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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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I recently agreed to a restraining order in SC to settle a

Customer Question

I recently agreed to a restraining order in SC to settle a harassment charge that was bogus related to my ex-paramour. Part of the agreement was to dismiss the harassment charge and have the restraining order only to apply to the state of SC. After reading this site and others, I became aware that I may not be allowed to continue to possess the pistols I own for self-defense. I also have a CWP. I am asking my lawyer, who is a veteran attorney in his own right, what I am supposed to do with my guns to "dispossess" them...he honestly doesn't know and is "looking into it". So this is my question: what am I supposed to do with my guns for one year??? Bury them? "Assign" them to my wife or friend? Take them to the police department? Anywhere I put them where I know they are, I can technically access them, and I do not wish to break the law. Mind you, I have never threatened in any way my paramour but was simply too persistent in trying to continue our relationship. I am a professional and cannot risk any further legal missteps. Solid advice here would be appreciated. Thanks.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Brandon M. replied 8 months ago.

Good evening. You have to follow the language of your restraining order, ad the order usually specifies what you have to do with your firearms. Usually, that means one of three things: (1) turn them over to law enforcement, (2) sell it to a licensed firearm dealer, or (3) store it with a licensed firearm dealer.

If you want to turn it over to law enforcement, you (or preferably your attorney) would call them first to ask their procedure for turning it over, and then follow that procedure. How long they would be willing to store your firearm depends on the agency. Some agencies will allow only permanent relinquishment.

​If you want to sell to a licensed firearm dealer or store with a licensed firearm dealer, you would need to contact the dealer about how they handle sales and/or storage.

​Don't be too hard on your attorney if he has otherwise been a good advocate for you. I learn something new every day, and I'm sure that he does too.

​Let me know if further clarification is needed. Thank you!

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