Gun Ownership Restrictions and Restraining Orders

 Posted on July 24, 2024 in Criminal Defense

According to the Second Amendment in the U.S. Constitution, American citizens have the right to bear arms. This is a right that is held sacred by many. People often think they are entitled to purchase and possess a gun because that is what our constitution tells us. However, the Supreme Court has ruled that if someone has a restraining order against them, their gun ownership rights can be restricted. This article will review how someone’s gun ownership can be limited. If this issue affects you personally, speak with a qualified Davis County, UT criminal defense attorney to understand your options.

Protective Orders in Utah

Protective orders, otherwise known as restraining orders, can be issued when there are accusations of sex crimes, abuse, assault, harassment, or other types of problematic conduct. If someone gets a restraining order against you, you become limited in several ways. Restrictions are placed on where you can legally go because you must stay a minimum distance from the accuser. You may be prohibited from going to or near a school, business, home, or any other location considered at risk by your alleged harmful behavior. Depending on the complaint against you and your circumstances, you might be kept away from your home and children. A restraining order also prohibits you from contacting the accuser and possibly others.

Impact on Gun Ownership

In addition to the restrictions about where you can go and who you can communicate with, a restraining order can impact your rights to gun ownership. Depending on the type of protective order issued against you, you might be prohibited from possessing a firearm. If you are issued a domestic violence protective order (DVPO), your access to guns can be restricted as follows:

• Possession: The court can order you to surrender any firearms you own or possess.
• Surrender or transfer: You might need to surrender your guns to law enforcement or a designated third party. Otherwise, you might be required to transfer them to a third party who can legally possess them.
• Duration of restrictions: Restrictions on gun ownership will typically last for as long as the protective order is valid, which can be up to three years. If you violate the restrictions, you can face additional legal consequences, including criminal charges.

Schedule a Free Consultation with a Salt Lake City, UT Criminal Defense Attorney

If you are facing accusations of sex crimes, abuse, harassment, or other violent crimes, speak with a qualified Davis County, UT defense lawyer who can build a strong defense against the allegations and also protect your other rights, including those related to gun possession. At Collins Rupp, P.C., we have experience defending clients against serious charges and are passionate about fighting hard for the best possible outcomes. Call us at 385-777-2753 to schedule a free consultation.