HF3238 MN
https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF3238&ssn=0&y=2013
[FONT=arial, sans-serif]This bill
doesn't affect Temporary Restraining Orders (TROs) nor e
x parte (temporary) Orders For Protection.
Here's what
already happens now, under current state and federal law:
1. A complainant (Carol) alleges domestic abuse by a boyfriend (Bob).
2. A judge grants Carol an ex parte (legalese for "one party") order for protection. It basically says that Bob can't abuse or have contact with Carol. It doesn't include anything about guns.
3. Bob gets served NOTICE of this order.
4. Bob has an option to request a HEARING to review the order. He brings his lawyer, Carol brings hers.
5. If a judge finds, in that hearing, with legal representation and argument from both sides (DUE PROCESS), that Bob significant threat of physical harm to Carol, the judge may make the order final for a period of time (commonly three years).
6. If that order includes findings of significant seriousness of the threat, the Wellstone Amendment (federal law) makes Bob prohibited from possessing firearms.
7. Bob is responsible for getting any guns out of his possession, as he has become a prohibited person for the duration of the order. Typically, he and his lawyer have planned for this eventuality, and already had the guns removed. If not, there is an unwritten grace period of three days before anyone goes after Bob for possession.
If this bill becomes law, THINGS ARE EXACTLY THE SAME, EXCEPT FOR #7:
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NEW #7. Within three days, Bob has to move his guns to a law enforcement agency, an FFL,
or a third party (friend, relative, etc.). Within two days after that, the police, FFL or third party has to
notify the court in writing that the move has been made.[/B][/B]
- The notification is sealed by the court
- Bob retains full title to his property
- Bob can, if he chooses, direct the third party to sell the guns on his behalf
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