Ohio appellate court: Ban on firearms in restraining order may violate Second Amendment
Many civil protection orders, especially in domestic violence cases, ban the target from possessing guns. Courts generally uphold these as permissible restrictions, at least when the order is based on a finding that the target had committed a violent act or had threatened violence; see, e.g., U.S. v. Bena (8th Cir. 2011). But the matter is not entirely clear, especially since such orders can often be entered on just a finding of preponderance of the evidence, following relatively truncated procedures where the defendant doesn’t have a lawyer. …Read the Rest
Source:: NRA-ILA
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