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Restraining orders generally expire after a set time. I don't know the details because I have never been involved in that kind of thing.

If someone has made it clear that he is going to be a long-term nuisance, I think a judge can issue a permanent injunction. You see this with celebrity stalkers. However, people who become the subject of injunction have generally already committed a crime like assault or burglary.

- Jim

milodog wrote: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else while the order was in effect, couldn't he get them back once the divorce was final and the restraining order was rescinded?

Charles is a lawyer, so I thought I would give him a chance to answer more authoritatively than I can.

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.

milodog wrote: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?

I would think not, but stranger things have happened.

- Jim

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

It's a court case that upheld the Lautenberg amendment. Google "Emerson v. United States."

- Jim