person served a restraining order

[Dirtebiker]

Thanks for the input. He had not officially been served yet. However it is believed the new friend may be in posesion of his hand gun he filed a stolen or missing gun report with the Police department today. He has a lawyer he was going to ask the question to as well but since he has received vague threats and his gun was stolen he was asking about getting another gun and I don't want him to get in trouble or someone else who may sell him a gun as a replacement. The concern is knowingly transfering a firearm to a prohibited individual. Thanks again everyone. I feel bad for the guy but I want to keep him out of trouble and anyone else.

How can you get in trouble for "knowingly transferring a firearm to a prohibited individual" if you aren't "knowing"?

 

[in625shooter]

Again, with the caveat that its been served and he's had the chance to participate, as in attend a hearing. Its written right into the document you linked to. If the restraining order doesn't meet those requirements the federal law does not yet apply. At this point it hasn't been officially served, let alone a hearing attended, so he needs to get a copy of the restraining order and read it.

We can stipulate all day. The person might not have been "served" or attended a hearing to have it read sure. My point is once it is active you are hit. Years ago I worked for the US Marshals service and have seen the ATF push for and the US Attorney's Office prosecute for possession on a restraining order. I had to pick him up and sit in court while he made his appearance. I will add for them to try to prosecute there is usually another issue there but there doesn't have to be. The mere possession of a firearm is enough.

There have been clauses written in as well for Military folks that "allow" them to handle/use Government issue firearms while on duty only as well. Case by case basis.

 

[in625shooter]

How can you get in trouble for "knowingly transferring a firearm to a prohibited individual" if you aren't "knowing"?

Agree with it or not my position is this. Is a 600.00 firearm worth getting himmed up over? For me I'd go through the motions to get the order quashed and move on down the road.

 

[Dirtebiker]

Agree with it or not my position is this. Is a 600.00 firearm worth getting himmed up over? For me I'd go through the motions to get the order quashed and move on down the road.

I agree. My point being, if someone sold or lent him a gun NOT knowing anything about a restraining order, they surely have done nothing wrong.