I am in the process of getting divorced and my ex took out a restraining order against me because I wouldn't leave my house because she could claim I abandoned my half no violence or threats were made and I believe that the only reason she got it was because I'm 6 foot 6 and she is 4 foot 9 will I ever be able to own/get my guns back from the police or am I never going to get my ltc again
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Question about restraining orders
- Thread starter mike98
- Start date
chrbla2000
NES Member
- Joined
- Mar 24, 2012
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I think it's time to lawyer up unfortunately.
You need an attorney. Doesn't matter how big or small someone is, males lose on ROs by default. Don't dilly dally, if the PD are dicks your guns may have already gotten shuffled off to a bonded warehouse and the clock is ticking.... with proper counsel you'll probably be able to get your LTC back in due time. DO NOT talk to your ex ever from here on out, unless or on the advice of your attorney.
-Mike
Buck F
NES Member
You should have gone to a lawyer right away when she asked you to leave, you'd have avoided the abandonment myth and probably saved yourself a lot of headaches, however you really need to go to one now.
Thank you everyone I was more worried about the question on the ltc application asking if you ever had a restraining order ect before I spend money on a lawyer and find out in the end I still won't get my ltc back
Buck F
NES Member
Case #1: Went to RO hearing, RO vacated, police returned guns.
Case #2: Went to RO hearing, RO vacated, later applied for and got LTC, six years later renewal denied due to issuance of ex-parte RO that was later vacated. Court upheld denial.
So the best answer is maybe.
CrackPot
NES Member
This makes my blood boil. No question where Marsupial Court expression comes from with this type of decision.
one-eyed Jack
Manufacturer
I "think" that you have a certain number of days to designate someone to whom you can transfer your guns to legally. Len? Jack.
CrackPot
NES Member
MGL chap 140 sec 129D
...he person or the person's legal representative shall have the right, at any time up to 1 year after the delivery or surrender, to transfer the firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of the firearms, rifles, shotguns and machine guns and ammunition and, upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within 10 days deliver the firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and the licensing authority shall observe due care in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition...
...The licensing authority, after taking possession of any firearm, rifle, shotgun, machine gun or ammunition by any means, may transfer possession of such weapon for storage purposes to a federally and state licensed dealer of such weapons and ammunition who operates a bonded warehouse...
So as I read this, you have a year to get them back yourself or have someone get them for you. The PD can immediately transfer to a bonded warehouse.
one-eyed Jack
Manufacturer
Thanks, Randy. One time I was able to save some rifles from a PD for a buddy before they went to the BWH. Another time I was able to have the BWH transfer 15 guns to me, again for a buddy. All is not lost. Jack.
If taken due to a RO, they can only be transferred to a dealer.
See MGL Ch. 209A, Section 3B. "nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer."
Although you have a year to designate a FFL (in a 209A case) to take possession, the PD can send them all to a bonded warehouse the minute they get back to the station with them. So literally one has no time at all to act!
one-eyed Jack
Manufacturer
The PD likes to deliver the guns to the BWH. On their way back to the cruiser they sometimes find a $100 bill on the ground. Jack.
