Posted: 8/24/2012 9:24:58 PM EDT
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My sister in law is having issues with an employee. He will probably be getting fired on Monday.
He will not be happy. He has guns. They may or may not be registered. Will the cops confiscate weapons if a TRO is issued? If the firearms are unregistered, and he denies having any weapons would the cops be able to do anything? |
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Will the cops confiscate weapons if a TRO is issued?
Yes. If the firearms are unregistered, and he denies having any weapons would the cops be able to do anything?
Depends on the circumstances. If weapons are in plain view in his residence, vehicle, etc. they can be seized. If he denies owning any guns, but there is probable cause, they can ask for consent to search, or get a warrant. If there are no guns registered to him, and no indication that he is lying about having guns, it's likely that nothing more would be done. If he is known (by police) to have possession of firearms, registered or not, he can be arrested for a TRO violation for refusing to turn them in (as well as possession of the firearms after being served the TRO, and failing to register). There are a lot of variables, including how lazy the patrol officer is. Firearms cases can turn into a costco sized case of cans of worms. Also, if your sister in law is not related to the employee, residing with him, recently resided with him, married or divorced from him, and does not have a child in common with him, she needs an injunction against harassment from district court as opposed to the order for protection from family court. I'd suggest filing police reports to support her case at the TRO hearing, or at the very least, compiling a detailed list of incidents. Witnesses would not hurt either. Every county goes about this stuff a little differently (PD and courts). Her best bet is to contact the police and court herself. Quoted:
Does a non DV TRO prohibit possesion/ownership of firearms? Yes, but it's weird because the order itself has it marked as an checkbox as if it was an option. I don't think I've ever seen a protective order that allowed the respondent to keep firearms. From HRS 134-7 No person who has been restrained pursuant to an order of any court, including an ex parte order as provided in this subsection, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm and ammunition. The restraining order or order of protection shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited. Such person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. In the case of an ex parte order, the affidavit or statement under oath that forms the basis for the order shall contain a statement of the facts that support a finding that the person to be restrained owns, intends to obtain or to transfer ownership of, or possesses a firearm, and that the firearm may be used to threaten, injure, or abuse any person. The ex parte order shall be effective upon service pursuant to section 586-6. At the time of service of a restraining order involving firearms and ammunition issued by any court, the police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm, but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition.
For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court, including an ex parte order as provided for in this subsection, is required to possess or carry firearms or ammunition during the course of the person's employment. Good cause consideration may include but not be limited to the protection and safety of the person to whom a restraining order is granted. Your sister can read more here: HRS 134-7 (firearms) Ownership or possession prohibited, when; penalty. 604-10.5 Power to enjoin and temporarily restrain harassment. Petition for Injunction Against Harassment District Court Restraining Orders from Hawaii Courts site |