This is generally true but PDs (in MA and otherwise) have been known to go full retard on restraining orders.
It also gets interesting if you preemptively move your guns to someone elses control before an RO is issued.
Let's say hypothetically Joe Random knows his evil bitch soon to be ex-wife is talking to a high brow misandrist type divorce lawyer, and he KNOWS the 209A is coming, it's just a matter of when, not IF. Knowing this, Joe moves his guns out of his property and his immediate control.
Police come about 2 days later to serve the 209A and take Joe Random's guns.
Joe Random explains that he gave his guns to his friend with an LTC for safekeeping.
10 bucks says that the police will want to know who Joe Random's friend is and demand this info, or they will charge Joe Random with "Obstruction" or some other BS charge.
Or am I completely off base here- and what if Joe Random says "I refuse to tell you that, the guns are not in my control, and not on my property, so it's effectively none of your business. "
Or alternate scenario- Joe Random says "I refuse to answer that without my lawyer present."
My guess is, either way, they will come up with some dumb way to hurt Joe Random legally. Perhaps by
keeping his mouth shut the worst that will happen is a search warrant for any property he owns?
Further happy fun ball is- what happens if Joe Random decides to store them out of state? Can the police apply the same pressure?
Note that the movement of the guns out of his control has occurred BEFORE the 209A is actually issued, not sure if this affects the outcome.
-Mike