Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?
Not if the firearms are received and possessed for official use only. The law prohibits persons subject to certain restraining orders from receiving, shipping, transporting or possessing firearms or ammunition. To be disabling, the restraining order must: 1. specifically restrain the person from harassing, stalking, or threatening an “intimate partner” of the person (e.g., spouse); 2. be issued after a hearing of which notice was given to the person and at which the person had an opportunity to participate; and 3. include a finding that the person subject to the order represents a credible threat to the “intimate partner” or child of the “intimate partner” OR explicitly prohibits the use, attempted use, or threatened use of force against the partner. However, the GCA has an exception for the receipt and possession of firearms and ammunition on behalf of a Federal or State agency. Therefore, the GCA does not prohibit a law enforcement officer under a restraining order from receiving or
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