Breaking the law

[gh1950]

"...is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury... "

A mutual restraining order as used by Georgia courts does none of the things set out in the federal definition you set out, and therefore the so called restraining order does not create the prohibition on gun ownership or possession created by the federal statute.

You also omitted subsections (A) and (B) of the statute you quoted, which are key to its implementation:

(A)was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)(i)includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

Neither of these conditions precedent are established in a Georgia mutual restraining order, both of which conditions are necessary for the Lautenberg Amendment to kick in.

 

[GAgunLAWbooklet]

Disc... read the 5th Circuit court of appeals case called EMERSON.
From 2001 or 2002, I think.
The court explained how “notice” and “opportunity to be heard” at a hearing where evidence was presented were necessary to respect DUE PROCESS OF LAW when the gov’t proposes to limit somebody’s gun rights.

The trial court or magistrate judge must weigh the evidence and find certain facts to exist before the federal gun ban is applicable.

P.S. Mr. Emerson lost. His gun rights had been properly stripped from him. He knew about the federal law saying no guns for domestic violence offenders. He knew about the accusations against him and went to the hearing pro se—without any lawyer. He never bothered to cross-examine his accusers or testify in rebuttal. He lost the hearing, a protective order was entered. He refused to give up his gun after the hearing and the judge finding he had threatened violence. Later he was caught with it, prosecuted in federal court, and sent to prison for 3 years. He emerged from prison penniless, homeless, bankrupt, and without a medical license anymore (he had been a medical doctor).

 

[emale]

it might be if you're under 21, depends upon your state.

 

[Spas-12 Owner]

it might be if you're under 21, depends upon your state.

It is NOT illegal in GA. IN cased you missed the rest of this thread.