https://www.documentcloud.org/docum...ic-violence-restraining-order-gun-restriction
A man is subject to a CPO after assaulting his girlfriend and subsequently found with a firearm and prosecuted for the same part of the federal code that has you denying 11 (h) on your yellow, that you are the subject of a protective order.
Court finds that the federal code on this point violates the 2d Am. "People" whose rights are protected includes those subject to a protective order, but not prohibited by criminal conviction. The decision disfavored a process by which someone's status under the federal law shifts without any actual adjudication.
The case doesn't reach prosecution under state laws for violation of CPOs, but a lot of state procedures purport to ban possession of arms in their orders even where that isn't an issue at hearing and there are no findings of fact on that subject.
It's not too long a read.
A man is subject to a CPO after assaulting his girlfriend and subsequently found with a firearm and prosecuted for the same part of the federal code that has you denying 11 (h) on your yellow, that you are the subject of a protective order.
Court finds that the federal code on this point violates the 2d Am. "People" whose rights are protected includes those subject to a protective order, but not prohibited by criminal conviction. The decision disfavored a process by which someone's status under the federal law shifts without any actual adjudication.
The case doesn't reach prosecution under state laws for violation of CPOs, but a lot of state procedures purport to ban possession of arms in their orders even where that isn't an issue at hearing and there are no findings of fact on that subject.
It's not too long a read.
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