Firearms sale after injunction

[c4d3d2]

What is the name of your state (only U.S. law)? Florida

A final injunction has been placed upon me requiring me to surrender any and all firearms. I sold the only firearm I own to my brother, and have a full bill of sale/documentation of transfer.

The petitioner has been repeatedly called the local police on his own accord, complaining I either have not gotten rid of the weapon or (because I sold it to a family member) could illegally gain access to it.

I've talked to the deputies and they insist as long as I've in fact changed ownership of the gun and have some documentation of the sale I should be in the clear, but the deputy is not a lawyer and it would not be beyond the petitioner to fabric lies to attempt to get me in legal trouble.

Keep in mind this injunction had nothing to do with a firearm in the first place, the gun is purely for self defense and has NEVER been used in any crime, argument, altercation, etc. The petitioner is trying to use the injunction as a tool against me for his own motives. What can I do to protect myself?

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida

A final injunction has been placed upon me requiring me to surrender any and all firearms. I sold the only firearm I own to my brother, and have a full bill of sale/documentation of transfer.

The petitioner has been repeatedly called the local police on his own accord, complaining I either have not gotten rid of the weapon or (because I sold it to a family member) could illegally gain access to it.

I've talked to the deputies and they insist as long as I've in fact changed ownership of the gun and have some documentation of the sale I should be in the clear, but the deputy is not a lawyer and it would not be beyond the petitioner to fabric lies to attempt to get me in legal trouble.

Keep in mind this injunction had nothing to do with a firearm in the first place, the gun is purely for self defense and has NEVER been used in any crime, argument, altercation, etc. The petitioner is trying to use the injunction as a tool against me for his own motives. What can I do to protect myself?

In this case I think the deputy is actually correct - you have the paperwork to prove transfer of ownership and if your ex is wanting to cause trouble he'll actually have to have something concrete....an accusation alone isn't going to do it and neither will a "maybe" or a "what if...".

 

[HappyWanderer]

What does your court order say *exactly* again?

Most court orders are fairly specific. Did you comply?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida

A final injunction has been placed upon me requiring me to surrender any and all firearms. I sold the only firearm I own to my brother, and have a full bill of sale/documentation of transfer.

The petitioner has been repeatedly called the local police on his own accord, complaining I either have not gotten rid of the weapon or (because I sold it to a family member) could illegally gain access to it.

I've talked to the deputies and they insist as long as I've in fact changed ownership of the gun and have some documentation of the sale I should be in the clear, but the deputy is not a lawyer and it would not be beyond the petitioner to fabric lies to attempt to get me in legal trouble.

Keep in mind this injunction had nothing to do with a firearm in the first place, the gun is purely for self defense and has NEVER been used in any crime, argument, altercation, etc. The petitioner is trying to use the injunction as a tool against me for his own motives. What can I do to protect myself?

Please post the EXACT wording of the order.

Did you sell the gun before or after the order was issued? (your title seems to indicate that the sale was after, but I just want to make sure)

Do you live with your brother?

Do you, or your brother live with your mother?

https://forum.freeadvice.com/domestic-violence-abuse-38/unjust-injunction-489528.html

 

[c4d3d2]

I sold the firearm the day after the injunction, in effort to comply with the law in a timely fashion.

And I do live with my brother for half the year. He is legally able to own firearms and owns others besides the gun I sold him. What's the difference between my old gun and his other guns?

I can't imagine any judge would order me to live elsewhere (I can't afford to at the moment). My brother has no injunctions/criminal record preventing him from owning a firearm so I also can't see a judge revoking his right to bear arms but stranger things have happened!

Should I trust the police on this matter? They've given me very very poor advice before which got me into this injunction (see the link gracie posted) so I'm hesitant to trust their legal expertise.

 

[HappyWanderer]

Two have asked for the exact wording of the relevant part of the order. If the goal of the order is to keep you from getting a firearm without a background check, how is selling it to your brother further that goal? It seems like you would have to turn it in to the police or sell it to a LICENSED firearms dealer or you could just give your brother a call and ask for it back.

 

[Gracie3787]

I sold the firearm the day after the injunction, in effort to comply with the law in a timely fashion.

And I do live with my brother for half of the year. He is legally able to own firearms and owns others besides the gun I sold him. What's the difference between my old gun and his other guns?

I can't imagine any judge would order me to live elsewhere (I can't afford to at the moment). My brother has no injunctions/criminal record preventing him from owning a firearm so I also can't see a judge revoking his right to bear arms but stranger things have happened!

Should I trust the police on this matter? They've given me very very poor advice before which got me into this injunction (see the link gracie posted) so I'm hesitant to trust their legal expertise.

No, a Judge is not going to order you to live elsewhere. Nor can the Judge take away your brother's rights to own guns.

However, the whole point of being ordered to relinquish YOUR weapons is to ensure that you do not have easy access to any weapons owned by you.
Since you do live with your brother some of the year, a Judge could easily rule that you have NOT complied with the order.

What you need to do will be to pay your brother back and have him, or better, you take the gun to the police with a copy of your order.

And no, NEVER trust any "legal advice" you recieve from a police officer. When there is any court order, for anything, the best "advice" is whatever is stated in that order.

 

[c4d3d2]

Spoke with the law today, presented my copy of bill of sale. The matter has been dropped, I LEGALLY no longer own any firearms.

Thanks for the advice guys!

 

[HappyWanderer]

Sometimes the law doesn't work. Good dodge.

 

[Gracie3787]

Spoke with the law today, presented my copy of bill of sale. The matter has been dropped, I LEGALLY no longer own any firearms.

Thanks for the advice guys!

By "the law" do you mean a police officer?

If so, I hope for your sake that a JUDGE would agree with the officer if it ever goes to court.

 

[stealth2]

While "legal", that's a total sidestep of the order, IMO. You know what they meant, and it wasn't for you to have easy access to a firearm.

I wouldn't sleep easy if I were your ex.

 

[c4d3d2]

It's not an ex, it's some guy with 100 pounds on me, at least 6 inches and plenty of his own firearms and he's trying to use the legal system to bully me around by saying he's "afraid of me".

Very difficult to prove what I just said in court though so I won't even waste my time.

He showed up at my house the other day and sped off when I arrived so he's up to something. Maybe I can get a restraining order on him or is the irony in that too great for the court system.