You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #35: I'm also curious about these "orders of protection" [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
Home » Discuss » Topic Forums » Guns Donate to DU
Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-01-11 06:12 PM
Response to Reply #17
35. I'm also curious about these "orders of protection"
Yes, the Lautenberg Amendment to the Gun Control Act of 1968 (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html">18 USC §922(d)(8)) prohibits individuals subject to restraining/protection orders from possessing firearms, but only if the protection order pertains to an intimate partner of that individual, or a child of the intimate partner and/or the individual himself. Moreover, for the prohibition to hold, the order has to have been issued pursuant to a hearing at which the subject had the opportunity to participate--temporary injunctions issued ex parte don't count--and the court had to find that the subject presented a credible threat of physical injury to the beneficiary of the order (threats of "mental and/or emotional harm" don't cut it).

It's fairly safe to say the overwhelming majority of TROs do not meet these criteria, and the individuals subject to them are therefore not prohibited from possessing firearms.
Printer Friendly | Permalink | Reply | Top
 

Home » Discuss » Topic Forums » Guns Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC