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Notes -
Culture-war-related court opinion:
NB (♂) and LB (♀) are in the process of divorcing. LB obtains a restraining order against NB, claiming that NB (1) has been harassing LB both in person and via text, (2) owns a gun, and (3) "has made vague statements that LB believes are suicidal".
In this state, a domestic-violence restraining order requires the officer to seize the defendant's (1) guns and (2) permit to buy guns. After being made aware of the restraining order's existence, NB goes to the police station, where an officer asks him about the gun. However, NB cannot remember where he left the gun! At first he says he left it at his cousin's house (intentionally, to prevent his anger issues from leading to violence during the divorce process). Then he says it's in a storage unit. And finally he remembers that, though he originally left it with his cousin, the cousin later gave it to NB's sister and informed NB of the further transfer. He retrieves the gun from his sister's house and gives it to the police.
The trial judge credits NB's claim that this was just a failure of memory in a stressful situation, rather than an intentional series of lies. However, the trial judge also finds that "when possessing a firearm one must have it guarded, protected, and secured where you can control that possession, and clearly that wasn't the case for a period of time", so NB lacks the "essential character of temperament necessary to be entrusted with a firearm", "it is not in the interest of public health, safety, or welfare" for NB to possess guns, his gun is forfeited to the government, and his permit to purchase guns is permanently revoked. The appeals panel affirms.
Oh New Jersey. Nybbler's pager must be going off.
But NJ is not alone. Most gun-unfriendly states have similar provisions in their Order of Protection laws, prohibiting firearms for at least the duration of the OP, and the OP often can be extended indefinitely based on various factors. And I doubt any federal judges have the stomach to reverse any of these because domestic violence is, frankly, incredibly common, and commonly deadly. The fastest way one loses their judicial career is denying a motion in a DV case and have the offender then kill the victim the next time around.
Gives a whole new meaning to the old “surely OP will deliver” skeleton meme
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