If a restraining order states that one may not buy or transport a firearm, can you be charged with possession of one? 19 Answers as of April 14, 2013

I went hunting and the person rode by, saw and called the law. The order states that I cannot buy or transport a firearm but did not state I could not hunt using a firearm.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You had it with you in a car. You were transporting it. And no you should not have one at all.
Answer Applies to: Michigan
Replied: 12/4/2012
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
It's a violation.
Answer Applies to: Nevada
Replied: 11/30/2012
William L. Welch, III Attorney | William L. Welch, III
The typical restraining order in Maryland courts requires the person to surrender his or her firearms to the police. Possession of a firearm would probably violate the spirit if not the letter of a restraining order.
Answer Applies to: Maryland
Replied: 11/30/2012
Law Office of David Baum
Law Office of David Baum | David M. Baum
Re-read your restraining order. It probably also prohibits possession of a firearm. In any event, you may have violated the order when you transported the firearm to the hunting location.
Answer Applies to: California
Replied: 11/30/2012
Hamblin Law Office | Sally Hamblin
How did you get the firearm to the hunting area? I am guessing you transported it.
Answer Applies to: Michigan
Replied: 4/14/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes under both state and federal law. Plus you would be remanded to jail for violating your conditions of release.
    Answer Applies to: Washington
    Replied: 11/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It sounds like the problem is the law means you cannot have a weapon under the order. Sounds like you need a good lawyer.
    Answer Applies to: Nebraska
    Replied: 11/30/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer better. You should consult an attorney and show him the order.
    Answer Applies to: New York
    Replied: 4/14/2013
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Yes. In California if you have a TRO against you, you are not allowed to possess firearms for the duration of the TRO.
    Answer Applies to: California
    Replied: 11/30/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I think you are splitting hairs. Your explanation also seems, at minimum, to indicate that you are transporting a firearm. How did the firearm get to the area where you are hunting? In a car or truck?? Whose truck or car?? Were you in the vehicle?? While you are hunting, presumably you are walking from one area to another... sounds to me like you were "transporting a firearm". Sounds like you may have a problem.
    Answer Applies to: Washington
    Replied: 11/30/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Yes.
    Answer Applies to: Nevada
    Replied: 4/14/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You cannot be possession of a firearm. The judge will explain it to you when you get to court.
    Answer Applies to: Georgia
    Replied: 11/29/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are not to possess any firearm, and that means under NO circumstances, legitimate or not, you cannot be in possession of ANY firearm. A rifle is just as lethal as a gun.
    Answer Applies to: Illinois
    Replied: 11/29/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    You could be held in contempt for violating the order. If you are not a felon or were not convicted of domestic violence you should not be charged criminally. If you are a felon or have a domestic violence conviction you are barred from possessing a gun at all times.
    Answer Applies to: Michigan
    Replied: 11/29/2012
    Gates' Law, PLLC | Thomas E. Gates
    You may not be around a firearm under all circumstances.
    Answer Applies to: Washington
    Replied: 11/29/2012
    Toivonen Law Office | John Toivonen
    If the restraining order states that you are not allowed to possess firearms, then you were not allowed to possess firearms. I find it strange that the order would only cover buying and transporting but not possessing. Also, if you had the firearm in a car then you were transporting it.
    Answer Applies to: Michigan
    Replied: 11/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have violated the retraining order by attempting to be a lawyer. Now hire a real lawyer and defend yourself.
    Answer Applies to: Michigan
    Replied: 11/29/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    In order to go hunting with a firearm you have to transport that firearm. Even if someone other than yourself takes it to the place, you are hunting unless you have a gun bearer you have to take it on the trail with you. You are guilty of transporting a firearm.
    Answer Applies to: California
    Replied: 11/29/2012
    Alexander R. Folk, Attorney at Law
    Alexander R. Folk, Attorney at Law | Alexander R. Folk
    I suggest that hunting with a firearm is a violation of the possess or carry portion of the prohibition.
    Answer Applies to: Ohio
    Replied: 11/29/2012
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