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Thread: Friend just found out about unjustified PPO.. Are gun rights now revoked? Now what?

  1. #1
    Regular Member kyleplusitunes's Avatar
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    Friend just found out about unjustified PPO.. Are gun rights now revoked? Now what?

    I was talking to a friend the other day, he said he got pulled over and the police officer informed him that someone had a PPO on him... he was dumbfounded as he is a absolute nice guy and couldn't think of anyone wanting a PPO against him.

    A few days later he received a letter saying it would be hard for him to purchase a gun.

    So, few questions

    1. Did a PPO revoke his right to keep and bear arms without a jury?

    2. Can he purchase a handgun?

    if not

    3. Are rifles now prohibited too? As far as I know ID or background checks when buying rifles doesn't happen?

    4. How can he fight an unwarranted PPO?

    I told him I'd ask my gun forums about his possible options to fix this. Any help?

  2. #2
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    Quote Originally Posted by kyleplusitunes View Post
    I was talking to a friend the other day, he said he got pulled over and the police officer informed him that someone had a PPO on him... he was dumbfounded as he is a absolute nice guy and couldn't think of anyone wanting a PPO against him.

    A few days later he received a letter saying it would be hard for him to purchase a gun.

    So, few questions

    1. Did a PPO revoke his right to keep and bear arms without a jury?

    2. Can he purchase a handgun?

    if not

    3. Are rifles now prohibited too? As far as I know ID or background checks when buying rifles doesn't happen?

    4. How can he fight an unwarranted PPO?

    I told him I'd ask my gun forums about his possible options to fix this. Any help?
    1. Yes
    2. No

    3. Yes

    These are state and federal laws, if there is a ppo he is considered a violent person with a high risk of commiting a violent crime. (IANAL, just good at using google to learn about my rights).


    He needs to get an attorney, he needs to find out the details of the PPO (it should have been mailed to him), as it is a PPO he should be made aware of who brought it against him, who he can't see/be near, and why.

    It could be a mix up because his name is similar to someone elses.

    But he needs to get an attorney and begin to fight this immediately.

    If he did do something to get this PPO issued against him (it is harder than hell to get a PPO for most people legitimately seeking them, so I would assume this is mistaken identity or there is something you don't know), he needs to get in front of the court and find out why and how to fix it.

    See the below text....

    In order for your PPO to qualify under Federal law, the defendant (person who the order is against) must:
    •Be served (given) notice of the court hearing. In other words, the defendant must have been given paperwork that told him or her about the hearing.
    •Have an opportunity to attend the court hearing.
    Note: The abuser does not have to be at the hearing, but s/he has to have the opportunity to come to the hearing.
    •Be an "intimate partner" of the victim, which includes: ◦A current or former spouse
    ◦A person with whom you share a child
    ◦A person you live with or have lived with in the past**


    Note: If your PPO has expired, it is no longer a valid order under Federal law, which means the firearm ban also does not apply. The expiration date must be stated clearly on the order and should be written in item #8 at the bottom of the first page of your PPO.***

    Note: This law may not apply to law enforcement officials, military personnel, and other government employees who use guns while performing official duties.**** If your abuser is a police officer, member of the military, or someone else who uses a gun for their job, talk to your local domestic violence program about your options. To find a shelter or an advocate at a local program, please visit the MI State and Local Programs page under the Where to Find Help tab at the top of this page.

    * 18 USC 922 (g)(8); Mich. Laws 28.425b(7)(d)(iii)
    ** 18 USC 921 (a)(32)
    *** Mich. Laws 600.2950(11)(d)
    **** 18 USC Sec. 925 (a)(1)
    Last edited by dragongtr; 10-24-2011 at 09:27 PM.

  3. #3
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    First, see about obtaining a copy of the PPO. I believe he has to be "served" in order for it to apply.

    Second, once he has a copy of the PPO, see an attorney

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    Correct, unless he's been served, its not valid.

  5. #5
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    He really needs to talk to the courts and speak with an attorney.

    This could easily be a case of mistaken identity. I have had to go to court because of creditors trying to put my dads credit issues on my credit report (same name).

    But he needs to man up and get this delt with asap. That starts by getting the facts as they stand right now.

  6. #6
    Campaign Veteran smellslikemichigan's Avatar
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    Quote Originally Posted by kyleplusitunes View Post
    I was talking to a friend the other day, he said he got pulled over and the police officer informed him that someone had a PPO on him... he was dumbfounded as he is a absolute nice guy and couldn't think of anyone wanting a PPO against him.

