Oklahoma: Can a Temporary Protective Order Infringe Your Second Amendment Rights?


ROBERT ROBLES: And I’d like to talk to you today about restraining orders that might be issued against you and VPOs, which are called victim’s protection orders. If you will give me a second, the difference between the two is a temporary restraining order is issued in the context of a divorce proceeding or a family law proceeding, custody matter or a property dispute. And the VPO is issued in the context of human interactions, ex-boyfriend, ex-girlfriends, problems at work, all sorts of different human interactions.

Now, then, when a VP — final VPO is issued against you or a T — final TRO, is issued against you and you have a concealed carry license in the state of Oklahoma, you are subject to losing your conceal carry license. And if you violate the terms of the VPO, such as surrendering your guns or the temporary restraining order of getting rid of your guns and you don’t, you’re subject to a violation procedure which is a misdemeanor on the first offense and a felony on the second offense.

If a final order of any of those types, VPO or TRO, is granted against you, under federal law at 18USC Section 922(g)1-9, you will become a prohibited person and not be allowed to have in your possession a firearm, a — ammunition or explosives which could include primers or powders for reloading and be subject to felony proceedings up to ten years in the penitentiary for having in your possession a .22 caliber bullet or a — one shotgun shell of any caliber.

So, these things are very serious. Please consult your attorney. Make sure that the compliance — that you comply with all temporary orders or VPOs and that if you have a chance, have your attorney put in the proper language which will not make you subject to either a stalking order, harassment, domestic abuse order.

And you can always get your gun rights back by modifying the order, cancellation procedures, file motion to vacate the order in due time. Thank you very much.


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