Sports-and-Recreation When you are served a restraining order (usually by police officers or other appointed official such as a county sheriff), your place of residence will be searched. They will be looking for firearms or entitlement licenses, which will be confiscated. The reason for this is that: Until a restraining order is cleared from your name, it’s against Federal Law 18 U.S.C. 922(g)(8) (the Lautenberg Amendment), to purchase, acquire, or be in possession of firearms, ammunition, or other dangerous weapons, e.g., swords, grenades, explosives, etc. Any violation of this law is a criminal offense. It’s also prudent to be aware that this restriction applies until all the involved agencies clear the restraining order from your name – it’s not just enough to have the paperwork that says the allegations are without merit and the order no longer applies. No matter if you’re fighting a restraining order against allegations which prove to be .pletely phony, violations carry a five year minimum conviction term. One of the biggest problems when fighting a restraining order, such as when you’re trying to win a custody battle as part of divorce proceedings, is that no one explicitly warns the named recipient of the finer details of these restrictions. A few interesting facts which those fighting a restraining order might want to know about: 1. Barred items include ceremonial and/or collector’s items. So decorative swords or guns placed about your mantle .e into this category. 2. What is considered a "firearm" varies state by state. Generally, federal law allows for black-powder, muzzle loaders, and any gun manufactured before 1895 to be exempt from this law. They are not considered firearms. However, certain states in the USA do not follow the same understanding – in Colorado, for example, the age of the weapon or its type doesn’t matter, and you can still end up with a five year jail sentence for violation of the restraining order’s terms. 3. Being in close proximity to a barred item is considered a violation. If you visit a sibling’s home, or visit your buddy who has a gun, this can be called in as a violation. Make sure you check if they have firearms in their home before visiting, it’s an easy way to get caught out. 4. Your job may be in danger, depending on your state of residence. Some American states have a wider claim on what they call "dangerous materials", and ban people fighting a restraining order from being around hazardous chemicals. For example, if you’re a trucker you may find your license is revoked. This can, and has, meant that fathers simply lose their jobs the moment divorce proceedings are lodged and a restraining order filed as a tactical maneuver to increase payment and prevent access to children. On the other hand, some judges in Colorado have exempted a few individuals from on-duty use of firearms due to the nature of their profession. This started in 2008, but can’t be relied upon to be applied consistently or fairly across into your home state – or even within Colorado itself! Ultimately, it varies on your state and the judge’s decision about whether your gun ownership is limited. 5. Storage of any confiscated firearms needs to be with an approved person. These include: an attorney, with the police or sheriff, or with an approved firearms dealer. You can’t simply surrender them to a buddy’s for storage, even if he or she is is a recognised position of power. The transportation and collection of the confiscated firearms is also prohibited to fathers who are fighting a restraining order, so make sure you arrange for someone else to do this part for you too. About the Author: 相关的主题文章: