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seamusTX wrote:I think the answer is Probably. If he gave the firearms to a lawyer or friend, he could get them back when the restraining order was lifted or expired. I know of one case where the defendant did that, and was convicted of a felony. The lawyer stated that he was then the owner of the defandant's weapons.

What the person named in the restraining order can't do (legally) is put the weapons in a storage locker or otherwise in a place where he can readily retrieve them.

- Jim

Thats what I was thinking, during the hearing you should just ask the judge for permission to remove them. I would like to think he would allow you to AVOID breaking the law.

If I were put in that position, I have friends with gun safes that would take them. Even better, I have a friend that is a police officer that would keep them for me.

I understand what you are saying about stranger things have happened. I'm just trying to understand in general terms how the system works and what will happen during an ugly divorce.

Can anyone answer the question above?

Charles L. Cotton wrote:

TX Rancher wrote:Charles:

I'm going to show my ignorance here and ask what the Dr. Emerson thing is about.

Dr. Emmerson was in a nasty divorce and was subject to typical injunctions in a divorce that prohibit various acts of family violence. This triggered the Violence Against Women Act (VAW) that prohibits possession of firearms, ammo, and ammo components and he was found guilty. (There were other allegations, but they are not relevant to this discussion.) His case went to the 5th Circuit where the Court held the Second Amendment was an individual right, but that the VAW did not violate the Second Amendment.

Chas.

If he had made provisions to store his guns somewhere else while the order was in effect, couldn't he get them back once the divorce was final and the restraining order was rescinded?

He wasn't convicted of domestic violence and unless they imposed some kind of permanent restraining order as part of the divorce decree, they cant take his guns away forever. Can they?

(by the way, I've been lurking for a while, just never had a reason to post. You have a great place here, I have learned a lot, just lurking)