Legal Question in Constitutional Law in Arizona

if subject to 18 U.S.C. 922(g)(8)B do you have to have been summoned to court for it to be effective

Asked on 3/28/12, 2:08 pm

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC
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The code you are referencing is a Federal statute. I am not sure which part of the factual scenario you mean by "IT to be effective", so I will explain 18 USC 922(g)(8)(B) in basic terms: If there is an active valid court order, such as a restraining order, or other order from a court pertaining to typical domestic violence situations (sometimes issued during divorce cases), the person is prohibited under this Federal law from possessing firearms or ammunition. This portion of that statute is effective even if the person hasn't been convicted of any crime- just that a relevant court order exists. In AZ, in order for a typical restraining order to be effective, the person has to have been validly served with it. If the person never requested a hearing, and just conceded the validity of the restraining order, then it is valid, and the person would be a prohibited possessor under the broadest interpretation of this law.

Be aware that most states (AZ included) have their own "prohibited possessor" laws, in addition to this Federal law, so you may want to consult an attorney in your area to determine which, if any, prohibitions may apply to your particular factual scenario. Since the facts were not detailed at all in your question, I can only provide the explanation of the statute itself. Feel free to contact me if you would like more specific information relevant to your situation.

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4/10/12, 8:38 pm

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