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Legal Information: Nebraska
Updated: October 30, 2020
The abuser did not show up for the protection order hearing. Can his/her gun still be taken away?
Maybe. 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 no hearing is scheduled, and/or no notice is given about the protective order, then the federal firearm law might not apply to the abuser.2
1United States v. Bunnell, 106 F. Supp. 2d 60 (D. Me. 2000), aff’d 280 F. 3d 46 (1st Cir. 2002.)
2United States v. Spruill, 292 F. 3d 207 (5th Cir. 2002.)
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