Restraining Orders and Gun Ownership Restrictions

 Posted on August 22, 2024 in Peace/Protective Orders

The Second Amendment to the U.S. Constitution protects Americans’ right to bear arms. While people might disagree over issues like background checks and waiting periods before someone can buy a firearm, there is a general consensus that owning a gun is a constitutionally protected right. However, it is not a right that should be taken for granted, with recent Supreme Court rulings restricting gun ownership eligibility for people with restraining orders against them. Violating the conditions of a restraining order can result in criminal charges. If there is a restraining order against you, speak with a seasoned Harford County, MD criminal defense lawyer to understand how this can affect your ability to own a gun.

Protective Orders in Maryland

Restraining orders, officially called protective orders in Maryland, are a legal measure for protecting victims of abuse, harassment, assault, sex crimes, and other forms of violence. However, in an effort to protect victims, these orders can be issued almost automatically without needing a full investigation or court case to prove that you actually were violent and pose a threat. If you are issued a restraining order, you face restrictions in many parts of your life. You will be limited in where you can go, who you can contact, and sometimes, when and where you can see your family. Another restriction imposed along with a restraining order against you relates to your right to bear arms.

If there is a protective order, there are restrictions on your access to firearms, including:

• Possession: If you already own or possess any firearms when the restraining order is issued, you can be ordered by the court to surrender them.
• Transfer or surrender: You can be obligated to transfer any guns you own to a third party who is legally eligible to possess them or to hand them over to law enforcement. 

Gun ownership restrictions are generally valid for the entire period of a protective order. These are typically issued for a year, can be extended for up to two more years, and under certain circumstances, can even be extended further. Violations of any aspect of a protective order can result in serious consequences, including criminal charges, so it is important to understand how something like your gun possession can be affected.

Schedule a Free Consultation with a Northern Baltimore County, MD Criminal Defense Lawyer

If a protective order has been issued against you, speak with an experienced Baltimore, MD criminal defense attorney to understand what it means for other parts of your life, including gun possession. At Baltimore Legal Services, we are passionate about defending all our clients’ rights regardless of the charges they face. Call us at 858-523-8423 to schedule a free consultation.