Weapons Confiscated Order of Protection

[wanjman]

My question involves criminal law for the state of: New York

My girlfriend and I had been living together for 18 months when I broke it off due to her drinking problem and related issues such as lying and stealing from me. After she moved out we remained in contact via email, mostly my attempts to reconcile which she carelessly entertained. After about 6 weeks of emails back and forth I found out she was in a relationship with another man and again had lied to me about her situation. I replied with an angry, though non threatening email, called her a few names and told her what I thought of her betrayal. She had me arrested for 2nd degree harassment which was ultimately reduced to disorderly conduct. A full order of protection remains in effect and will for 24 months even though she is living in Queens NY and I am 90 miles up state, and we have had no contact for over 8 months. At the time of my arrest, 2 hunting rifles were confiscated from my home even though there was no mention of them in the complaint, and I have been told that they can not be returned to me until the order of prot. has been vacated. I am an avid sportsman and one of these rifles belonged to my teenage son, and he other was a gift from my father over 30 years ago. I feel that this is a violation of my right to bear arms and would like to petition the court to have them returned. Can you offer any advice? Thank you.

[cdwjava]

As long as the restraining order is in place, you will not be permitted to possess or own any firearms. This has been litigated to death for many years. But, if you have the money and the inclination - and can find an attorney who is willing to spin his wheels - you are free to take it all to court once again.

It would be a more effective use of resources to seek to have the order dropped due to proximity. Although, if you have been contacting her by phone, text, e-mail, etc., then that is not too likely.

I would consider consulting legal counsel to see if it is a realistic option to seek to have the order lifted. Otherwise, you may have to wait until it is over.