When confronted with a protective order, the immediate focus is often on its day-to-day restrictions. Still, it is vital to consider how this mechanism will affect your life, including its implications on your Second Amendment rights.
If someone claims you have threatened or harmed them and files a protective order against you, it is crucial to understand how it might affect your ability to own or possess guns.
Severe restrictions on the accused
A protective order can directly impact an individual’s gun rights in specific ways, such as:
- The inability to purchase, own, possess or transport firearms
- The requirement to surrender any firearms they currently own
- The loss of a concealed carry permit
The moment a judge issues a protective order against you, you must surrender your firearms within 24 hours to law enforcement or transfer them to a third party who can legally possess them. This applies to both temporary and permanent protective orders, even if you use firearms for work.
Violation of protective orders by possessing a firearm constitutes a criminal offense. You may face fines, imprisonment and a permanent criminal record, which can complicate your future employment and other aspects of your life.
Protective orders can last for a period of up to two years or longer. After it expires, restoring your gun rights is not automatic. You may need to petition the court to regain your rights. This process varies based on your specific circumstances.
The law provides avenues for defense
It is imperative to act immediately upon receiving a protective order. Any second you do not use to seek legal help to combat these allegations can be costly. Your attorney will pursue effective strategies to safeguard your rights to the fullest extent possible.