User Panel
User Panel
User Panel
|
Posted: 6/27/2002 1:31:17 PM EDT
[#1]
But it's nice to see the same stupid rules applying to the cops that supported them.
|
|
|
|
Posted: 6/27/2002 1:33:30 PM EDT
[#2]
I don't think this is a NY only deal-anyone with an order of protection loses the right to have guns, I THINK.
|
|
|
|
Posted: 6/27/2002 1:46:06 PM EDT
[#3]
Quoted: I don't think this is a NY only deal-anyone with an order of protection loses the right to have guns, I THINK. Really? Both the defendant and the protected person(s) must surrender their firearms? What about other members of the household not mentioned in an order of protection? |
|
|
|
Posted: 6/27/2002 1:47:02 PM EDT
[#4]
Well you can thank Mr. Lautenberg .
[url]http://www.saneguns.org/sources/historical/lautenberg.html[/url] "Oooops, I just checked my driver's license, we're in New York!!! " I intend to fix that myself within a year! |
|
|
|
Posted: 6/27/2002 2:02:38 PM EDT
[#5]
The should call them an "order of unprotection"
|
|
|
|
Posted: 6/27/2002 2:21:59 PM EDT
[#6]
Quoted: Quoted: I don't think this is a NY only deal-anyone with an order of protection loses the right to have guns, I THINK. Really? Both the defendant and the protected person(s) must surrender their firearms? What about other members of the household not mentioned in an order of protection? No no-he must have filed against her too and they both had orders of protection against them. If there was not an order of protection against her she would not have to turn in any firearms. You can get them either by filing a criminal charge and the criminal court judge gives you one or you can file a Family Offense petition in family court and get one. ***************************** I got this one figured out-wife and husband fight-both charge the other one in criminal court and/or go to family court-they both have an order of protection. Now they have to turn in any firearms to the sherrif-she turns in an unregistered handgun (duh) and gets arrested for it-I think. |
|
|
|
Posted: 6/27/2002 2:36:12 PM EDT
[#7]
Thanks Aimless,
I thought there might be more to this story. Quoted: ...she turns in an unregistered handgun (duh) and gets arrested for it... And I agree, she doesn't sound like the brightest badge in that department. |
|
|
|
Posted: 6/27/2002 4:24:13 PM EDT
[#8]
Judges routinely issue temporary orders of protection to all parties in domestic disputes. Once the order is issued under federal law you can no longer legally possess a firearm. There were many police officers across the nation that lost their jobs when old civil orders of protection showed up many years later.
Police officers in NY are required to register all their personally owned and department issued firearms with the NYSP. Police officers who have orders of protection where there has been no finding of fact may continue to work depending on the agency personnel policy. They are issued a firearm while on duty and must turn it in at the end of their tour. It appears she was charged under NYS law for possession of an unregistered handgun. Orders of protection only apply to the respondent(s) or defendant(s) and family members that are named in the order of the court. |
|
|
|
Posted: 6/27/2002 4:47:09 PM EDT
[#9]
Quoted: Judges routinely issue temporary orders of protection to all parties in domestic disputes. Once the order is issued under federal law you can no longer legally possess a firearm. Soooo....the battered spouse, who also happens to have a nice collection of Colt SAA's, Winchester Lever guns, a few nice Pre Ban AR's, etc. will have to make a conscious decision to: (a) deal with the court system to end the abuse, losing their valuable property, some of which may be family heirlooms, to the local Sheriff's property room. --or-- (b) not report the abuse. Which way would you go? |
|
|
|
Posted: 6/27/2002 5:01:04 PM EDT
[#10]
Nah, I gotta disagree a little tiny bit with RKBAR15 on that one part. The OOP only applies to the defendant or respondent, not to another member of the family (that I can think of anyway).
If wife files criminal charges v. husband or files family offense petition against husband she will receive an order of protection against hubby and he has to turn in firearms. She does not. She only has to turn in firearms if there is an order of protection against her. That can only happen if she is either charged with one of list of crimes (Assault aggravated harassment stalking etc etc) or hubby files family offense petition against her too (so I guess that might be the case where there are mutual orders, in my experience Orders of protection are usually the result of criminal charges. But if he's a jerk he'll run down to family court and get a temporary order so she has to turn the guns over to the sheriff. Orders of protection are kind of flawed. They are easy to abuse by going through family court and filing just to bust the other spouse's chops. They are enforced more strictly than they used to be by the police, However a lot of the time after everything is calmed down the wife goes back to the husband and then shows up in court wanting the order of protection and the criminal charges dropped-until next weekend when she'll be calling the police to come save her from another whuppin' These are very much the same cast of characters a lot of the time. |
|
|
|
Posted: 6/27/2002 5:40:23 PM EDT
[#11]
Sorry if I wasn't clear. Family court Judges routinely order all "family" member respondents to turn over their firearms to the custody of the Sheriff.
I disagree with regards to the husband filing for a TOP. Why not? A defendant/respondent should use all legal "weapons" available to him. |
|
|
|
Posted: 6/27/2002 5:47:23 PM EDT
[#12]
I guess I meant that a guy who beats his wife might also file a phony baloney family offense petition. I agree that it's often wise to file for an OOP if you have grounds and the other side has already done so/is going to/might
|
|
|
|
Posted: 6/27/2002 5:48:21 PM EDT
[#13]
Quoted: Police officers in NY are required to register all their personally owned and department issued firearms with the NYSP. RKBar15, do you have a source for this? I thought all persons with status of police officer were automatically exempt from a.265 weapons offenses and could possess guns without any paperwork. |
|
|
|
Posted: 6/27/2002 6:38:19 PM EDT
[#14]
Quoted: I guess I meant that a guy who beats his wife might also file a phony baloney family offense petition. I agree that it's often wise to file for an OOP if you have grounds and the other side has already done so/is going to/might Unfortunately the criminal justice system relies on the honesty and good intentions of all parties. In most cases if you looking for "justice" you've come to the wrong place. |
|
|
|
Posted: 6/27/2002 6:48:39 PM EDT
[#15]
Quoted: [RKBar15, do you have a source for this? I thought all persons with status of police officer were automatically exempt from a.265 weapons offenses and could possess guns without any paperwork. Every Police Agency in NY has it's own procedures that it's members must follow when purchasing firearms on their shield. All police department firearms owned by the agency or privately are required to be registered with the NYSP. Individual officers are required to register their personal firearms on "C" forms which are subsequently submitted by their agency to the NYSP. from The NYSP FAQ: [url]http://www.troopers.state.ny.us/Firearms/Firearmsindex.html[/url] "Keep track of handguns personally owned and possessed by law enforcement personnel." "Track inventory of weapons (machineguns, handguns, short-barreled rifles or shotguns) that are subject to regulations and independently stored by law enforcement agencies." |
|
|
|
Posted: 6/27/2002 6:53:56 PM EDT
[#16]
I can't believe those people are such heathens! I mean, they gave Christ a ticket!! Man, are they gonna PAY for that!!
[devil] |
|
|
|
Posted: 6/28/2002 4:03:58 AM EDT
[#17]
Interesting. But is it really a crime for a police officer to have an unregistered weapon or merely an administrative violation? I guess from the story it's a crime.
Gun laws in New York stink. |
|
|
|
Posted: 6/29/2002 4:51:13 PM EDT
[#18]
AFAIK it is a crime in NY. A PO has ten days to register a handgun if his department allows it. He is also subject to both criminal prosecution and departmental disciplinary action for the same offense.
|
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
