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  #1  
Old 03-05-2007, 05:26 PM
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Civilian restraining orders in the military

What is the name of your state? California

Im thinking of joining the military , but theres a problem, i have a civil harrassment restraining order in california that prohibits me from having a gun. I was wondering if the military doesnt let people in with restraining orders.

i have heard storys that the military doesnt do back ground checks, and alot of felons join the military. Its federal law that felons cannot be in possession of a gun. Yet they join the military and are in possession of a gun. I was wondering if it was legal for me to join the military and if i could get in with a restraining order ;with a gun restriction due to expire in a couple of years.
  #2  
Old 03-05-2007, 05:33 PM
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Finish your degree. Follow the terms of the restraining order and keep yourself out of trouble.
  #3  
Old 03-05-2007, 08:27 PM
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I believe you may be asking about the 1996 Lautenberg Amendment (to the Gun Control Act of 1968). This amendment prohibits anyone who has been convicted of misdemeanor domestic violence from owning a weapon. This probably would effectively prevent you from joining at least a combat arms service (USA or USMC).

I believe your state would have to define your crime as domestic violence (civil harassment may be different as I don't believe there need be a relationship between the parties.) Further, I believe, and someone should definitely say something if I am wrong, but a case expunged or otherwise alternatively settled, is not covered by this amendment. From the on-line Army Study Guide:

Summary court-martial convictions, nonjudicial punishment under Article 15, UCMJ, and deferred prosecutions (or similar alternative dispositions) in civilian court do not constitute qualifying convictions within the meaning of the Lautenberg Amendment.
  #4  
Old 03-05-2007, 11:52 PM
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oh well i dont have a domestic violence conviction. I have a civil harrassment restraining order. I havent been convicted of anything.
The restraining order has a gun restriction until the order expires, in my case is a couple of years.
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Old 03-06-2007, 10:47 AM
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Quote:
Originally Posted by speedallurement View Post
What is the name of your state? California

Im thinking of joining the military , but theres a problem, i have a civil harrassment restraining order in california that prohibits me from having a gun. I was wondering if the military doesnt let people in with restraining orders.

i have heard storys that the military doesnt do back ground checks, and alot of felons join the military. Its federal law that felons cannot be in possession of a gun. Yet they join the military and are in possession of a gun. I was wondering if it was legal for me to join the military and if i could get in with a restraining order ;with a gun restriction due to expire in a couple of years.
First, if you are with the most sincerest intentions in joining (not escaping your restraining order)
then by all means you can go to any Recruiter and begin the process. Just be sure you
are totally HONEST with them. There are "waivers" that may allow you to enlist.
Your stories you heard about the Military not doing background checks is hogwash!
Make no mistake about this: The Military by the time they finish in doing a background check
on you will no more about yourself then you do!
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Old 03-06-2007, 12:11 PM
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My agency receives background info requests from the military regularly. We submit records of police contacts to the military regularly, and sometimes the recruiter will come by personally to obtain information. They DO conduct background checks.

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  #7  
Old 03-06-2007, 06:40 PM
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I think that you should go back to the court that issued the TRO, and move the court to disolve the order prohibiting you from owning a firearm on the grounds that you want to join the military. The no contact with the alleged victim, etc, should stay in place.

Furthermore, I am not sure that the order of that court is valid beyond the borders of that state.
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  #8  
Old 03-06-2007, 11:49 PM
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i did a little research

Basically what i could do is have my attorney contact the plaintiff and work out a agreement to modify the restraining order.

I could also modify it myself by going to the court and asking for a appeal to modify the restraining order.

The order is enforceable from state to state, it is however not enforceable on military land.
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