Hi I'm new and I've been looking around and i see different things on this. I have a protection order on me from my ex-wife, and I wanted to know when it is over with could I then buy a firearm? The protection order is down right silly and she only has it because I wanted to see our son that she was withholding from me so I told my Lawyer that i don't care about the order I just want to see my son. All this was done before our divorce and because I didn't fight the order it has done nothing but bite me in the butt. It was said before a judge that I would not fight the order so long as my wife would let me see my son and thats what the order was given on. Nothing else was said or done we were in and out. That said the two year order will be up this year and I wanted to know because of that order will I ever be able to purchase a firearm now? If this is somewhere else in the forums by all means let me know where. I've tried looking up protection orders and restraining orders and I get alot of other things. I just want to know that I still have hope.
Thanks,
the NewGuy
Protection Order and buying a weapon
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OakRidgeStars
- VGOF Gold Supporter
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- Joined: Sun, 22 Mar 2009 10:13:20
Re: Protection Order and buying a weapon
Welcome to VGOF, NewGuy 
Once the court has lifted the protection order, you should be able to purchase a firearm provided that your background check is all clear. As with all matters legal, you should always consult an attorney with experience in VA firearms law.
http://www.hkshooter.net/lawyers/
Once the court has lifted the protection order, you should be able to purchase a firearm provided that your background check is all clear. As with all matters legal, you should always consult an attorney with experience in VA firearms law.
http://www.hkshooter.net/lawyers/
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allingeneral
- Site Admin
- Posts: 9678
- Joined: Sun, 01 Mar 2009 17:38:25
- Location: King George, Virginia
- Contact:
Re: Protection Order and buying a weapon
I agree with OakRidgeStars on all counts. Welcome aboard, and good luck!
Re: Protection Order and buying a weapon
The State Police are required to be notified when the POs are issued, but there doesn't seem to be any follow up on when they expire or are lifted. 
I had an EPO falsely levied against me by a spiteful ex. The emergency hearing resulted in POs on both parties until the hearing by the presiding custody judge, in which it was found that my PO against the ex was to remain (for 2yrs), and I was cleared and my rights restored. I went to purchase a year later, the sale didn't go through and that night I was subjected to a multiple degrading phone calls ( in which I was informed I was going to jail for a long time for breaking state and federal laws)from a VA State Trooper.
It didn't matter to the trooper that I had my court order in hand, Judge's name, sigs, dates, etc.
To make a long story short, the matter was only cleared up when the magistrate called the court and set the SP's record straight.
I had emailed the SP days prior appraising them of my situation, and asked was there any way of determining my standing with the SP, and was informed no, the only way to know is to initiate a purchase. That's total BS to me.
Have your ducks in a row before you go, and be ready for a hassle. Legal advice up front will cost less than after the fact plus charges, hearings, etc.
I had an EPO falsely levied against me by a spiteful ex. The emergency hearing resulted in POs on both parties until the hearing by the presiding custody judge, in which it was found that my PO against the ex was to remain (for 2yrs), and I was cleared and my rights restored. I went to purchase a year later, the sale didn't go through and that night I was subjected to a multiple degrading phone calls ( in which I was informed I was going to jail for a long time for breaking state and federal laws)from a VA State Trooper.
It didn't matter to the trooper that I had my court order in hand, Judge's name, sigs, dates, etc.
To make a long story short, the matter was only cleared up when the magistrate called the court and set the SP's record straight.
I had emailed the SP days prior appraising them of my situation, and asked was there any way of determining my standing with the SP, and was informed no, the only way to know is to initiate a purchase. That's total BS to me.
Have your ducks in a row before you go, and be ready for a hassle. Legal advice up front will cost less than after the fact plus charges, hearings, etc.
Now is the time for all good men to get off their rusty dustys...
Re: Protection Order and buying a weapon
Thank you so much for the info and first hand experience. It's nice to know that I didn't shoot myself in the foot on this matter.
Thanks again
the NewGuy
Thanks again
the NewGuy
Re: Protection Order and buying a weapon
The only way the State Police Firearm Transaction Center can evaluate your 4473 and 65 is for you to initiate a purchase. If you call the transaction center they will tell you exactly what to do. Just make certain that they have all the court documents that lifted the protection order. If the courts had to restore your firearms right on a motion make certain they have that document. They have a fax and a PO Box. You can use either or both. Make certain they have the information before you go in to purchase. Then you can call to speak with a supervisor (preferably before you try to purchase). Tell them you just faxed the information...they should go check while you are on the phone.
When you try to purchase you may get a delay (or deny). Have the relevant documents with you at the counter, they could come in handy if a deny pops up and the SP are on the way. If it is a deny, give copies of the documents to the clerk because the SP will call looking for the signed 4473 and sp65. That is so they can find you and cart you off to jail. If the clerk has the documents the clerk can tell them that you have the documents restoring firearm rights and there is no need for cuffs and squad cars.
When you try to purchase you may get a delay (or deny). Have the relevant documents with you at the counter, they could come in handy if a deny pops up and the SP are on the way. If it is a deny, give copies of the documents to the clerk because the SP will call looking for the signed 4473 and sp65. That is so they can find you and cart you off to jail. If the clerk has the documents the clerk can tell them that you have the documents restoring firearm rights and there is no need for cuffs and squad cars.