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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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does a restraining order show up on a criminal background check or a police investig

Resolved Question:

does a restraining order show up on a criminal background check or a police investigation
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 3 years ago.

Hello,

 

A restraining order has it's own registry data base that can be accessed by law enforcement and the courts on a national level so it will appear on police investigations also unless the person involved is a juvenile the information is public record so it can be accessed.

 

Customer: replied 3 years ago.
i need to go pick up my hand gun from the police station the detective said its cleared to be released to me but the property clerk said she has to do a criminal background check on me to see if im leagly aloud to posses it i have a restraining order against me and i was or may still be being investigated for somthing but i havnt been charged will this keep me from getting back my hand gun
Expert:  Daniel Solutions replied 3 years ago.
If there is a valid currently in place restraining order then you can not possess the firearm under federal law unless you work in law enforcement or the military and the possession of the firearm is during working hours.
Customer: replied 3 years ago.
is a protection from stalking order a restraining order it basicly says no fallowin harassing telephoning contacting or otherwise communicating with the victim cause it was granted by the court at not contest by me with out any guilty findings and a month after than an atf officer had returned all my weapons to me and had me sign for them with the protection order being active
Expert:  Daniel Solutions replied 3 years ago.

Yes a protection from stalking is a restraining order. Restraining protective order can be issued regardless or admission of guilty when they are either temporary or permanent after a hearing/trial or as in your case by consent/no contest.

 

The only thing I can think of is that your order lacks the required language that would stop you from possession of a firearm.

 

Read you order order of protection to see if it contain specific legal language:


•it has to forbid the respondent from harassing, stalking, threatening, or behaving in any way that causes the petitioner to fear physical injury for herself or her child AND
•either state that the abuser represents a threat to the physical safety of the petitioner or her child OR
•specifically prohibit the use, attempted use, or threatened use of physical force against the petitioner or her child.**

 

If your order lacks this language then you can possess the firearm.

 

You can also read the exact wording of the law [18 USC § 922(g)(8)]

 

18 U.S.C. 922(g) & (h) Unlawful acts
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) 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 to the partner or child; and
(C) (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
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(h) It shall be unlawful for any individual, who to that individual's knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment--
(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Customer: replied 3 years ago.
it states that the defendent shall not fallow, harass, telephone, contact or otherwise communicate with the plaintif.

the defendent shall not abuse, molest, or interfere with the privacy rights of the plaintif.
wherever the plaintif might be.

the defendent shall not enter upon or in the premises of the plaintifs residence or the immediate vicinity thereof.

it expires 3-15-2011

would this prevent me from getting my hand gun back

and im sorry to jump back to the begaining for part of my question but if the police were investigating me and havnt filed any charges or submitted any paper work to the DA will it show up when they do a criminal background check on me and if so would that keep me from getting my hand gun back


Expert:  Daniel Solutions replied 3 years ago.

The arrest should appear on your record but it's open warrants and convictions that will affect your ability to have a firearm.

 

Without having the benefit of the order in my hands and relying upon your statements then it appears the current order would not prevent you from the firearm because it lack the language required under federal law to stop the possession as I provided in my prior post.

 

Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience: over 20 years of legal and professor of law experience
Daniel Solutions and 8 other Criminal Law Specialists are ready to help you

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