Firearms law often shirked Loophole keeps guns in hands of people served protective orders
The Salt Lake Tribune
By Brooke Adams and Jason Bergreen
01/21/2008
Seven states take guns away from a person covered by a domestic violence protection order. In another 12, judges issuing the orders are explicitly allowed to ask police to seize a gun. Utah isn't among them. WHILE FEDERAL LAW BARS ANYONE UNDER A PROTECTION ORDER FROM HAVING, POSSESSING OR BUYING A FIREARM, IT DOES NOT SET UP A MECHANISM FOR STATES TO CONFISCATE WEAPONS. UTAH RELIES ON AN HONOR SYSTEM that assumes a person under a protection order will stay away from firearms - even when there is a record of a threat to use one... "That order doesn't say we have to take it away from you, it just says you can't have it," said [Salt Lake County sheriff's Lt. Paul] Jaroscak, which highlights the loophole between federal law and state practice... Utah judges assume that a person under a protective order will get rid of any guns... a family member or friend is usually put in charge of making sure a restricted person doesn't have access to a gun... But no one checks. If a restricted person is later found to be in possession of a weapon, he or she can be arrested...
[Full article here]
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