My wife could. But then she has full power of attorney to act on my behalf just as i have for her.
Y u so stoooopiiiddd
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My wife could. But then she has full power of attorney to act on my behalf just as i have for her.
One if my wife's friends was attacked by her husband this morning. He then went to his parents and took a lot of pills passed out and is currently in the hospital. She is not a gun person and wants his guns out of the house. She has filed a police report and got a Restraining order. Can she legally sell his guns since they are married?
It always amuses me to see people post so vehemently on stuff when they have no actual knowledge as to the subject matter.
First, spouses can't technically steal from spouses. While GA isn't a "community property state", the items are owned jointly until there is a formal division of property. One spouse can file a civil suit against the other, but it would not be criminal for the woman in this case to sell the firearms. That's the chances you take when you say, "I do".
Consider this, one of the crimes covered under the Family Violence Act in GA is criminal trespass. If a man and wife, for example, argue over what to watch on TV, and one party throws the remote against the screen shattering it, that party can be arrested under the FVA for criminal trespass even though they damaged their own property. Why? Because it is also the property of the other party.
No person in GA has a restraining order on another person. GA doesn't issue restraining orders just like it doesn't issue "concealed carry permits". GA issues "Criminal Protective Orders" and "Civil Protective Orders". The former is issued pursuant to criminal cases and the latter is issued in domestic situations.
When it comes to a protective order, the filing party can't simply "have the judge" do whatever the filing party wants. The judge makes those decisions, and specifics are not automatic, and the issuing judge does not have to include requested provisions. Provisions may be very narrowly defined, or they may be absolute. The filing party also simply can't "have the Sheriff confiscate his guns" or hold them until the legal wranglings are complete. There are due process of law issues at play. Also, unless the judge includes a specific provision to seize all firearms, they are not automatically seized. Yes, I have seen and served protective orders when this provision was knowingly not included.
Typically, the first leg of a protective order is temporary in nature as is is based on one sided testimony (ex parte). The judge issues a temporary order along with a court date to hear testimony from both sides prior to issuing/not issuing a permanent protective order.
A pending felony of family violence charge does not revoke a person's right to lawfully own a firearm. While a person may not be able to buy a firearm from a licensed dealer or obtain a GWCL with charges pending, unless and until there is a conviction the person may still legally possess a firearm unless their is a bond provision prohibiting it or a judge has specifically placed such a provision in a protective order.
Yeah, Because Cobalt 60 isn't a lawyer or anything