Can I obtain a firearm after having a restraining order filed against me in the past? - Criminal Law Questions and Answers- LawQA.com

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Can I obtain a firearm after having a restraining order filed against me in the past?

I am in the military and am trying to buy a gun but I have been denied because 6 years ago my girlfriend and I got into an argument and she put a restraining order on me. We are now married and have had no problems I have never been arrested or convicted of any kind of domestic violence or any other violent crimes or felonies. Is there any way I can buy a firearm even if the restaring order has been lifted, and if not can I "possess" a firearm if I can not buy one I.E. my wifes gun?

Answer By Thomas Mueller
Law Office of Thomas F. Mueller
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California law does not prohibit gun ownership after a restraining order is over. However federal law might. I am not familiar with those code sections.

Answer Applies to: California
Replied: 1/4/2011

Answer By Terry Nelson
Nelson & Lawless
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Under federal and state law, you are prohibited for life from owning or possessing firearms or ammunition if you have been convicted of a felony, had a restraining order against you, or been committed to a mental institution. You risk felony conviction by simply being in the presence of firearms in a home, business or vehicle.

Answer Applies to: California
Replied: 1/3/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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If you have no convictions (and we are speaking of California and the California Penal Code here) and do not currently have a restraining order against you, you should be able to buy a firearm. You can definitely legally own one (if the Restraining Order is expired). You should definitely check with the Clerk's Office of the County in which the Restraining Order was filed to make sure not only that the order has expired, but that the fact was abstracted (sent electronically) to the State of California Department of Justice. You DOJ rapsheet (or CLETS archive) is what is used when your DROS is processed. If an Emergency Protective Order (EPO) was issued, it may be possible to get that record expunged. You would definitely need a very proficient attorney for that task.

Answer Applies to: California
Replied: 1/3/2011

Law Office of Eric Sterkenburg
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You can own a firearm after the restraining order has been lifted. you need to show that all agencies involved in the order know that it is lifted and no longer in effect.

Answer Applies to: California
Replied: 1/3/2011

Answer By Tomas M. Flores
Tomas M. Flores, Esq.
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Most restraining orders are for 3 or 5 years. If 6 years have past, the order should be lifted. The best way to go about this is to have the petitioner (your wife) go to court, and ask the judge to lift the order with prejudice. Call the court clerk before you go and ask to be put on calendar. The best way, of course, is to hire an attorney who practices restraining order law.

Answer Applies to: California
Replied: 1/3/2011

Answer By Ryan P. Murphy
Law Offices of Ryan P. Murphy
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You need to go back to court and have the restraining order lifted. Normally, restraining orders are lifted after a specified time if no charges were pressed against you.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.

Answer Applies to: California
Replied: 1/2/2011

Robert Mortland
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You would have to clear up the restraining order that your wife put on you years ago before you can possess a firearm. It sounds like the court still has the restraining order in effect.

Answer Applies to: California
Replied: 1/2/2011

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