Protection Orders and Firearm Possession

If there is a civil protection order prohibiting you from having contact with another person, this order could result in you losing your right to possess or purchase a firearm.  Additionally, any firearm license you currently hold may be revoked.  However, not every protection order will result in a loss of your right to possess a firearm. 

There are two types of firearm disqualification in protection order cases: federal disqualification (sometimes referred to as Brady disqualification), and state disqualification.  Federal disqualification is the most common type in protection order cases.

Federal Disqualification

If certain elements are met in protection order cases, federal firearm disqualification is automatic.  Two elements must be met for a protection order to result in federal disqualification: 1) a qualifying relationship between the petitioner and respondent, and 2) a hearing with notice and opportunity to be heard.  

Qualifying Relationship

There are two qualifying relationships that trigger federal disqualification in protection order cases:

1)      the person filing the protection order is an intimate partner: this is a spouse, former spouse, the parent of your child, or someone you live with or have lived with in the past. 

2)      The person filing the protection order is the child of an intimate partner.

If the protection order prevents you from contacting your child, your wife or husband, your ex-wife or ex-husband, your child’s mother or father, someone you used to live with, a current or former stepchild, or the child of a person you live with or used to live with, this relationship will result in you losing your right to possess a firearm. 

Notice and Opportunity to be Heard

In Indiana, protection orders may be granted by a judge without a hearing unless the protection order alleges harassment alone.  However, for you to lose your right to possess a firearm, the court must have a hearing and serve you with the protection order. Many courts in Indiana have begun to set hearings automatically when a protection order will result in firearm disqualification.  If the court provides you notice of the hearing and serves you with a copy of the protection order, this hearing will result in you being disqualified from possessing a firearm so long as one of the qualifying relationships exists. 

State Disqualification

Indiana judges may disqualify you from possessing firearms in any protection order, regardless of qualifying relationship.  However, the court must still have a hearing and provide you with notice before prohibiting you from possessing a firearm.  Unlike federal disqualification, any relationship may qualify for disqualification.  This means if your neighbor, a co-worker, your ex-spouse’s new wife or husband, or any other person obtains a protection order against you, the judge may strip you of your right to possess firearms. 

Both federal and state disqualification is automatically and electronically sent to NICS, the National Instant Criminal Background Check System.  If you are disqualified from possessing or purchasing a firearm because of a protection order, this disqualification applies in all 50 states.  If you possess a firearm in any state and are disqualified because of a protection order, you are committing a federal crime and may face jail time.

How Long are You Disqualified from Possessing Firearms?

You are only disqualified from possessing firearms until the protection order is dismissed or expires.  In Indiana, protection orders usually expire after two years, though the Judge may enter an order for nearly any length of time. Protection orders can be extended fairly easily in Indiana if the protected person files a motion with the court showing continued need for the order.

Contact an Attorney Today

Protection orders based on allegations of harassment may not be entered by a court without a hearing.  This means every protection order entered based on allegations of harassment will result in federal firearm disqualification if one of these qualifying relationships exist.  

 If you have been served with a protection order or have been provided notice that a protection order has been filed against you, it is important for you to contact an attorney as soon as possible.  You have very little time to request a hearing to challenge the order, and if one of these qualifying relationships exist, challenging the order may be your only way to keep your right to possess firearms.

If you have questions about whether you are disqualified from possessing firearms or need help challenging a protection order, contact the Manning Law Office today for a free consultation.