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Posted: 11/2/2014 1:06:33 PM EDT
So I'm hopping some one can help me with a legal issue I'm having in New York.

A few months back I got into a scrap with a few guys when one of them started messing with my girlfriend. I won, they called the cops, and I was arrested.

That has been all been figured out. I got a lawyer, pleaded down to a violation (not a crime), paid a fine, and I was issued an Order of Protection for the other guy.

For those who don't know, an Order of Protection is similar to a Restraining Order but less serious and given automatically to him in situations like this by the court and it lasts for two years.

Things included in an Order of Protection consist of:
Do not contact victim at home
Do not contact victim at work
Do not contact victim's family at home
Do not contact victim's family at work
All firearms must be submitted to local PD for storage until expiration of Order of Protection
Etc.

I'm paraphrasing and there is more to it but you get the point. Obviously, my issue lies with the condition requiring me to forfeit my firearms. I understand the reasoning behind it but nothing I have done should prohibit me from owning a firearm and the other guys safety is at no risk at all.

I know that condition can be excused by the court after a petition but my lawyer believes that since this was only settled a month, or so, ago that there is a very small chance of success and he does not recommend spending the time or money on moving forward with a petition.

I have absolutely no ill will toward the other guy, the issue is over and as far as I'm concerned, I will be perfectly happy to never see him again. I would just like to get my rifles back.  

I am hopping that some one has been in, or heard of, a similar situation and has some advice for me.  Whether it be "try this" or "your out of luck", anything would help.

Any help is truly and greatly appreciated.

-Livin'




Link Posted: 11/2/2014 1:16:16 PM EDT
[#1]
See you in 1yr and 11 months
Link Posted: 11/2/2014 1:16:36 PM EDT
[#2]
Can you buy another one in the mean time? Serious question. Could be cheaper and less hassle to do that, then, in two years get your other ones back. Sounds like a bullshit deal to me, I'd be pissed for sure.
Link Posted: 11/2/2014 1:18:42 PM EDT
[#3]
No, I'm also not allowed attempt to purchase any new firearms.

I'm assuming i will just be flagged during the background check.
Link Posted: 11/2/2014 1:19:50 PM EDT
[#4]
Well that sucks. Not sure what I'd do, sorry for the misfortune OP.
Link Posted: 11/2/2014 3:01:41 PM EDT
[#5]
The time to have nipped it in the bud was before you [and your lawyer]  agreed to the reduced charge.

The way NYis, I doubt you'd have any luck and it might take that long [a couple of years] just to have the case wind it's way to the court room.
Link Posted: 11/3/2014 1:28:54 AM EDT
[#6]
Link Posted: 11/3/2014 12:18:54 PM EDT
[#7]
Your lawyer is a loser; he should have advised you to get rid of all your guns within 5 minutes of taking your case. Now you are fooked.
Link Posted: 11/3/2014 12:54:03 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Your lawyer is a loser; he should have advised you to get rid of all your guns within 5 minutes of taking your case. Now you are fooked.
View Quote

This.  At the very least you could have transferred them to any FFL/gunsmith for storage, cleaning, etc.  Once he had them, if you had needed to sell something to cover legal expenses the FFL could have consigned it for you.
Link Posted: 11/3/2014 5:11:27 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Your lawyer is a loser; he should have advised you to get rid of all your guns within 5 minutes of taking your case. Now you are fooked.
View Quote


Now, now RenegadeX, you can't go using technical language like "fooked" in a general audience forum.

Even though, that was basically the correct response.  As its very unlikely that the judge will consider a modification of his order at this time.
Link Posted: 11/3/2014 6:46:59 PM EDT
[#10]
I meant cooked?
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