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Old April 2, 2013, 01:37 AM   #23
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
OK, I've shown the 921 definition of a MCDV. Also the latest Supreme Court case that addresses this. Now let's look at section 922, the actual prohibition:

Quote:
18 USC 922(d)(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
The restraining order (or order of protection, whether it be a temporary or permanent order) has some very specific circumstances. It can not be just any restraining order.

1. The order must be made against you by an intimate partner or their (or your) child, or the childs' intimate partner;
2. You must have had a court hearing at which you can have rebutted the allegations;
3. The order includes a finding that you represent a credible threat against an intimate partner or a child;
4. The the order prohibits you from using any coercive means against said intimate partner or child.

If all of those elements are present, you are a prohibited person for as long as the order is in effect. 18 USC 922(d)(9) only comes into effect if you are subsequently convicted of a misdemeanor charge of domestic violence. In which case, you are prohibited for life, regardless of any protective order.

If you are found to be in violation of the above, you will be charged with violating 18 USC 922(g)(9)—which is the actual prohibition as outlined, above.

Prohibited for life... Unless, you are granted relief of this disability under section 925(c)—application for relief of disability—or as defined under 921(a)(20)—restoration of civil rights. That is what the Enos case is all about.
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