Ok here is the situation. A buddy of mine just hot back from west Virginia. He's dad asked him to come down and disconnect an electric line that his brother was using to steal power from his dads house. ( he is an electrician) he has been back for a few days. Local pd called him earlier and said his brother signed a restraining order on him. Asked him to come to police station and get served and turn in his weapons. He told the cop what he had. I 100% believe he didn't attack anyone. I've known him since grade school and he has never been in a fight or even acted aggressively to anyone. Very calm hard working home owning tax paying citizen.

 

Question number 1

Can he leave the guns for safe keeping with me. I have a fid, a safe and don't live with him.

 

Question number 2

On his ar would he only have to turn in the lower?

 

I know the pistol he owns he is screwed but he has an ar and a .17 hmr. Hell I'd even buy em if that was an option and give him the ability to buy back at a later date if it was resolved. If not I keep em

Check your post for anything incriminating.

I, myself, would just have him hand in whatever the pd knows/can prove he possesses.

Sucks though

I don't see anything incriminating. I absolutely would not give a gun that's mine to someone with a restraining order. Im not gonna risk my fid

He must turn over all of his (registered) weapons to the police, that they have a record of (registration) of. They will know what (registered) firearms he posseses because of our strict (registration) laws.

I told him to obviously take his eotech off. But as for the ar. Can he keep the upper?

I was in the market for a 2nd ar and this would be a great opportunity to get one cheap.

Failing or refusing to surrender all firearms pursuant to the retraining order is a criminal offense.

I told him to obviously take his eotech off. But as for the ar. Can he keep the upper?

 

He has a (registered) ar type rifle? Interesting.

He bought it new. Also the cop asked what guns he has an he told him

Aren't all guns bought from a gun store automatically registered

They (police) will be investigating where the upper for the rifle is. ATF firearms trace. More legal trouble.

Aren't all guns bought from a gun store automatically registered

 

no, no registration with the state..

 

seller keeps a copy of whom it was sold to.

 

Local pd does have copy of pp..

First I'd call a lawyer.

 

I'd give 'em the lower.

 

I'd also be tempted to run the lot through the bandsaw. If I can't have my guns, some deputy who filches it can't have it either. "Here ya go" Rattling the box of pieces.

 

Also, isn't just the serialize part the gun? Strip off the barrels, slides, mags, grips, etc. They get a stripped frame.

They (police) will be investigating where the upper for the rifle is. ATF firearms trace. More legal trouble.

 

Uppers are not firearms.

Aren't all guns bought from a gun store automatically registered

 

Handguns yes, one of the 4 copies goes to the state police, one goes to the purchasers pd, one stays with you and one stays with the FFL.

 

Long arms are different. The 4473 and state forms stay with the FFL until they close, at which point all 4473s go to the BATFE for safe keeping until the end of time. As fas as the state form, Im not sure where its final resting place is, but if the FFL is still licensed the paperwork is only there not in a centralized database.

 

Some with tin foil hats say the state document every NICS check they run on an individual. Whether or not that is true is another story.

Is he a member of the NRA? If so call them they may appoint him an atourney..

Too much BS here. Firearms forfieture is very common. Get a lawyer. You all know who I prefer. I'm not a lawyer but I thought restraining order related to domestic violence were the only ones that required forfieture.

 

Kpd where are you?

 

Get a lawyer now...

Too much BS here. Firearms forfieture is very common. Get a lawyer. You all know who I prefer. I'm not a lawyer but I thought restraining order related to domestic violence were the only ones that required forfieture.

 

Kpd where are you?

 

Get a lawyer now... This X 100000

Other than the above..Im staying out of this one since someone has already decided to go full-retard.

I don't look a thing like Simple Jack.

Other than the above..Im staying out of this one since someone has already decided to go full-retard.

 

Hey Pipes- Is forfietture required for all restraing orders or just DV?

Hey Pipes- Is forfietture required for all restraing orders or just DV?

there is only a DV restraining order in NJ, we arent like other states that issue them for non-DV matters. One thing.. even though the term is Domestic Violence it does not have to be a violent offense to qualify as DV. These are the offenses that qualify as DV according to the Ag guidelines.

