Gun Rights In a Protective Order Case are suspended when someone files a PO against you. This includes those cases in which the protective order is false and you are defending against bogus restraining order. Protective orders, also known as restraining orders. They are intended to protect individuals from abuse, threats, harassment, or stalking. The specifics of the order can impact Gun Rights In a Protective Order Case.
Types of Protective Orders and Firearm Restrictions
There are different types of protective orders in Tulsa County, and each has its own restrictions on firearms.
Emergency Protective Orders (EPO):
- Immediate Protection: An EPO can be issued quickly to provide immediate protection for the petitioner. The court often grants it without a hearing and without notifying the respondent (you).
- Firearm Restrictions: Typically, an EPO does not immediately require you to turn in your guns, but it may set the stage for more permanent restrictions at a subsequent hearing.
Final Protective Orders:
- Hearing Required: A final protective order is issued after a court hearing where both parties can present evidence and testimony.
- Firearm Restrictions: The court can include specific provisions in the final protective order that require you to surrender your firearms. This decision is based on the evidence presented and the perceived threat to the petitioner.
If you have any questions about what exactly a protective order will entail, contact a criminal defense attorney for help.
Legal Basis for Firearm Surrender
Under federal law (18 U.S.C. § 922(g)(8)), individuals subject to certain protective orders cannot possess firearms and have to turn them in. These orders must meet specific criteria, such as:
- The order was issued after a hearing where the respondent had an opportunity to participate.
- The order restrains the respondent from harassing, stalking, or threatening an intimate partner or child of an intimate partner.
- The order includes a finding that the respondent represents a credible threat or explicitly prohibits the use of physical force.
Oklahoma law does not have a blanket requirement that individuals subject to protective orders must surrender their firearms. However, judges have the discretion to include firearm restrictions in protective orders based on the circumstances of each case.
Complying with Firearm Surrender Requirements
If a court issues a protective order against you, read it carefully to understand any specific provisions related to firearms. Always understand that a protective order is considered a quasi criminal case so it is treated specially. If the order requires you to surrender your firearms, contact your local law enforcement agency for instructions on how to do so. Afterwards, obtain a receipt or proof of compliance from law enforcement to demonstrate that you have surrendered your firearms as required.
However, some jurisdictions allow you to store firearms with a third party, such as a licensed firearms dealer, instead of surrendering them to law enforcement. Check with your attorney or local authorities for permissible options.
If you believe the firearm restrictions are unwarranted or excessively burdensome, you can file a motion with the court to request a modification of the protective order. Your attorney can help you with this process.
Consequences of Non-Compliance
Failing to comply with the terms of a protective order, including requirements to turn in your guns, can result in criminal charges. This can lead to fines, imprisonment, and further legal complications. Non-compliance can also result in being held in violation of a VPO and contempt of court, which carries additional penalties and can negatively impact your legal standing in related matters.
Protective Order Defense Lawyers Near You
In Tulsa County, Gun Rights In a Protective Order Case are suspended in most cases. This means you have to turn in your guns if someone files a protective order against you. While Oklahoma law allows judges to include firearm restrictions in protective orders, federal law mandates firearm prohibitions for certain protective orders. If you believe the restrictions are unfair, you can petition the court for a modification with your attorney’s assistance.
Our team here at Tulsa County Lawyers Group will guide you through the process and ensure you’re in full compliance. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
