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Legal Information: Federal
The abuser did not show up for the order of protection hearing. Can his/her gun still be taken away?
The abuser does not have to come to the hearing in order for the law to apply to him/her, but s/he does have to be given notice of the hearing and an opportunity to attend.1 If the abuser was given notice of the hearing and did not attend, his/her gun may still be taken away under federal law.
If no hearing is scheduled, and/or no notice is given to the abuser about the court hearing, then the federal firearm law likely may not apply to the abuser.2
1 18 USC § 922(g)(8); See, for example, United States v. Bunnell, 106 F. Supp. 2d 60 (D. Me. 2000), aff’d 280 F. 3d 46 (1st Cir. 2002)
2 See, for example, United States v. Spruill, 292 F. 3d 207 (5th Cir. 2002)
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