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Old February 3, 2016, 10:04 PM   #1
sixaside
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Join Date: February 3, 2016
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Will having an OoP prevent me from renting a gun at a range?

Hello all,

I have never owned a firearm before, but I have been strongly considering buying one for the past few years. I have decided I will purchase one once the OoP expires.

The order of protection against me includes firearms.
It states:
"Pursuant to A.R.S. 13-3602(G)(4), the Court finds that Defendant poses a credible threat to the physical safety of the Plaintiff or Protected Persons. Therefore, Defendant shall not possess, receive, or purchase firearms and shall surrender same within 24 hours of service"



In the meantime I have been doing plenty of research of various guns, and looking at costs for beginners gun safety classes and investing in proper storage for the firearm.
I would like to go to a gun range to try out some of my potential choices before I commit to buying a gun.

I have looked up the law and read through it many times but I'm not completely sure based on the terminology if this will also prevent me from, for example renting a handgun at a range for a couple of hours.
Do the terms possess, receive, and purchase all mean the same thing basically?
When I look up the definitions they all seem to suggest more ownership of a firearm than anything.

If anyone has any experience or information about my situation I would greatly appreciate your feedback!
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Old February 3, 2016, 10:13 PM   #2
Aguila Blanca
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According to the laws of many states, merely holding an unloaded firearm in your hand is legally considered "possession." I am not a lawyer, and I don't know the laws in your state, but my guess would be that you are not legally allowed to shoot or even handle anyone's firearms while you are under a protective order.
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Old February 3, 2016, 10:18 PM   #3
sixaside
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Join Date: February 3, 2016
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Thanks for the quick response and the clarification on the subject.
I believe I only have about two or so months left on it anyway.
Guess I'll just have to wait it out.
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Old February 3, 2016, 10:43 PM   #4
JERRYS.
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ensure you have absolutely nothing at all ever again to do with the person that filed that against you. if its an ex-spouse you will only benefit by video and audio recording EVERY single word/meeting/action between the both of you.
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Old February 3, 2016, 11:05 PM   #5
MurBob
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Quote:
ensure you have absolutely nothing at all ever again to do with the person that filed that against you. if its an ex-spouse you will only benefit by video and audio recording EVERY single word/meeting/action between the both of you.
That advice should come with some cautions.

In some (many? most?), it is illegal to record a private conversation without meeting some specific criteria like notice of recording or consent of the other party(s).

I remember reading something about this.. it has to do with an expectation of privacy. I don't think you're allowed to record in a private office, car, or home... these are places where a "reasonable person has an expectation of privacy".

A shopping mall, anywhere outdoors, a beach, parking lot, are all examples, as I understand it, of public places where you would not have an expectation of privacy.

I am a landlord, and when I have a "problem tenant", I never accept their invitation to come into the home but will talk to them at the door or on the front porch.

Its good advice to have a record, just make sure you do it legally or you could get in trouble for it.
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Old February 3, 2016, 11:29 PM   #6
44 AMP
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Quote:
According to the laws of many states, merely holding an unloaded firearm in your hand is legally considered "possession."
Loaded or unloaded, machts nichts.

if you are a prohibited person (and for the duration of the order, you are) holding a gun IS possession, and you can be busted for it.

And, FYI, a picture of you holding a gun might be enough.

I don't recall the names, but a while back there was a gal who did some modeling, photo shoot with guns (real guns, not prop guns).

She posted some of the pics on her social media...

She was a prohibited person (parole or probation, I don't recall which), the law saw the pics and she got busted.

The point is, if there is a legal order saying you can't have a gun, DON'T HAVE A GUN.

Be patient, make the lifestyle changes you need to make so you will never be in this situation again.

Forgive the pun, but "jumping the gun" before the order is vacated could put you on the path to permanent prohibited person status. I don't think that's a worth while risk. Wait until time is up. Get it in writing, I's dotted, T's crossed, witnessed and notarized if you can.

Good Luck.

For real advice on the law in your specific case, talk to a lawyer and pay what he costs. My advice is worth what you paid for it, but I think its good advice...
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Old February 4, 2016, 12:21 PM   #7
kilimanjaro
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Check with your attorney about it, may not be as simple as waiting for the calendar to turn. A release may need filed with a court, or something.

The other thing to ask yourself is, are you the same person you were back when you got the OoP placed on you? If the answer is Yes, in the smallest way, then you should not own a firearm. No one here can help you answer that question, you have to do it yourself.

If drug or alcohol abuse was a factor in the OoP, and you are still using them, you're still the same person.

If you become angry, lose your faculties, and throw things or shove people, and you still do that, you're still the same person.

You need to face up to that self-reflection. Getting a protection order against you is a serious matter, they are not given out for merely having loud discussions with your girlfriend or spouse.
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Old February 4, 2016, 04:09 PM   #8
Hal
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Quote:
You need to face up to that self-reflection. Getting a protection order against you is a serious matter, they are not given out for merely having loud discussions with your girlfriend or spouse.
In 1973, I dropped my two kids off with my ex-wife (we were separated at the time) where she worked.
She had been running around on me and hadn't been home to see the kids in over a week.
We were in the process of getting a divorce.
My comment to her when I dropped the kids off at the door of the store she was working in was, "Your kids miss you".

That's it. No yelling, no shouting, no scene - just one sentence said in a normal voice and with no threats or menacing actions.

Bing, bang, boom - next day via registered mail, return receipt requested, I get an Order of Protection telling me I have to stay so many feet away from her and have no direct contact with her.

At one time they did hand those out like candy simply as a way of putting pressure on someone (usually the guy) getting a divorce.

I can't vouch for how it is now, but, I don't think they changed all that much.
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Old February 4, 2016, 04:13 PM   #9
Glenn E. Meyer
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The OP needs to contact a local and knowledgeable attorney.

We don't give relationship advice on TFL.

Thus, contact an attorney with whom you can discuss the matter confidentially. Sharing your legal difficulties on the Internet with your intentions to do XY or Z is not a good idea.

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