My parents are recently divorced and mom has a protection order out on my father so he is not allowed to have any firearms so he sold all of them except 2 which my aunt is keeping in a safe for him. Recently he said that I could have them but my aunt says she won't give them to me because since I will be finishing college this spring and moving back in with my mother for a few months she isn't supposed to have guns in the house either as it is a mutual no contact protection order. I have looked at the statute on this and to me at least it looks as if there are no restrictions on the person who filed for the protection order having firearms. Anyone know any different?
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Protection orders and gun ownership
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Annie Oakley
Sharpshooter
If it has been declared a mutual no contact order then she would be restricted from having guns in the home, as I understand it.
Do you know for a fact that it is a "mutual no contact protection order"? Or, did the aunt just tell you that?
public servant
Grandmaster
Call the prosecutor's office.
I would suggest that you really need to talk to a lawyer about this. First off, what do you expect to get from here? Do you think your Aunt is going to change her mind because some folk on the Internet told you? It doesn't matter what anybody here says or how correct it is. The fact that it comes from some folk on the internet is going to make it unconvincing. A lawyer's advice will do two things: keep you on the right side of the law, and if it is okay the lawyer's word is likely to carry far more weight then ours.
One other thing: are you sure that the only problem is the concern about legality or is it possible that the Aunt doesn't want to give you the guns for some other reason and this is just an excuse?
One other thing: are you sure that the only problem is the concern about legality or is it possible that the Aunt doesn't want to give you the guns for some other reason and this is just an excuse?
If I may be so presumptuous as to offer a reply... I'd guess what he expects to get from here is advice or direction, such as you and others have given. Looks to me like he made a good choice.
Adult life is not so much about knowing it all, but about knowing where to find what you need when you need it.
Blessings,
Bill
If you are in Marion County there is no such thing, I think in Indiana as a whole. Protection order protects the "protected person from the respondent". It cannot be the other way around. He would have to get a separate protective order against her for there to be a "mutual" protective order. Oh, BTW only he can violate the protective order. He cannot have contact with her directly or through a third person. However, she can contact him all she wants, it's not against her. Same goes for weapons. He cannot have them but she can have as many as she wants. Trust me on this, I've arrested LOTS of people for these things. Talked to one of our DV judges about these issues as well.
Look at the paperwork from the Court. It can depend on the local rules and with the Judge. Indiana Code can say whatever it wants but when a Judge is sitting on the bench I have seen them order some pretty outlandish requirements.
Don't take chances -- get the orders from the Court and as Public Servant said call the prosecutor's office in the County within which the order was granted. Do NOT rely on just the Indiana Code. I have seen far too many people prove they were right ---after a year in jail eating tater tots and powdered milk. Go straight to the source.
Don't take chances -- get the orders from the Court and as Public Servant said call the prosecutor's office in the County within which the order was granted. Do NOT rely on just the Indiana Code. I have seen far too many people prove they were right ---after a year in jail eating tater tots and powdered milk. Go straight to the source.
Annie Oakley
Sharpshooter
I can tell you that in Monroe County a mutual order is given many times when only one person originally filed for it.
If your father gave them to you, I can't see how your aunt has any authority to keep them from you regardless of your upcoming move. If you need to make other storage arrangements for your guns if and when you move in with your mother, won't that be your business? 
Timjoebillybob
Grandmaster
- Feb 27, 2009
- 9,421
- 149
If your father gave them to you, I can't see how your aunt has any authority to keep them from you regardless of your upcoming move. If you need to make other storage arrangements for your guns if and when you move in with your mother, won't that be your business?
From the OP
So the Aunt owns them and can do with them as she sees fit.
Last edited:
I guess I read keeping them for him as different than owns them now. The father seemed to think they were still his to give.
Anyway, just my opinion which is rarely worth more than
.
I guess I read keeping them for him as different than owns them now. The father seemed to think they were still his to give.
Anyway, just my opinion which is rarely worth more than
That's how I'd read it, too. He sold all except two which the aunt is keeping. In other words, he's allowed to own weapons, he just cannot lawfully possess them. The aunt has possession, not ownership.
ATM:
It was worth more this time. Blessings,
Bill
Well I got a copy of the protection order and from looking at it my dad is still allowed to legally own firearms as on the order it says he is not "Brady Restricted". I'm guessing that my aunt just convinced him that he needed to sell them because she is a control freak and didn't want him having the guns. Thanks for the help.
It's a shame that he couldn't find someone else that he trusted to keep them for him.
Timjoebillybob
Grandmaster
- Feb 27, 2009
- 9,421
- 149
I guess I read keeping them for him as different than owns them now. The father seemed to think they were still his to give.
Anyway, just my opinion which is rarely worth more than
That's how I'd read it, too. He sold all except two which the aunt is keeping. In other words, he's allowed to own weapons, he just cannot lawfully possess them. The aunt has possession, not ownership.
ATM:
Blessings,
Bill
Okay after re-reading it while awake, you two are right and I was wrong.
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