CHL and domestic violence

[Xander]

I have to wonder how that works...And who's radar???

Probably not. It looks like (from earlier in the article) the only evidence they had of specific ammunition purchases was from receipts, presumably found in the search of his home.

...Receipts indicated Rieder had bought large amounts of...

[KBCraig]

"18,000 rounds is more than the normal purchase but not out of the line that we do see on a regular basis," he said.

Just about as stupid a statement I've heard of in a while...I'm glad it wasn't me this time...

So If I go out and buy copious amounts of ammunition, say 15K rounds...Is that going to make me pop up on someones radar???

Probably not. I've had the UPS driver deliver 10k rounds at one shot. I know lots of people who make "opportunity buys", especially of milsurp ammo. They might sell it later after the price goes up, or just hoard it. 18,000 rounds is just a good weekend for them.

[Skiprr]

So If I go out and buy copious amounts of ammunition, say 15K rounds...Is that going to make me pop up on someones radar???

Probably not. I've had the UPS driver deliver 10k rounds at one shot.

Well, it does put you on the UPS guy's radar 'cause he has to unload the boxes and transport them to your front door, and 10 cases of anything bigger than .22 ain't exactly featherweight stuff. I figure 10 cases of .45 ACP would go about 480 pounds.

[rm9792]

yeah, mine is probably not too happy with me either. i heard it was going up months ago and ordered 5k of 9mm, 7.62, and 45. (total). i figured if it didnt go up I would shoot it anyway and if it did i came out ahead. I dont ever see it going down much if at all. I probably have 10-12k stocked up so i am a paranoid vigilante now?
i was at GRB show a few months ago and ran into an old guy I met at PSC and he was standing on the curd with 100k rounds of .22. It was stacked 5 feet high. I asked why so much and he said they would shoot it all in a couple months. man loves his hobby!

[milodog]

Charles:

I'm going to show my ignorance here and ask what the Dr. Emerson thing is about.

Dr. Emmerson was in a nasty divorce and was subject to typical injunctions in a divorce that prohibit various acts of family violence. This triggered the Violence Against Women Act (VAW) that prohibits possession of firearms, ammo, and ammo components and he was found guilty. (There were other allegations, but they are not relevant to this discussion.) His case went to the 5th Circuit where the Court held the Second Amendment was an individual right, but that the VAW did not violate the Second Amendment.

Chas.

If he had made provisions to store his guns somewhere else while the order was in effect, couldn't he get them back once the divorce was final and the restraining order was rescinded?

He wasn't convicted of domestic violence and unless they imposed some kind of permanent restraining order as part of the divorce decree, they cant take his guns away forever. Can they?

(by the way, I've been lurking for a while, just never had a reason to post. You have a great place here, I have learned a lot, just lurking)

[milodog]

Can anyone answer the question above?

[seamusTX]

If he had made provisions to store his guns somewhere else while the order was in effect, couldn't he get them back once the divorce was final and the restraining order was rescinded?

Charles is a lawyer, so I thought I would give him a chance to answer more authoritatively than I can.

I think the answer is Probably. If he gave the firearms to a lawyer or friend, he could get them back when the restraining order was lifted or expired. I know of one case where the defendant did that, and was convicted of a felony. The lawyer stated that he was then the owner of the defandant's weapons.

What the person named in the restraining order can't do (legally) is put the weapons in a storage locker or otherwise in a place where he can readily retrieve them.

He wasn't convicted of domestic violence and unless they imposed some kind of permanent restraining order as part of the divorce decree, they cant take his guns away forever. Can they?

I would think not, but stranger things have happened.

- Jim

[milodog]

I think the answer is Probably. If he gave the firearms to a lawyer or friend, he could get them back when the restraining order was lifted or expired. I know of one case where the defendant did that, and was convicted of a felony. The lawyer stated that he was then the owner of the defandant's weapons.

What the person named in the restraining order can't do (legally) is put the weapons in a storage locker or otherwise in a place where he can readily retrieve them.

- Jim

Thats what I was thinking, during the hearing you should just ask the judge for permission to remove them. I would like to think he would allow you to AVOID breaking the law.

If I were put in that position, I have friends with gun safes that would take them. Even better, I have a friend that is a police officer that would keep them for me.

I understand what you are saying about stranger things have happened. I'm just trying to understand in general terms how the system works and what will happen during an ugly divorce.

[seamusTX]

Restraining orders generally expire after a set time. I don't know the details because I have never been involved in that kind of thing.

If someone has made it clear that he is going to be a long-term nuisance, I think a judge can issue a permanent injunction. You see this with celebrity stalkers. However, people who become the subject of injunction have generally already committed a crime like assault or burglary.

- Jim