Domestic Violence

questions & answers

Question: If an order of protection says that the defendant has to surrender his firearms to the Mesa PD, can he give them to a friend instead? Is this violating the order of protection?

Answer: A person who is subject to an order of protection must do whatever the order specifically says they must do. A.R.S. § 13-3602(G)(4) states the following: “If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, [the court may] prohibit the defendant from possessing or purchasing a firearm for the duration of the order. If the court prohibits the defendant from possessing a firearm, the court shall [must] also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall [must] transfer the firearm within twenty-four hours after service of the order.”

QUESTIONS

  • If an order of protection says that the defendant has to surrender his firearms to the Mesa PD, can he give them to a friend instead? Is this violating the order of protection?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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