Member

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  4. winds-of-change

    winds-of-change The Balota's Staff Member

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    Will you ever be able to get your guns back when the restraining order expires?
     
  5. FrontierTCB

    FrontierTCB Active Member

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    Good question. It may be worth a consult fee with an attorney.

    Also, why would they issue an order AGAINST you when you were a witness against a suspect? Does not compute, but it is N.J. lol
     
  6. danf_fl

    danf_fl Retired Supporter

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    The legal advice sought in an open forum is worth every penny you pay for.
     
  7. gr8oldguy

    gr8oldguy New Member

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    There's more to this story than you testifying against someone in a court of law.
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    Not to give you a short answer- but YOU need a LAWYER with a license to practice in YOUR state.

    There are 50 states, and 51 sets of gun laws. An answer that would be accurate in Virginia will be GUARANTEED wrong in New Jersey.

    In most of the US there is (despite popular belief) no registration of ordinary firearms. When you bought it from a dealer, that did not trigger registration with some Federal agency.

    A person that has lost the right to possess arms may still legally OWN them- they may not possess them. There is a legal difference. Such as person may sell or give a firearm to another, so long as THAT person is able to legally possess a gun. If transferring ownership across a state line, it must go TO a Dealer in the home state of the recipient.

    Now, go talk to a lawyer.
     
  9. JTJ

    JTJ Well-Known Member Supporter

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    C3 is right. Find a very aggressive attorney and try to get the order rescinded. Also sue the snot out of the person that put the restraining order against you. Make them pay for infringing your civil rights.
     
  10. Overkill0084

    Overkill0084 Active Member

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    Call a lawyer. It sounds like you are getting it without lube. Your rights are no small matter and this needs to be handled correctly.
     
  11. msup752

    msup752 New Member

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    I don't live in your state but here, they are called PPO's (personal protection orders). They are almost always issued ex parte without a hearing ( judge only hears one side of the case). The judge may prohibit the respondent from purchasing or possessing a firearm. It may be a federal issue if the Brady Law firearm prohibitions exist (PPO issued due to domestic violence). Store your guns elsewhere so you do not have possession of them. If the PPO was issued ex parte, you should have a right to challenge it. PPO's are almost worthless. A piece of paper will not stop someone from harming you. The ones it does stop are usually the ones who would be nice if you asked them to. Here they are used as instant eviction notices. I had an officer I worked with go on suspension as his neighbor got a judge to issue a PPO against him and no firearms was one of the conditions. I read a PPO deposition was that a woman felt threatened because a co worker asked her out on a date in the parking lot and that scared her. I had to tell him he had to find another job or contest it because he was now prohibited from his workplace as long as she was there. And, I work with another officer who was shot in the head while investigating a prowler who was actually an estranged husband trying to kill his wife after driving half way across the USA and violating the PPO! I still don't have a good answer on why PPO's are legal. A judge who issues them near where I work said they are legal. She didn't buy the constitutional rights argument. The respondent looses his/her rights when he/she threatens, stalks, beats, or harasses the petitioner. I'm off my soapbox now. Appeal the protection order and store the guns out of your possession until the order is gone. If you lose the appeal, you still don't have to sell the guns. Wait the order out as most are only 6-12 months long. Some people piss the judges off and it becomes much longer!

    Like others have said. Get an attorney to get the best advise and results.
     
  12. darkdagger

    darkdagger New Member

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    the person thought the restraining order would stop me from being a witness and it was her way of paying me back
     
  13. darkdagger

    darkdagger New Member

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    also in nj you don't have to do anything all the person has to say is she's afraid of you and 90% of the time they win. but my to?s are does my friend I gave the one gun to get to keep it? and the second if I can't find on of the guns what does the cops do about that?
     
  14. partdeux

    partdeux Well-Known Member

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    why do people not consult with experienced and competent attorney's when they get into a bind?

    GO GET AN ATTORNEY, preferably one that is 2A savvy.
     
  15. JWagner

    JWagner New Member

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    One way to get legal advice or help is to call your local bar association and get a consultation with a local lawyer. I did this a few months ago and it cost me $35 for the consultation. Problem solved shortly thereafter.
     
  16. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    my best suggestion is the same as others. get an attorney, a good one!

    going on a forum looking for legal advice usually will get you either in more trouble, or it's usaully worth exactly what you pay for it!

    the best legal advice is get an attorney and the faster the better.
     
  17. darkdagger

    darkdagger New Member

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    yes I went to lawyer and its a$5000 retainer because how tough these laws are in nj and its hard to prove somebody is afraid of you.I just was wondering if anybody could answer those 2 ?'s
     
  18. Fathead00

    Fathead00 New Member

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    Did you go to court about the restraining order.?? A restraining order is a two step process. First step is a ten day temporary restraining order and then the second step to make it final/permanent the judge has to go over the evidence.
     
  19. Vikingdad

    Vikingdad New Member

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    $5000 may seem like a lot of money but when you compare that to what you would be paying if you are found in possession of a firearm I believe you would take the $5000 expense rather quickly.

    Shop around for a 2A savvy attorney. Sometimes you can find one who can help you out for a lot less than $5000. Here in CA we have the Calguns Federation. Maybe there is something similar in NJ that can direct you to a lawyer in NJ?

    Get a lawyer!
     
  20. Wiseman3

    Wiseman3 New Member

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    I'm no lawyer but I play one on TV...... Ok it was a high school play......... Ok it was in my friends backyard and we were 11......ok it was yesterday... But I digress go get a real lawyer. One of those fancy ones that went to an actual college and wear suits and junk. As tempting as it is to trust the guy in the leather suit and snake skin boots, don't. That only works in movies.