QUESTION
Does my girlfriend have to relinquish her firearm if I have a restraining order?
Asked on Mar 02nd, 2013 on Divorce - Arizona
More details to this question:
I currently have a restraining order for a domestic violence charge from my ex. My current girlfriend owns a gun. Does she have to relinquish her firearm?
8 ANSWERS
You can not live with your girlfriend if she has a firearm. If you are cohabitants she needs to store her firearm elsewhere or you may be in violation of your restraining order.
Answered on Mar 04th, 2013 at 11:03 PM
John Arthur Smitten
No.
Answered on Mar 04th, 2013 at 8:32 PM
Family Attorney serving Little Chute, WI
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Van Hoof Law Firm LLC
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The issue is not with your girlfriend or her firearm. The issue is your access to it. If you live together and there is a firearm in the house no matter who owns it, you may be prosecuted. If you do not live together and never go into her residence, she does not have to do anything. If you ever enter the home or live together, I would have her move the firearm to a friend or relative so you do not run into a problem until your restraining order expires.
Answered on Mar 04th, 2013 at 8:22 PM
Yes. Look at the document to confirm that the firearm box was checked.
Answered on Mar 04th, 2013 at 8:20 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Yes, surrendering firearms is a standard part of a restraining order, at least in California.
Answered on Mar 04th, 2013 at 8:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes.
Answered on Mar 04th, 2013 at 8:00 PM
1 Award
She cannot possess it but could give it to a family Member to keep for her until the order expires.
Answered on Mar 04th, 2013 at 7:58 PM
If the order requires her to surrender her firearms, then she must do so. If there is no firearm restriction but she challenges the Order of Protection and it is upheld, then there will be mandatory provision for her to surrender her firearms.
Answered on Mar 04th, 2013 at 7:57 PM