MGL REQUIRES confiscation upon issuance of the ex-parte temporary RO. Most other states have laws that give both parties their day in court BEFORE confiscation is mandated (by Fed Law).
Will another state confiscate when a MA PD contacts them about a temporary RO? My bet is that the MA PD would NOT tell them it is merely an ex-parte temporary RO so that the non-MA PD operates on the assumption that they must confiscate per the Lautenberg Act.
I doubt that a MA judge would authorize mutual ROs. I know that in 99% of the cases the MA PDs operate as the only one to blame is the male party. From what I hear, the judges do the same but I have no proof (numbers) to back either belief up. You could spend a day sitting in a probate court in MA and draw your own conclusions.
Hahaha, no.....
They will tell them that it is a temporary order (they have to forward them the paperwork anyway) and the out of state PD won't care, and will follow MA orders to confiscate anyway...
I live in NH over the border from MA. Was dating a girl in a certain scummy MA city not too far from the border. MA girl gets mad during our break up, also happens to work for some social justice org right across the street from the courthouse..... Now ex GF was told by her scum bag SJW coworkers that the way to REALLY get back at me was to file a RO and get all of my guns taken.... She then proceed to waltz across the street to the court house, file RO (making sure to tell them that I owned DOZENS of guns, MANY OF THEM AR15s (yes, this was actually HAND WRITTEN on the RO by the court staff).
The typical restraining order is for 100 yards, however because of how many guns she told them I owned, they made it for 1,000 yards..... Yes, One Thousand yards, or 3,000 feet. I couldn't be within 3,000 feet of her home, OR her place of business (which was right next door to the court house), OR any place she happened to be at any given time.
Keep this in mind, the 1000 yards was the RADIOUS of each ban circle as I couldn't be within 1,000 YARDS of either of those three places, in any direction. That is 3,141.6 square YARDS of no go zone PER EACH OF THE THREE BANNED AREAS! These three no go zones of 3,141.6 square YARDS effectively banned me from the entire scummy MA city, which was interesting because I had court dates in that scummy city now! Not only that, but how do I know if she happened to be 1000 yards from me even if we are both outside of said scummy MA city, which would have put me in automatic violation of the order???
Because of all the scary firearms, scummy MA city made sure to expedite the RO and gun confiscation orders to my local NH PD. Apparently when MA tells NH to jump, NH only asks “how high”? Local NH PD were only too happy to comply, and had my place staked out in force to confiscate all of my evil guns (multiple officers and cruisers). Normally they would just serve the RO but because she tipped them off about the guns, and how many, they were out in full force to take them all. I wasn't even allowed in my own home while they were ransacking my place, ripping it apart, for all traces of guns, ammo, and even gun accessories (not in the order, but taken anyway).
Long story short, after all of that stress, trauma, and humiliation we go to court (had to pay big $$$ to hire a good attorney). When ex-girlfriend found out I was going in armed for bear, she appealed for and got an attorney from the state herself. Said attorney tried to demonize me as being a racist paranoid gun owner, etc. Luckily, I had an impartial judge who saw it was all BS and had the whole thing dropped, but I could have been in serious trouble. Remember, in a RO case, they don't even have to prove beyond a reasonable doubt (majority of evidence) to strip you of your rights and property, they only have to prove a "preponderance of evidence" (if they think there is even a small chance that you MIGHT be a threat)
Getting the guns back from the local NH PD was another story, after all that work taking them, they don't like to give them back....
The restraining order is the most egregious and unconstitutional violation of rights in this country. Violating not only the 2nd Amendment, but a person's right to due process before having rights and property taken away. Everyone should be allowed due process under the law as constitutionally mandated!!!!