Wife Has a Harassment Restraining Order Against Her, Can I Still Possess Firearms

[mrmarion]

My question involves restraining orders in the State of: Minnesota

Hello,
My wife was recently served a restraining order for outing the affair of a friend.
We went through the hearing, and lost, because the judge asked "Did the petitioner give you permission to tell her husband about the affair?".... and of course, my wife said no, so the judge ruled in favor of the petitioner. (Amazing... I know. Every lawyer, cop, and clerk we've talked to have just laughed and laughed that it stayed).

Either way, we're fine with the restraining order... god knows we don't want to talk to them ever again.

However, the question I have is now that my wife has the HRO against her, is it legal for me to have firearms in the house?

The HRO did NOT include me, but my wife lives in the house where the firearms are stored, so is that considered "possession"?

[aardvarc]

You'd have to read the actual order. Unless the order specifies a firearms restriction, it isn't automatic. If there IS a firearm restriction specifically in the order, then it could be problematic if the firearms are accessible by her within the home.

[mrmarion]

Thanks Catherine.
No, it doesn't have anything that specifies firearms... it's really just a "no contact" kind of order.

So, I think we're good.

[aardvarc]

I'd agree. Brady restrictions (when "no firearms" is ordered by the court) are specifically spelled out, so if they're not, then you only need concern yourself with whatever specific restrictions are included.