How a Restraining Order Impacts Gun Rights

 Posted on July 26, 2024 in Domestic Violence

Most Americans know about how the Second Amendment of the U.S. Constitution protects their right to bear arms. We are so sure of this right that we might even take it for granted at times, assuming it will always be protected by law. But did you know that federal law imposes weapons restrictions on anyone subject to restraining orders? If someone accuses you of violent behavior and you are issued an order of protection, speak with a qualified Knoxville, TN criminal defense attorney to understand what it means for your right to own your gun.

What Does Federal Law Say?

Under the Violence Against Women Act and amendments that followed, anyone subject to certain types of restraining orders is prohibited from possessing a gun. Two types of commonly issued restraining orders are:

• Domestic violence restraining orders are issued in cases where intimate partners or family members are allegedly at risk of being harmed.
• Protection orders are issued by courts to protect people from harassment, stalking, or threats of violence.

If you are subject to certain restraining orders - regardless of whether you are facing a state or federal order and whether it is temporary or permanent - federal law can prohibit you from shipping, transporting, receiving, or possessing firearms or ammunition. If you violate federal firearms restrictions, you could face severe penalties, including fines, imprisonment, and a permanent criminal record. It is important to understand your legal obligations to make sure you are not mistakenly risking severe consequences.

Can I Appeal This?

There is not much you can do to appeal federal restrictions against gun possession if you are issued a restraining order. However, while the consequences of the order are clear, you always have the option of challenging the order itself. Depending on the circumstances of the case, you might be able to challenge the order's validity if you can demonstrate that it was obtained unlawfully or not issued in keeping with due process. You can also petition the court to modify or terminate it. If your appeals are successful, any gun-related restrictions will also be lifted.

Schedule a Free Consultation with a Knox County, TN Criminal Defense Lawyer

If there is a restraining order against you and you are facing restrictions on firearm ownership, contact an experienced Knoxville, TN criminal defense attorney for immediate legal advice. At The Baker Law Firm, we offer our clients an aggressive defense as well as discretion and sensitivity. Call us at 865-200-4117 to schedule a free consultation.