Could I lose my permit?

[Guest m&p40]

If me and another guy got into an arguement and he said he was going to call the police and tell them I threatened him, but I got on the phone first and called them, the police show up and I tell them what happened (the truth) I also have 2 witnesses to tell the officers I did not threaten him or anything. They make him leave the premises. Can he have an order of protection taken out on me and I lose my permit?

[Garufa]

Find new friends.

[TripleDigitRide]

If you're currently the subject of any order of protection, you will likely lose your HCP. You will have to fight to get it back.

Once you have your HCP, letting yourself become part of an argument is a horrible idea.

Edited July 14, 2009 by TripleDigitRide

[Fallguy]

If a judge grants him a ex parte Order of Protection, meaning the judge is willing to grant him a OP based only of his side of the story, then yes, your HCP would be suspend at least until the hearing within 10 days.

At that hearing the judge would either issue a permit OP or dismiss the ex parte one.

The trouble is the hearing could have come and gone, before you ever hear from the Department of Safety.

To be honest...judges issue ex parte Orders of Protection fairly easily to parties (women) in domestic relationships. In your situation, I really don't know what a judge may do though.

[Oh Shoot]

If me and another guy got into an arguement and he said he was going to call the police and tell them I threatened him, ...

I can understand how that could happen with you.

- OS

[Guest m&p40]

Is there anyone you could check with everyday to see if anything has been issued against you? It happened at work and the guy actually quit today and frankly I think he is too lazy to go through with anything like that but Im just lookin at what if.

[TripleDigitRide]

Contact your local police.

[Guest m&p40]

10-4

[Guest m&p40]

some good info to know,

An order of protection is a civil order issued by the Tennessee court intended to prevent one person from harming another. Only people that have specific types of relationships with each other can qualify for an order of protection. Among the types of people who can qualify for an order of protection are:

• Adults or minors who are current or former spouses;

• Adults or minors who live together or who have lived together;

• Adults or minors who are dating or who have dated or who have or had a sexual relationship;

• Adults or minors related by blood or adoption;

• Adults or minors who are related or were formerly related by marriage; or

• Adult or minor children of a person in a qualifying relationship.

Im guessing co-worker does not qualify.

[Angus]

Ignorance is bliss they say....how happy are you?

Not picking on you, but seriously, re-read fallguy's post. If you want to believe that a judge won't issue an ex parte and he hearing come and go before you knew it. Well, thats the bliss thing.

Edited July 14, 2009 by Angus

[Guest jwb68]

He can still get a restraining order.

[Guest bkelm18]

I can understand how that could happen with you.

- OS

OS, I can always count on you for a laugh. Oh and +1.

[Guest 3pugguy]

Contact your local police.

+1...or, gasp, a LAWYER

[Oh Shoot]

+1...or, gasp, a LAWYER

I generally feel like I need to hire a lawyer to go talk to another one.

- OS

[Guest TurboniumOxide]

Money, guns and lawyers. Get the job done. RIP warren.

[Guest 3pugguy]

I generally feel like I need to hire a lawyer to go talk to another one.

- OS

LOL, I know what you mean! I guess in seriousness I wouldn't look for legal advice (no offense intended) on a discussion board (kind of like the sea lawyers from my youth in the Navy - guys with no dog in the fight had lots of advice).

[JayC]

I think it's worse than that.... The stupid law that Rep Harwell was pushing I believe passed and is now law... If it is, not only do you loose your HCP, you must turn ALL your firearms into the local sheriff...

Rep Harwell needs to go, she's no friend of the 2nd Amendment.

If a judge grants him a ex parte Order of Protection, meaning the judge is willing to grant him a OP based only of his side of the story, then yes, your HCP would be suspend at least until the hearing within 10 days.

At that hearing the judge would either issue a permit OP or dismiss the ex parte one.

The trouble is the hearing could have come and gone, before you ever hear from the Department of Safety.

To be honest...judges issue ex parte Orders of Protection fairly easily to parties (women) in domestic relationships. In your situation, I really don't know what a judge may do though.

[J5684]

Can he have an order of protection taken out on me and I lose my permit?

Fallguy is right on the money

I'm just going off what you have posted so :

He could if he can show some kinda of pattern or a documented serious incident that puts him in fear of you.. Not just words must be actions, or pattern of words related to a past action. IE, you beat this person up last year and you threaten to do it again every time you see him etc..

Since it's a non-domestic related and you've never had problems with this person before (no pattern) I'd say you're in the clear.. I highly doubt a Judge would issue a temp or permanent OP based on what you have posted..

But there always a chance, and if he was successful in obtaining a permanent OP you'd loose your HCP.

If this person did get a temp ex parte OP, you would need to be served with the order which would have a court date to determine if the order would become permanent.

So it's not like you're out of the loop if you never hear of anything..

Your HCP could be suspended until you are served and had your day in court.

ex parte just means "without both sides" basically, for those who don't know .. but due to our 5th amendment ex parte can only be a temp action..

Edited July 17, 2009 by J5684

[Fallguy]

I think it's worse than that.... The stupid law that Rep Harwell was pushing I believe passed and is now law... If it is, not only do you loose your HCP, you must turn ALL your firearms into the local sheriff...

Rep Harwell needs to go, she's no friend of the 2nd Amendment.

You're right...I had forgot about that.

But didn't the final version allow you to give them to anyone that could legally posses them and not just to LE?

[JayC]

You're right...I had forgot about that.

But didn't the final version allow you to give them to anyone that could legally posses them and not just to LE?

I didn't follow it that closely.... One of us probably should look that up, because it's a nasty law that should have never been passed...

Trust me, my new mission in life is to make sure Rep Harwell doesn't get re-elected to any office.

[Guest walkingdeadman]

agree...ignorance is def. bliss

[Fallguy]

I didn't follow it that closely.... One of us probably should look that up, because it's a nasty law that should have never been passed...

Trust me, my new mission in life is to make sure Rep Harwell doesn't get re-elected to any office.

Here it is...Public Chapter 455

If the order of protection is granted in a manner that fully complies with the provisions of 18 U.S.C. § 922(g)(8), the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order;

So one question now is, does an Ex Parte Order of Protection fully comply with 18 U.S.C. § 922(g)(8) or only one issued after the hearing that both parties are at?

[Fallguy]

So one question now is, does an Ex Parte Order of Protection fully comply with 18 U.S.C. § 922(g)(8) or only one issued after the hearing that both parties are at?

I'm going to say an ex parte order doens't count as far as turning in your firearms.

US CODE: Title 18,922. Unlawful acts

(g) It shall be unlawful for any person—

(8) who is subject to a court order that—

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(

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; and

©

(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;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

sub-part (A) says if it was issued after the person received notice and had a chance to participate.

Edited July 17, 2009 by Fallguy

[DavidD]

I'm going to say an ex parte order doens't count as far as turning in your firearms.

US CODE: Title 18,922. Unlawful acts

sub-part (A) says if it was issued after the person received notice and had a chance to participate.

I have to agree with Fallguy, ex parte doesn't count however I'm no lawyer nor do I play one on TV. I also agree with others here and say WE HCP Holders have to be very very careful of our actions if we want to protect our "privilage" as the state so defines it. Slow to anger is is truly a virtue worth working at........