restraining order question

[fivepaknh]

My brother is going through a divorce and his wife filed for a retraining order. I know my brother is not a wife beater, but a restraining order just seems to be part of the divorce procedure these days. He doesn’t own any firearms, but I do. He’s going to be residing with us for a while until he finds a place of his own. Under a restraining order do I have to remove all firearms from my home while he lives here, or just secure them so he doesn’t have access to them? If I have to remove the firearms from my home then the restraining order effectively removes my right to possess a gun. By the way, I live in New Hampshire.

 

[scottaschultz]

Talk to a lawyer in New Hampshire. Unless you get an answer from someone who is licensed to practice law in New Hampshire, anything the say would only be a guess... and probably a wrong one. Even if they can quote you chapter and verse from your state statutes, the only answer that you want will be from a lawyer.

Scott

 

[Art Eatman]

Yeah, just folks from New Hampshire, please. It doesn't matter what the law is in any other state, so such posts will be deleted.

 

[Jorg Nysgerrig]

"If I have to remove the firearms from my home then my choosing to allow my brother to live in my house while under the restraining order effectively removes my right to possess a gun."

There, fixed that for you. In the event the restraining order has such an effect, it is your decisions to allow your brother to live with you under his circumstance, not the restraining order, that affects your rights. That said, your brother should have an attorney if they are that far along. That would be the person I would ask as he is already being paid and, in theory, is working in your brother's best interest.

The relevant law seems to be this: http://www.gencourt.state.nh.us/rsa/html/XII/173-B/173-B-5.htm. You should ask the attorney whether the part in section II about "premises or curtilage of the defendant" applies to your stuff and how to keep it from applying to your stuff. You may even find that the attorney recommends him living elsewhere to avoid the appearance of access to firearms whlie under restraining order.

 

[Frank Ettin]

If you have an immediate, real life legal matter, that can affect your life, property, rights and responsibilities, the Internet is the wrong place to come. You need a real live lawyer in your state. Among other things, a whole bunch of things could be very important, like the exact wording of the restraining order.

Do yourself a favor and get some real legal help from a qualified lawyer. It could save you a lot of grief.

 

[TexasRifleman]

You need a real live lawyer in your state. Among other things, a whole bunch of things could be very important, like the exact wording of the restraining order.

Agreed. He needs a lawyer. And the wording of the thing matters very much. If there's a hint of domestic violence you may be subject to Lautenberg Amendment issues as well as any state things.

Lawyer up is the only advice.

 

[.308]

be very careful, the same thing happened to me in another state and i'm still struggling to get them back. Consult a lawyer asap!