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Posted: 8/1/2002 2:41:43 PM EDT

[url]http://www.thetimesonline.com/index.pl/articlesubpc?id=25152511[/url]
                                                         Agreements could strip away the right to own a gun

                                                         BY BOB KASARDA Times Staff Writer
                                                         Posted on Wednesday, July 31, 2002

                                                         VALPARAISO -- Porter Superior Court Judge
                                                         Thomas Webber dug around his desk and
                                                         pulled out a single-page notice likely to come
                                                         as a surprise to some recently divorced
                                                         individuals and their attorneys.

                                                         The official-looking document announces in
                                                         capital letters and bold type that as a result
                                                         of specific wording used in divorce
                                                         agreements to protect one or both parties
                                                         from harm, the federal Brady Act has been
                                                         invoked. The result is the potential offender
                                                         loses his or her right to possess a firearm
                                                         and is required to turn over all weapons.
Link Posted: 8/1/2002 2:57:47 PM EDT
[#1]
This is nothing new to this, its been around since the Brady Bill came into effect. It's only now that people are realizing that they are giving up their second ammendment rights when they sign divorce papers worded like those. "Standard wording", I don't think so, I have been divorced and mine say nothing of the sort and there was never a draft that did. You would have to be an idiot to agree to a protective order when you did nothing wrong.

Jake
Link Posted: 8/1/2002 3:03:14 PM EDT
[#2]
My brother had a restraining order slapped on him from his ex, because of this he can no longer buy guns retail. But there is no restrictions for owning firearms, now there a stupid law.
Link Posted: 8/1/2002 3:11:58 PM EDT
[#3]
Quoted:
My brother had a restraining order slapped on him from his ex, because of this he can no longer buy guns retail. But there is no restrictions for owning firearms, now there a stupid law.
View Quote


Really? I think he had better ask an ATF inspector if his opinion of this matter is correct.

Jake

[center][b]RESTRAINING ORDERS[/center][/b]
The Violent Crime Control and Law Enforcement Act of 1994 amended existing firearms statutes to make it unlawful for persons subject to certain restraining orders to receive, ship, transport or possess firearms or ammunition. To be disabling, the restraining order must:
Be issued after a hearing of which notice was given to the person and at which the person had an opportunity to participate.

Specifically restrain the person from harassing, stalking, or threatening an intimate partner (e.g., spouse or former spouse) or the child of an intimate partner .

Include a finding that the person subject to the order represents a credible threat to the intimate partner or child OR explicitly prohibits the use, attempted use, or threatened use of physical force against the partner or child that would reasonably be expected to cause bodily injury.

This new amendment does not prohibit persons subject to such restraining orders from receiving or possessing firearms or ammunition for use in performing official duties on behalf of a Federal, State or local law enforcement agency.

ATF Forms 4473, Firearms Transaction Record, have been amended to include this category of prohibited person. Federal firearms licensees should destroy all obsolete 4473 s and use only those that include this category.

If you have any questions regarding prohibitive restraining orders, please contact your nearest ATF office.

NOTE: We were unable to revise ATF Form 5300.35 (Brady form) due to the strict wording of the Brady Handgun Violence Prevention Act regarding the information that can be requested on that form. However, if a licensee has reason to believe that a person is subject to a disabling restraining order, the licensee should not transfer a firearm to that individual.
View Quote

The above can be found on BATF's website at [url]http://www.atf.treas.gov/pub/fflnews_pub/ffl0995.htm[/url]
Link Posted: 8/4/2002 10:28:43 PM EDT
[#4]
Specifically restrain the person from harassing, stalking, or threatening an intimate partner (e.g., spouse or former spouse) or the child of an intimate partner



But if you dont know them its perfectly allright.
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