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restraining order against a customer

Old_Me

Ronin
i was at the mom/pop gun and bait store, Friday morning, when the owner called over the manager. he wanted "confirmation" of a gal's date of birth, as he was running the NICS check.

now mind you NO name was spoken, it was rather protective of her privacy, other than that it was a gal.

seems she has (or had) a restraining order against her.

many possibilities as to why, so that door is open to opinions.

my thought(s) are, that when you fill out the 4473, it DOES ask if you have a restraining order..

h. Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?

but, i'm sure there are(??) other types of restraining orders....??

are restraining orders removable or have an "end date"..??? even so, does that still stay with you forever and ever..???

so without any more knowledge of her particular situation, if it were YOU, and YOU had a restraining order against YOU, would you chance applying for a gun purchase, as "restraining order" still pops up..????

i know i wouldn't, unless my lawyer said, "all is good to go for the rest of your life"

i did not ask any questions of the owner or the manager, that wasn't my business.....just asking here.

thanks in advance
 
Depends on juristdiction.
In a Domestic Violence Order of Protection or Restraining Order, the length of time could be active immediately from a period of days to weeks in duration, and longer until such is finally adjudicated. If an active period is for a 30 day duration, it allows time to process a court case, and also depends on the allegations. An outcome varies but can be active for up to a year and renewable through court petition. These DV cases are mostly of criminal in nature pertaining to physical violence, but harassing DV (civil) is also included and reportable in a NCIC/LEADS inquiry. There are jurisdictional boundary limits but it’s still technically a RO.

There are civil restraining orders, like between neighbors, or property disputes or workplace. Just about anyone can be subject to court order on a summons for any harassing behavior.

Some people may not even know they have a RO against them because they ignored notices, moved with no forwarding address, or otherwise still unable to be personally served.
It may be the situation you observed, in that case she would need to visit the local courthouse and determine what the matter concerns, the particulars of the RO and it’s duration. Then meet the criteria to satisfy the court. These do not just go away because either or both parties become disinterested.

Bottom line - RO’s are limited until the matter is adjudicated. DV conviction however would put a permanent damper on any firearm purchase.
 
The Lautenberg Amendment passed 30 years ago is a federal law that prohibits persons with domestic violence convictions, or an active injunction for protection against domestic violence, from possessing a firearm or ammunition. Injunctions are entered in the data bases the same as convictions so it will pop up in an NICS check. The portion of the law relating to injunctions disability was overturned by a federal appeals court in Texas in February but only pertains to federal law. Many states mirrored the federal law and may still prohibit a person with a domestic violence injunction from possession of a firearm. Expect the law to go to higher court review in the future, there are a lot of people who think Lautenberg is a good idea. Anyway that's why it is on the form.
 
I am not quite sure, but if any RO shows up, no matter what’s it for, sale is probably denied
well that's what i was thinking, but wasn't sure. as posted above by @Area52 , RO's can be from neighbor to neighbor, so not necessarily domestic violence....child abuse, etc. although on the 4473 form it does not list all the RO's just those few.

it was not the first time i'd be at any LGS and hear the salesman say to the customer he was denied, but no reason was given, and that he'd (the customer) would have to call his local PD.

it was the first time however, to hear about an RO, which led me to question limits of time, life long, etc.
 
well that's what i was thinking, but wasn't sure. as posted above by @Area52 , RO's can be from neighbor to neighbor, so not necessarily domestic violence....child abuse, etc. although on the 4473 form it does not list all the RO's just those few.

it was not the first time i'd be at any LGS and hear the salesman say to the customer he was denied, but no reason was given, and that he'd (the customer) would have to call his local PD.

it was the first time however, to hear about an RO, which led me to question limits of time, life long, etc.
Injunctions are issued with an expiration date, unless a judge has decided to make it permanent
 
Some people may not even know they have a RO against them because they ignored notices, moved with no forwarding address, or otherwise still unable to be personally served.
Only the temporary kind issued by a police department ( 30 days). In order for a court ordered order of protection to be filed you would have had to have been served and you or your attorney would have had to appear in court.
 
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