Need Lawyer's advice - Follow up to my NC road trip to my in laws -

[Ricky_Bobby 130]

OK so long story short my father in law is 71 now, married to my mother in law for 20+ years (they started dating when my wife was about 3-4 years old, she is turning 30 now, my Mother-in-law is 17 years younger), but was divorced about 25 years ago from his first marriage, a very spiteful and mentally unstable woman he had dated since high school from what they tell me.  She took out a restraining order on him about a week after he left her, found a sympathetic judge telling him he had a temper and she feared for her life, etc even though no domestic disputes were on record, and he granted it basically no questions asked.  She now lives in NC, and he lives in the OBX - Furthermore, the judge is STILL on the bench believe it or not even though my father-in-law has been happily remarried, wants nothing to do with his ex wife,and just wants to get on with his life, but he won't be able to get the restraining order thrown out until the judge retires - Bergen County judge who apparently has a reputation for never overturning any prior rulings of his in 40+ years on the bench.

 

So, with that said, my mother-in-law can be kind of a pain in the ass because she's always "worried" about any legal ramifications, for example, I asked him to go to the range with me a couple months ago and the next day he told me he wasn't coming because he had things to do - I later find out that he was embarassed to tell me that he wasn't going to come shooting because of the order, and my mother-in-law was telling him he could be violating it by going to the range.

 

I have no friggin clue to be honest - so seeking out someone who might have legal advice - but this is going to really piss me off if I can't go down to visit them and bring my firearms to go shooting at the local ranges, or when my non-resident CCW's are issued, to be able to legally carry down there.

 

So my questions are:

1) Are there any legal ramifications to my father-in-law or violations being done, if I am staying with them for the week and bring a couple of my firearms down to their house so my wife and I can go shooting?

2) Was my mother-in-law just being dramatic or is my father-in-law actually barred from going to the local range to go shooting in NJ with me because of the order?

3) If my non-resident CCW gets issued and we are staying with them for say a week in NC, is there anything to preclude me from bringing a firearm down with me so I can carry while I'm down there?

 

 

My first impression is to say these are my firearms and if they aren't left at their house there should be no issue - my mother-in-law is worried that in a terrible case scenario and say cops came to the house he would be in violation if there were firearms in the home, even if they were mine and I was there - on the flip side, if you completely make it opposite wouldn't that be true for my house too?  I.E. he shouldn't be staying with us because he has a restraining order and there are firearms in my house?

 

I'm fairly certain both my in-laws are being dramatic but want to confirm - and I know if my father-in-law calls his lawyer to ask, he is going to say "well its not illegal, but in your best interest" blah blah blah - point blank and center is he doing anything wrong by letting me visit his home and bring firearms with me?

[Malsua 1,422]

0.  I am not a lawyer

 

1.  I would say it depends.  If it was a restraining order 30 years ago, it probably did not include a gun prohibition. Temporary restraining orders don't automatically get lifted, so it could still be a "temporary" in which case, no legal judgement has been found against your FIL and there is no proscription on him having a firearm or handling one.

2.  Your FIL probably is NOT barred from going to a shooting range.

3.  No.

 

4.  You're overthinking it.    Go to the range..who's going to know if he had a Temporary restraining order in effect from 1986?

[Ricky_Bobby 130]

0.  I am not a lawyer

 

1.  I would say it depends.  If it was a restraining order 30 years ago, it probably did not include a gun prohibition. Temporary restraining orders don't automatically get lifted, so it could still be a "temporary" in which case, no legal judgement has been found against your FIL and there is no proscription on him having a firearm or handling one.

2.  Your FIL probably is NOT barred from going to a shooting range.

3.  No.

 

4.  You're overthinking it.    Go to the range..who's going to know if he had a Temporary restraining order in effect from 1986?

 

Thank you - regarding 1, lets say judgement has been found and he is disallowed from possessing or owning because of said sympathetic judge 30+ years ago - would he be in violation for just having mine in his home, temporarily, while I am visiting?  Would that be spelled out in his judgement, i.e. he cannot own or possess, but would it specify that he is not even able to be around other people's firearms?  (which is how I see it, because wouldn't that be the same if he was at my house, he's around my guns either way?)

 

Because this would be a big fucking pain in my ass and really piss me off if I can't even carry like I'm a real American when I am down there visiting, or bring my firearms down to go shoot (and therefore have to rent) when I want to do something fun.

 

I understand #0 you're not a lawyer but this is kind of where I'm at.

 

I'm reading NC statute and even in worst case scenario, how would a holstered firearm, or a firearm that is locked up without him having access to the key, constitute a violation of his order " it is unlawful for the following persons to purchase, own, possess, or have in the person's custody, care, or control" - control would be the key, custody and care would be if I wasn't there, correct?

[Malsua 1,422]

You are allowed to be in the presence of prohibited persons while having a firearm.  You are not allowed to relinquish control of your firearms to them.

 

If he were proscribed from firearm possession, you could not leave it in the house while you were gone.  You would be able to have it on you, have it on your nightstand, even in his house.  As long as you retain control, it's not an issue.

[Ricky_Bobby 130]

You are allowed to be in the presence of prohibited persons while having a firearm.  You are not allowed to relinquish control of your firearms to them.

 

If he were proscribed from firearm possession, you could not leave it in the house while you were gone.  You would be able to have it on you, have it on your nightstand, even in his house.  As long as you retain control, it's not an issue.

 

Perfect - that is what I'm thinking, so I can visit, just can't leave it there and go back to NJ lol - again this is worst case scenario but talking to my mother in law it always has to be worst case scenario.