 

Homicide N.J.S.A. 2C:11-1

Assault N.J.S.A. 2C:12-1

Terroristic threats N.J.S.A. 2C:12-3

Kidnapping N.J.S.A. 2C:13-1

Criminal restraint N.J.S.A. 2C:13-2

False imprisonment N.J.S.A. 2C:13-3

Sexual assault N.J.S.A. 2C:14-2

Criminal sexual contact. N.J.S.A. 2C:14-3

Lewdness N.J.S.A. 2C:14-4

Criminal mischief. N.J.S.A. 2C:17-3

Burglary N.J.S.A. 2C:18-2

Criminal trespass N.J.S.A. 2C:18-3

Harassment N.J.S.A. 2C:33-4

Stalking N.J.S.A. 2C:12-10

 

The Highlighted offenses don't necessarily quality as "Violent" This link My link is for the AG guideline if anyone is interested. Understand that there are both NJ AND Federal prohibitions against anyone with a DV order possessing firearms.

Thanks!!

1. Hand in the guns. Remove the expensive sights. Don't play upper/lower games. You want to appear as law abiding as possible.

2. Fight the restaining order in court. Restraining orders are granted almost automatically and then sorted out in court. Did your brother come to NJ to sign for the order? Will he come (back) to NJ when it goes to court to explain to the judge why the order should be made permanent?

I would take all my firearms down to the local gun store and sell them for 50 cents on the dollar before I turned them in.

 

That being said, something dosen't seem right with this story. According to your account it seems a restraining order was issued for no reason without any evidence. SO, your telling me I can just go ask for restaining ordrs at random on people I might not even know?

 

I know NJ is Fucked Up, But I dont think it's that fucked up. Is there more to this story your not telling us?

I would take all my firearms down to the local gun store and sell them for 50 cents on the dollar before I turned them in.

 

That being said, something dosen't seem right with this story. According to your account it seems a restraining order was issued for no reason without any evidence. SO, your telling me I can just go ask for restaining ordrs at random on people I might not even know?

 

I know NJ is Fucked Up, But I dont think it's that fucked up. Is there more to this story your not telling us?

 

yes, that is exactly how it is and I think it's the same in all/most states. It's a temporary restraining order. Once served, you go to court and settle things out in front of judge who decides if it should be made a permanent restraining order. The idea is that the victim is protected and it's up to a judge to unprotect the victim. The accused is guilty until proven innocent.

yes, that is exactly how it is and I think it's the same in all/most states. It's a temporary restraining order. Once served, you go to court and settle things out in front of judge who decides if it should be made a permanent restraining order. The idea is that the victim is protected and it's up to a judge to unprotect the victim. The accused is guilty until proven innocent.

 

 

Awesome.

1. Hand in the guns. Remove the expensive sights. Don't play upper/lower games. You want to appear as law abiding as possible.

2. Fight the restaining order in court. Restraining orders are granted almost automatically and then sorted out in court. Did your brother come to NJ to sign for the order? Will he come (back) to NJ when it goes to court to explain to the judge why the order should be made permanent?

the order is out of the state the Brother Lives in NOT NJ..NJ however does honor Valid Out of State RO's, and are required to Serve them. I've personally served RO's out of NY, Ct, Ma, Co, and Nv.

the order is out of the state the Brother Lives in NOT NJ..NJ however does honor Valid Out of State RO's, and are required to Serve them. I've personally served RO's out of NY, Ct, Ma, Co, and Nv.

 

Where is the RO contested? Is it in the out of state court or the court of the one who is restrained? I assume this would be done in the out of state court as that is where the alleged actions took place. Ugh, what a mess.

Where is the RO contested? Is it in the out of state court or the court of the one who is restrained? I assume this would be done in the out of state court as that is where the alleged actions took place. Ugh, what a mess.

In the court where the Ro is issued

He turned the guns in. The ro is out of wv. I assume he will have to go court there. Apparently the guy who put the restraining order on him is a paranoid scytzofrantic ( I'm sure that's spelled wrong) and the dad is trying to have him committed. He is also a drug addict and all the locals around him all know he's out of him mind and is always stealing. But judges almost always sign the temp order to to cover their a**. The whole thing is a mess and I feel bad for him. He was suppose to go shooting with me Sunday.