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#1
10-30-2008, 07:22 PM
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 Divorce, TPOs, Pistols, Mace or Other Sprays Needing some advice, opinions, thoughts, please. A relative wants to purchase a pistol for self defense against her soon-to-be-ex husband. She and the kids have TPOs, or restraining orders, against him.  Can she purchase a pistol with a TPO in place? Does that have any bearing on the purchase of a firearm? I believe that he's taken a TPO out on her but in a different county, same state. Would mace or another pepper spray be legal for her to purchase/carry? They are both in separate towns in Nevada, if that makes any difference. She doesn't have a lawyer, neither do I. Thanks, all, for responding to any or all of our questions.  |
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#2
10-30-2008, 08:10 PM
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| Best thing to do would be to hire an attorney specializing in family law. This attorney can explain the conditions of the protection order if the conditions aren't clear. In most cases, if an individual has a protection order against them, they are prohibited from posessing firearms and ammunition. Taser guns may also be restricted. Defensive sprays are usually o.k., but there's a chance that the use of such spray in a "defensive" situation may be questioned depending on who it was used on and the circumstaces surrounding the use. Best bet would be to contact an attorney. First and foremost objective would be to take care of the the children and protect them from any harm (physical and psychological). Next would be to obtain competent legal counsel to quash the protective order. Hope this helps. gf
__________________ "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Pistol, Rifle, and Home Firearm Safety Instructor |
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#3
10-30-2008, 08:14 PM
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| If she's about to be divorced and doesn't have an attorney, she needs to get one pronto. That seems really weird to me. I'm sure (?) there's a good reason, but she's putting herself at risk in many, many ways. |
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#4
10-30-2008, 08:21 PM
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| From Form 4473--the long ol' ATF form you fill out when purchasing a gun: 11. h. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner? If you answer yes, the dealer is not supposed to sell you the gun. More details from the definitions/explanation section: Question 11.h. Definition of Restraining Order: Under 18 U.S.C. (squiggly mark) 922, firearms may not be sold to or received by persons subject to a court order that: (A) was issued after a hearing which the person received actual notice of and had an opportunity to participate in; (B) restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury. An "intimate partner" of a person is: the spouse or former spouse of the person, the parent of a child of the person, or an individual who cohabitates or cohabitating with the person. So if she has a restraining order placed on him, no problem, but if she has one placed on her that fits the requirements in the definition (parts A, B, and one of the parts of C), then she won't be able to purchase a firearm of any kind. I don't know about local regulations, but mace/pepper spray should not be a problem for her to purchase. I'll have to agree with the other posts about legal counsel on this one . . . good luck. Last edited by mom of 3 angels; 10-30-2008 at 08:24 PM. |
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#5
10-30-2008, 08:37 PM
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| Thanks all. Yup, I've let her know that the paralegal she is using is not supposed to give her advice, (it works that way in Kalifornia and I believe the law reads the same in Nevada, no advice except from attorneys.) I'm blue in the face from telling her to get an attorney. They both claim they have no money, but that's no excuse IMO. She tells me that he told the kids during one of his supervised visits that he took out a TPO on her but it hasn't been served on her. Her's has been served on him. The judge was going to grant unsupervised visitation until, in chambers, the oldest child told the judge about the fathers' arrest, incarceration, and later continued abuse. What a mess!  I'll let her know that she may be able to carry a spray. We'll look into that further. |
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#6
10-30-2008, 08:52 PM
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| Cross filing of protection orders is very common in divorce cases. I've served many out of state orders here in PRHI. Many are enforceable in part even if they're not served (like the prohibition on having firearms). I've seen some very interesting things go on within the legal system. Many attorneys will do work for an initial retainer, then bill the balance. Check with the local bar association for attorneys that will do "Pro Bono" work. A good paralegal should know this. Good luck! gf
__________________ "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Pistol, Rifle, and Home Firearm Safety Instructor |
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#7
10-31-2008, 06:34 AM
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| Can she be "given" i.e. "loaned" a gun, rather than purchasing one? It seems that there is domestic violence involved. Statisically, domestic violence almost always escalates(soon-to-be ex has already been arrested and served time). |
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#8
10-31-2008, 06:42 AM
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| Quote:
gf
__________________ "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Pistol, Rifle, and Home Firearm Safety Instructor |
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#9
10-31-2008, 11:24 AM
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| I agree, I wouldn't give to her nor would I want anyone else to give her any type of firearm, especially if she is subject to restrictions even if she has not been served with a TPO. She surely doesn't need to be locked up and then the kids have neither of the parents! That would do no one any good! But we've discussed her having a spray, and maybe that's still an option, we don't know. Is there a site online where lawyers can answer questions for each state? This stuff can be scary, and not because of the date.  Thanks again for all the help. |
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#10
10-31-2008, 11:50 AM
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| If she's in the state of NV, check out the Nevada Bar Assocation website: SBN Home If she's in CA: www.calbar.org Both sites have a referral service and an area with some general information. gf
__________________ "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Pistol, Rifle, and Home Firearm Safety Instructor |
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