Protection Order

[Joey]

What gun rights does one have once a Protection Order IC 34-26-5 is placed on you????

can you sill carry???

can you go Hunting???

Any and all info will help TY

 

[Fargo]

What does the PO say? Many of them outright disallow you from possessing a firearm. What is the basis of the PO? I'm assuming it is a civil PO and not a NCO pursuant to a criminal case.

Joe

 

[Leonard_Lawrence]

None.

Prohibit a respondent from using or possessing a firearm, ammunition, or a deadly weapon specified by the court, and direct the respondent to surrender to a specified law enforcement agency the firearm, ammunition, or deadly weapon for the duration of the order for protection unless another date is ordered by the court.

Indiana Code 34-26-5

 

[Joey]

says this.....

PURSUANT TO 18 U.S.C. 922(g), ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF THE PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM THE RESPONDENT RESIDED WHILE IN AN INTIMATE RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS A CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY

.....

 

[ArmyMP]

you still have rights till you go to a hearing on it. They also dont take effect till you are served with it..... Dodge it the best you can and you can do anything you want... I dodged one for 2 years rom my ex wife.... now it expired..... Just dont get dumb

 

[Joey]

alredy served....It says I have a right to REQUEST a Hearing on the Issues of case

 

[ArmyMP]

then do it...... until that hearing you retain your firearms

 

[ArmyMP]

Do you mind sharing the details of the PO? why it was served?

 

[pathfinder317]

I'd get a lawyer and make sure he explains every single aspect of the protective order and firearms , and if there is a court hearing , do NOT go in without a lawyer.

 

[hoosiertriangle]

I don't think this is correct. I think technically since you have been served, maintaining possession of your firearms is a violation of the court order which is bad juju at your hearing. This would be the time to contact a licensed attorney and have them tell you what you can and cannot do. In matters like these, you have to comply first with the order and argue about it later. You don't get to argue first and then comply.

then do it...... until that hearing you retain your firearms

 

[ArmyMP]

No if you challenge the protective order... you retain all your rights till the hearing decides


Indiana Code

ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF THE PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM THE RESPONDENT RESIDED WHILE IN AN INTIMATE RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS A CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY
SUBJECT THE RESPONDENT TO FEDERAL CRIMINAL PENALTIES UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.

 

[Joey]

Do you mind sharing the details of the PO? why it was served?

From the paper....

"The petitioner has shown, by a preponderance of the evidence, that domestic or family violence has occurred sufficient to justify the issuance of this order"......

B.S.

 

[dukeboy_318]

well, my advice is also to contact a lawyer, not sure where you are located but if you close to columbus, i can reccomend a few good ones that know their stuff

 

[mike8170]

I have to agree with ArmyMP, I see no way that your Constitutional (see: God Given) rights can be taken away on a whim since another "party" saw to file a protective order, without any type of hearing that would allow a judge to hear both sides of the story and make a decision based on the statements of both parties. Personally, I feel that PO's are useless, and in some cases are used for the sole purpose of being an irritant.

 

[Joey]

well, my advice is also to contact a lawyer, not sure where you are located but if you close to columbus, i can reccomend a few good ones that know their stuff

You got a phone # I can call ya..cant do pm's here till I get 15 post!!!!!!

 

[rich8483]

You got a phone # I can call ya..cant do pm's here till I get 15 post!!!!!!

you could always go to the banhammer thread, the status update thread or any other of the threads in the break room and just post whore till you get 15 posts.

 

[techres]

The Lautenburg ammendment is unconstitutional but still law. Get a lawyer and do not turn a restraining order into a criminal violation. If you do have to get rid of the guns for a period of time, see if you can store them at another person's place that you trust.

 

[hbarn]

Does appliy to police officers?

 

[minuteman32]

Bryan Ciyou, 317-972-8000. Attorney in Indy & wrote the book, "Indiana Handgun Law".
Good luck.


My understanding is that it does apply to LEO's as well, too.

 

[pathfinder317]

Thats the lawyer he shoud contact , he is in Noblesville , when it comes to guns , Bryan is the man !