Obtaining your firearms again after an Order of Protection has taken them away!

Posted By The Law Office of Kelley M. Enderley, PC || 30-Nov-2015

When an individual has an Order of Protection issued against them they are required as a matter of law to turn in any firearms that they may have. It does not matter whether or not a valid permit to have the firearm exists. This remains in effect until the Order of Protection has expired or has been withdrawn.

Upon attempting to retrieve these firearms from the police department most police agencies will not turn them over. As such, legal action is required to retrieve the firearms in the form of an Article 78 proceeding. Thereafter, the Court will issue an order as to whether or not the police agency should return the firearm.

On a side note, it is important for individuals to remember that firearms are only held by police agencies for a period of time. Thereafter, the firearms are destroyed. It is important not to delay in obtaining your firearms after they have been taken.