Protection Order and Lautenberg Ques


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Radjxf
January 12, 2008, 01:31 PM
I have a question regarding a potential scenario:
Say a man's wife has a consentual affair with a man. Her husband finds out, is justifiably angry and has a nasty cell phone conversation with the 'other guy'. Other guy gets a frivolous protection order slapped against the husband. The two men do not live in the same town and do not see each other frequently.
Does the husband lose his right to own firearms for the duration of this order?
Everything I've seen seems to always use the terms "intimate partner" and refer to cohabitants of the same household, spouses, etc. Even 4473 specifically asks about protection orders regarding "intimate partners". Thanks for any advice.

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Pete409
January 12, 2008, 03:50 PM
It seems like you have answered your own question. Protection Orders are for married couples or couples sharing the same household.

These two men are not sharing the same household so a protection order would not be applicable.

Radjxf
January 12, 2008, 03:58 PM
Appreciate your input, however these have been issued here in MO in the above stated scenario. Looks like they will give an ex parte to anyone for any reason, and most are put into a full order unless both parties don't show up for the hearing. Just cannot figure out whether the firearms privileges have been or can be removed in the above scenario.

Richmond
January 12, 2008, 09:40 PM
I don't know MO law; I practice in MN. In MN, there is a Harassment Restraining Order that is separate and different than a Domestic Abuse Restraining Order. The Harassment Order does not require any intimate relationship between the parties. That may be what you are dealing with in your case. These don't trigger 922(g)(8).


Federal Firearms Provisions

Gun Control Act of 1994-18 U.S.C. sect. 922 (g) (8)

Applies to persons subject to "qualifying" state protection orders. It is unlawful for such persons while the protection order is in effect to:
Possess a firearm or ammunition.
Ship or transport firearms or ammunition in interstate or foreign commerce.
Receive any firearm or ammunition which has been so shipped or transported.
Have seized firearms returned.

Qualifying Protection Orders under §922 (g) (8)

A qualifying order is one that prohibits:
Harassing
Stalking
Threatening an intimate partner or the child of such a partner, or
Engaging in other conduct which would place an intimate partner in reasonable fear of bodily injury to self or child.

Intimate partner: current or former spouse, co-parent, or one who cohabits or has cohabitated with the subject of the protection order.

A Qualifying Order also must include either:
A finding that the person subject to the order represents a credible threat to the safety of intimate partner or child, or
An explicit prohibition against use, attempted use or threat of physical force against an intimate partner or child which would reasonably be expected to cause bodily injury.

922 (g) (8) applies only to protection orders issued after a person has had actual notice and opportunity to be heard.

Hope that helps.

Radjxf
January 12, 2008, 11:16 PM
Thanks Richmond. In MO there is only the 'order of protection' similar to a restraining order. Not sure how 922(g)(8) fits into the picture unless it just applies across the board, or at the judge's discretion.

Richmond
January 12, 2008, 11:26 PM
Of course, the best advice is to consult a lawyer familiar with the laws of your state. The Federal prohibition under 922(g)(8) applies to orders that prohibit harassing, threatening or stalking an intimate partner or child of that partner. The 3rd party, the "other man" does not fit that definition - at least I sure hope not!:eek:

MO law may allow anyone to get an OFP - I don't know. That order would still not be a "qualifying order" under 922(g)(8) unless the definitions are met. Best to consult a MO lawyer and let that lawyer review the paperwork, etc.

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