Posted: 2/10/2015 11:29:44 PM EDT
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Pretty sure I know the answer to this, but a friend wants verification, so I won't say which way my answers lean.
Friend has a TN HCP. Some time later, was the subject of (got slapped with) a restraining order ("stalking"). 1. Is this person allowed to carry in TN? 2. Presuming he cannot carry currently, when the restraining order expires in a few months, does he need to do anything to get his HCP status reinstated? Edit - spelling. |
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There are "temporary restraining orders" and "orders of protection" -- only the latter of which, if it "fully complies with 18 U.S.C. § 922(g)(8)", is supposed to negate firearm possession period, or of course also invalidate an HCP.
No idea just what his situation is, but I'd opine that if he wasn't notified to appear, it was the restraining order thing, especially since you mention a time limit. At any rate, I'd also opine that if he has not been contacted by the state regarding surrender of his permit (and has a valid address on file with TNDOS so they can contact him), then it's likely he hasn't fallen into the legal shit pool as far as possession/HCP is concerned. However, as always, my opinion on a legal matter is not necessarily worth any more than you paid for it. 
18 U.S.C. § 922(g)(8) - OS |
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Quoted:
There are "temporary restraining orders" and "orders of protection" -- only the latter of which, if it "fully complies with 18 U.S.C. § 922(g)(8)", is supposed to negate firearm possession period, or of course also invalidate an HCP. No idea just what his situation is, but I'd opine that if he wasn't notified to appear, it was the restraining order thing, especially since you mention a time limit. At any rate, I'd also opine that if he has not been contacted by the state regarding surrender of his permit (and has a valid address on file with TNDOS so they can contact him), then it's likely he hasn't fallen into the legal shit pool as far as possession/HCP is concerned. However, as always, my opinion on a legal matter is not necessarily worth any more than you paid for it.
18 U.S.C. § 922(g)(8) - OS Thanks for the help. My friend was slapped with said RO in the sham that is family court. The RO mentions a 1-year time frame. Fundamental situation: he is divorced. Picks up his son one day for visitation. Son said that mommy's boyfriend touched him (the son) below the belt. Friend immediately turns around and walks back up to her and advises her of what he had just heard, and said that if he ever hears of this again, he will take it to court. She gets pissed, saying "you can't talk to me that way." She takes it to the family court judge (who already hates friend) who issues the RO for "stalking." Said judge is since retired. Said boyfriend is now married to my friend's ex. Ex was really mad at that time because she had learned of an appeal my friend had filed on the divorce ruling. |
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Quoted:
What if the orders of protection are now over and done with. Say 5 years ago. Do they stick with the person they were filed on, can that person get a permit now? Order of protection (that fits the federal statute) has to be current to deny possession or permit. Only a conviction for domestic violence (that fits another federal statute) sticks forever. - OS |