    A few days later he received a letter saying it would be hard for him to purchase a gun.

    So, few questions

    1. Did a PPO revoke his right to keep and bear arms without a jury?

    2. Can he purchase a handgun?

    if not

    3. Are rifles now prohibited too? As far as I know ID or background checks when buying rifles doesn't happen?

    4. How can he fight an unwarranted PPO?

    I told him I'd ask my gun forums about his possible options to fix this. Any help?
    as someone who has been down this path...
    yes
    no
    yes
    attorney

    i had to give up ALL my firearms for a couple months and they were only returned to me after the judge who had issued the PPO based on the testimony of my Ex had reversed the PPO
    bottom line, lawyer up
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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  7. #7
    Regular Member HKcarrier's Avatar
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    Just because there is a PPO filed does NOT mean that you are prevented from purchasing or possessing firearms automatically.


    First, as mentioned, the PPO must be SERVED to you... however, this does not mean that someone must give it to you physically. They can have it delivered certified mail, but YOU MUST SIGN FOR IT... so as stated, it is likely that the PPO is not yet valid.

    Second, in order to restrict gun rights, it must specifically be called out in the PPO and approved by the judge. There is a whole load of check boxes on the form regarding where a person can go (work, school, home, etc) and you have to outline and specify what you want and why. One of the check boxes is "5-j. purchasing or possessing a firearm" and that must be checked off in order to restrict the person from their guns.

    This is not automatic and the person requesting the PPO must check this box and present a REASON to deny gun rights.

    Anything I said above could be incorrect but I don't thik so... the line after 5-j says "6. as a result of this order, federal and/or state law may prohibit you from possessing or purchasing a firearm." SO I'm thinking that is dependant on if 5-j was checked off and granted by the judge or not...


    I know this because I may or may not have had to obtain one recently. I may have asked that a person was restricted from certain places and some of them were denied by the judge. I also may have asked that such-and-such not be allowed to contact me in any way, but the judge elected to allow e-mail and snail mail for whatever reason...



    First things first, this person needs to figure out who/why they have a PPO against them, and they need to get a copy of it, pronto. They also likely need to consullt a lawyer.
    Last edited by HKcarrier; 10-24-2011 at 11:10 PM.

  8. #8
    Regular Member lil_freak_66's Avatar
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    just because you have a ppo against you does not mean you cannot own,carry or otherwise posses.
    you only cant when the box is checked stating so. and you can try to get that revoked if it is checked, you may or may not be able to depending on circumstances.
    not a lawyer, dont take anything i say as legal advice.


  9. #9
    Regular Member Tucker6900's Avatar
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    Mistaken information has happened before

    The officer tried to tell him he had a PPO, but couldnt confirm it.

  10. #10
    Michigan Moderator Big Gay Al's Avatar
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    Quote Originally Posted by kyleplusitunes View Post
    I was talking to a friend the other day, he said he got pulled over and the police officer informed him that someone had a PPO on him... he was dumbfounded as he is a absolute nice guy and couldn't think of anyone wanting a PPO against him.

    A few days later he received a letter saying it would be hard for him to purchase a gun.
    A letter? From who? Did he ever get a summons about the hearing? Has he received a copy of the PPO from the court? If it was me, I'd be right on top of this to find out who started it, and where it came from. So far, NO ONE has any cause to put a PPO on me.

    I usually make sure I kill them before that happens.
    Last edited by Big Gay Al; 10-27-2011 at 01:25 PM. Reason: spelling correction
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  11. #11
    Regular Member Michigun's Avatar
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    Something similar happened to a guy I worked with. He was in the middle of a divorce and and his spiteful wife took out a PPO on him just to ruin his deer hunting season knowing he would not be able to be in possession of a gun.

  12. #12
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by smellslikemichigan View Post
    as someone who has been down this path...
    yes
    no
    yes
    attorney

    i had to give up ALL my firearms for a couple months and they were only returned to me after the judge who had issued the PPO based on the testimony of my Ex had reversed the PPO
    bottom line, lawyer up
    I've been there too, my friend. To the statement above about them being difficult to get... not if it is an ex parte order.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  13. #13
    Regular Member TheQ's Avatar
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    Quote Originally Posted by DrTodd View Post
    I've been there too, my friend. To the statement above about them being difficult to get... not if it is an ex parte order.
    Abuses of ex parte orders are one of the cancers in our current system of government. See CADL v MOC. One party makes up lies and presents a case that causes the other party to be injured by an order of the court.

    Then when the lies of the first party are revealed, no purify charges are brought against the lying party.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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