8-1
Guess the one
Full case
https://www.supremecourt.gov/o...3pdf/22-915_8o6b.pdf

I have heard this different ways-

It allows a court to have a restraining order that allows the defendant to not possess a gun (meaning that the court could write this as an order) or that any restraint on contact meant automatic loss of gun rights, and that this occurred even if the person was served an order and didn’t have a chance to present their side in court.


The first is obviously something the court would agree with. Certainly is reasonable.

The second I think reasonable folks can disagree with.

There is a fed law that requires when a domestiv violence restraining order is entered. Every state has adopted a model statute on those specific orders, the person whom the dvo is entered against is enjoined from possession of firearms.

That to attempt to posses, acquire firearms during the period of restraint is a criminal viol of the 1968 Gun Control. Act as amended.

Not all restraining orders qualify.

Every state has adopted a version of the model statute that allows victims of domestic violence to seek domestic or interpersonal violence protection. They ate their own actions.

The Petitioner must prove they are part of a protected class,
The Respondent is part of the class subject to the action,
An act of domestic violence occurred as defined in the statute,
And
Domestic Violence is foreseeable to reoccur wo a domestic violence order being entered.

Most states apply a preponderance of the evidence standard at the adversarial hearing.

The first level of protection is an ex parte order commonly referred to as an Emergency Protective Order. The firearms prohibition does not attach at this stage in most jurisdictions.

Again, the domestic violence hearing is an adversarial hearing with notice to the Respondent upon the allegations in the EPO petition. When established by a preponderance of the evidence the factors stated nice, the court issued the Domestic Violence restraining Order for a period of time. In KY, it is no more then 3 years, but the petitioner can move to extend that time before expiration.