Will he be required to get rid of his gun?
Find answers to your legal question.
Will he be required to get rid of his gun?
|
My ex was abusive to me in the past, but always managed to plea down to disorderly conduct from domestic assault when he'd go to court because he had a good lawyer.
I got a 3 year restraining order against him, but it expired 2 months ago and I was unable to get another reinstated because he had completed anger management and the judge felt he was no longer a threat and he wanted us to give it a try without an RO because of my daughter. My ex started drinking again and was coming to my house harassing me and trying to get me to go to bed with him and I filed assault charges the other night because he kept groping me and wouldn't stop. His lawyer won't work with him this time and it looks like the charge is going to finally stick but I'm afraid because he has a gun that he will come back after me.
If convicted of a violent crime, will they confiscate his gun? Additional Details I live in TN
|
|

republican4life
|
Most folks here are pretty close to the correct answer. Except for Nicole Y that is. Dont listen to her she obviously doesnt have any idea what she is talking about. It is a FEDERAL law that says a felony OR a misdemeanor involving violence on your record takes away your privilege to buy or posses a gun. So also does getting a dishonorable discharge from the military.
That being said, Im not sure when the defendant is already a gun owner how each state goes about removing guns from their posses ion. Alot of states in the south (I live in AR) do not require guns to be registered so I dont see how they would know he owns a gun. You could tell them but he could always deny it. I do know that he will not be able to purchase or posses another gun after he is charged.
Im not trying to scare you but just because it is illegal for him to posses his gun doesnt mean that he will get caught with it. He would have to police a reason to be search him while he was carrying to get caught. So whether or not it is illegal is really irrelevant.
In my opinion you should go take a couple beginner handgun courses and your concealed carry course. Become very proficient with a gun with practice and proper instruction and it will become a very useful, and safe self defense tool. Do not depend on the police when your family is in danger. |
|

jack w
|
The Judge could order him to surrender all firearms. His possessing a firearm might be a violation of Federal law, depending on the domestic abuse arrest. Contact your local United States Attorney and ask. |
|

gomanyes562
 |
Yes, if he is convicted of a felony (or certain violent misdemeanors), then he is prohibited from owning or carrying a gun. |
|

Mr. Goodhi
|
I agree with Republican4life |
|

sweetie p
|
only if it is a felony and he is convicted.. |
|

TURANDOT
 |
Sounds like you do need a restraining order. Why hte heck was he so close to you that he groped you? |
|

Free Thinker
 |
It is aweful that they won't take actions against him and protect you and your daughter. They should throw his butt in jail and throw away the key! He is dangerous! |
|

Kara
|
That is so sad, I'm sorry for what is happening to you. But If I was the judge and I knew he had a gun I would take the gun away! But I wish you luck and I'll pray for you that this problem goes away and that you won't have anything to do with him. |
|

Desolater
|
no |
|

spkultr
|
get another r.o.
it doesn't matter what state you live in
it is a federal crime to possess a firearm while under a r.o.
they will arrest him, confiscate his firearms, and put him in a little room in tuscon, arizona or that supermax place in colorado. |
|

Acid09
|
I don't know TN law but in most states if you have a felony , of any kind, you can't own a gun. If you can get the DA or ADA to consider that your ex is a serious alcoholic and a threat to your and daughter's well being that should be enough to get his gun confinscated. But yeah I agree don't wait on this start doing something now before your husband comes back and does something worse. |
|

christina c
 |
ANYONE who has a felony(a violent crime) is not allowed to have a gun but i would go to the cops and tell them |
|

Astrolion
|
You didn't say what state you live in ? |
|

riordanjsca
|
Depends on the charge and the state your in.Does he have an foid card.?Has he ever been convicted of a violent felony.?They cant physically take his guns away.They can revoke his privilege to own and register a firearm and the next time he can be charged with that felony. |
|

Kevin C
|
Go down to your local courthouse and file for an ex parte order of protection. Explain everything to the commissioner and he will be ordered to leave you alone, and will not be permitted to own a gun.
If he is caught with the gun, he will go to jail and face some serious charges. If he contacts you or comes by your house, you can have him arrested.
Go now, don't wait for more answers, go now and get this done -- he will likely receive a phone call from a sheriff within the next hour or two telling him to leave you alone and to get rid of his gun. |
|

marine_semperfi_jarhead
 |
next time he comes over don't answer the door just call the cops. every time you talk to him it gives him hope there is still something there that he still has a chance get tough have him trespassed from your property and once you get enough of these reports you will have no problem getting another restraining order |
|

Rob
|
What state? If it's New York then yes, he migth have to surrender his license and firearm but only if it's a pistol. |
|

LaReinaPerez
 |
unfortunately, no. it would be unconstitutional (against the bill of rights) to take away his right to bare arms. it doesnt matter what state you live in, he will always have the right to carry a gun around. however, you should really really really try to get another RO. good luck, and NEVER go anywhere alone. |
|

|
|
|
|
Arrested for no reason - horrible experience in jail. Who do I turn to??? |
About three months ago I was being followed by the police.
When I woke up I was in a gas station bathroom with all my clothes off with three (3) police German Shepards and the police beating me ... |
|
SAFE! (or not?)? |
| I was reading on yahoo that a policeman tested the tazer gun on himself and has reported that it is safe to be used on everyone who it gets used on.But.....what if it gets used on a person with ... |
|
It ,s hard to believe how ready coppers are to back up other coppers, that have killed people on the road, eh? |
| ..... Without knowing all the details,...makes you wonder what they REALY know,.. AND what THEY have been up to!!!!... |
|
What is the sentence given for Actual Bodily Harm against a police officer? |
Previous convictions for assault. Additional Details this is in Uk, and not me by the way! my daughters boyfriend - maybe now she will see he's not 'all that' !!!!... |
|
Police stations? |
| When the smoking ban in public places comes into force next year,will police stations become excempt from this ban?I live at the back of a police station and their is always officers puffing away out ... |
|
Basil Brush has been arrested !!!!!!? |
Tell me its April 1st cos If it aint ...well.....
Basil Brush is being investigated by the police over a racist joke made 6 years ago about a Gipsy selling pegs ....I tell ya you couldn ... |
|
Why do so many US police officers use their authority to behave like complete thugs? I saw a Youtube clip of? |
| two students walking down the street, as they pass a police officer (who was masked) he sprays them in the face with pepper spray,it was completely unprovoked and if I can find the link I will make ... |
|
Is this theft? |
| A friend of mine recently paid her Virgin Media bill over the telephone to a Virgin Media employee using her debit card. The bill was £86. The money has been taken from her account but there is ... |
|
Should the Police Officers who watched a child drown, be charged with Manslaughter? |
| http://www.youtube.com/w
because they were not trained to enter water they refused to help the child who was drowning. Unfortunatly he died. I cant swim well but I would be ... |
|
Death or no Death? |
| What is your opinion on the death penalty? Explain your standings using expamples. (this is for my criminal justice class.)... |
|
Will he get locked up? |
| My friend was arrested with possession of marijuana and public intoxication. They put him in a little white room ( he just texted me and told me all this, he's in there right now.) He called his ... |
|
Why are firefighters PROUD when someone videotapes them at work, But cops are not? |
Just curious.
If you video tape a firefighter, a EMT, a soldier or marine, OBGYN, just about anyone doing their job, they are PROUD of their work.
But if you try to video ... |
|
I got a credit card in someone elses name and set up a plan with the credit card company to repay the money... |
| It was a weak point in my life i regret it and im just trying to pay the money back now i know i have it settled with the credit card company but does that mean that now its in my name and if i dont ... |
|
Am I the only one who is baffled by the latesst news in Texas? |
| They went in they're with NO real proof, just some phone call of a 16 year old? And now the courts are saying that there is no abuse and the kids can be turned back over!! What a mess this is! W... |
|
What to expect my Pit Bull bit the UPS guy? |
| My 2 year old dog bit the UPS guy. We have a 90 feet long leash wrapped around a column, near the front door, and it stops in the middle of the driveway. My husband was letting the dog out and he ... |
|
|