Firearms and Darien Protective Orders
Protective orders come with many restrictions in Darien, including a prohibition on the right to possess a firearm. If you were arrested for a domestic violence offense in Darien and are now subject to a protective order, consider contacting an experienced attorney as soon as possible. A top CT defense attorney can work towards a positive resolution of the charges against you and fight to reinstate your right to possess a firearm.
Will I Lose the Right to Possess a Firearm if I am Subject to a Protective Order?
Any time a protective order is issued against someone in Darien, they have to give up their firearms. As soon as the protective order is issued, they must turn over the weapons. They also have their firearm license revoked and lose the right to possess a gun. Once the case is closed, they could reapply for that license. This prohibition applies all firearms, knives, or any other weapons that could be used to injure the alleged victim in the case.
What Does the Surrender Entail?
When a person surrenders a firearm, they have to bring it to the Police Department and hand it over to the police. The police mark it down in their database that their firearms were turned over. A person could also transfer the firearm to a federally-licensed dealer that would most likely sell the firearm or keep it for themselves. The police must document the surrender. If the firearm is in their system, they know and they could verify that the accused person does not possess a firearm.
When Can I Recover My Guns?
An individual could recover their firearms once their criminal case is dismissed and the protective order is lifted. A protective order may only be completely lifted once the case is dismissed. Once that happens, a person could go back to the Police Department or a centralized location in Connecticut if they were transferred to get their firearms back. Once the case is closed, they could recover their firearm.
Second Amendment Concerns
In Connecticut, this is not a violation or an individual’s Second Amendment right, because the court’s position in making someone surrender their firearm is to protect the interest of another party. A person’s Second Amendment rights only go so far when someone else is threatened by them. Because the court views the alleged victim as being threatened by a party having a firearm, that party loses the right momentarily until their case is dismissed.
Reach Out to a Darien Protective Order Attorney
Protective order violations carry serious consequences in Darien, and it is important to comply with all restrictions, including surrendering your firearms. If you are subject to a protective order, reach out to an experienced attorney for help resolving your underlying charges.