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The Range
Law & Order
Can a VPO require disarmament?
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<blockquote data-quote="SMS" data-source="post: 1887783" data-attributes="member: 42"><p>I believe the judge's order is backed up by federal law. It's colored in the shade of commerce...but I guess it applies somehow since the simple act of possessing something can be ruled to affect commerce. A key part in it is that the subject of the VPO has to have had the opportunity to participate in the hearing...</p><p></p><p>18 USC 922 G 8.</p><p></p><p>(g) It shall be unlawful for any person -</p><p>(8) who is subject to a court order that -</p><p>(A) was issued after a hearing of which such person received</p><p>actual notice, and at which such person had an opportunity to</p><p>participate;</p><p>(B) restrains such person from harassing, stalking, or</p><p>threatening an intimate partner of such person or child of such</p><p>intimate partner or person, or engaging in other conduct that</p><p>would place an intimate partner in reasonable fear of bodily</p><p>injury to the partner or child; and</p><p>(C)(i) includes a finding that such person represents a</p><p>credible threat to the physical safety of such intimate partner</p><p>or child; or</p><p>(ii) by its terms explicitly prohibits the use, attempted</p><p>use, or threatened use of physical force against such intimate</p><p>partner or child that would reasonably be expected to cause</p><p>bodily injury; </p><p>to ship or transport in interstate or foreign commerce, or possess</p><p>in or affecting commerce, any firearm or ammunition; or to receive</p><p>any firearm or ammunition which has been shipped or transported in</p><p>interstate or foreign commerce.</p></blockquote><p></p>
[QUOTE="SMS, post: 1887783, member: 42"] I believe the judge's order is backed up by federal law. It's colored in the shade of commerce...but I guess it applies somehow since the simple act of possessing something can be ruled to affect commerce. A key part in it is that the subject of the VPO has to have had the opportunity to participate in the hearing... 18 USC 922 G 8. (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; (B) 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 (C)(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. [/QUOTE]
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