When a court issues a restraining order in New Hampshire the restrained party cannot possess a firearm. This means if the restrained party owns firearms, he must relinquish them, most often to the police. RSA 173-B:5(X) states that when one has relinquished his firearm to the police, he may request the return of his firearm 15 days prior to the expiration of the restraining order. In the Manchester District Court a judge has interpreted this statute to mean that if a restrained party does not request the return of his firearm 15 days prior to the expiration of a restraining order he cannot get his guns returned to him.
Cohen & Winters are skilled criminal lawyers in NH, Concord New Hampshire and Exeter NH. Attorneys Cohen & Winters can help with gun laws and restraining order laws in New Hampshire.
This order was recently the subject of an opinion by the NH Supreme Court in the case of, In the matter of S. Rebecca Carmody and Craig T. Carmody (Slip Op No. 2012-135). The Supreme Court ruled that the judge in the Manchester District Court had misunderstood the statute and reversed his decision denying the return of the firearms. The Supreme Court interpreted the word “may” in the statute to be permissive rather than mandatory and ruled that Mr. Carmody’s guns should be returned even though he waited longer than 15 days prior to the expiration of the restraining order to request their return.
This opinion demonstrates that if you have had your guns seized by the police because of a restraining order, you will be able to get them back once the restraining order ends.
Cohen & Winters handle various types of gun defense law cases and can help with return of firearms in NH. If you have a gun or firearm issue in NH, the attorneys of Cohen & Winters can help you. Contact us today for a free consultation.
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THAT THE POLICE WIRETAPS EVERYONE? I GUESS YOU HAVE TROUBLE READING OR UNDERSTANDING OR MAYBE MY BAD .WHAT I MEANT TO SAY IS THEY WIRETAP ENOUGH PEOPLE IN THE GAME TO KNOW WHO HAS DONE WHAT AND WHEN BECAUSE BELIEVE IT OR NOT STREETS TALK .ON ANOTHER NOTE KIM THE WANNABE GANGSTERS ON THIS BLOG .BLOG ABOUT *** THAT HAS NOTHING TO DO WITH MILAD AND JUST PLAIN DISRESPECTFULL TO THE DEAD. THIS WAS THE SAME ON MILAD SAFFARIS BLOG TALK ABOUT HOW THEY ARE MAKING MONEY AND HOW HIS DEATH IS A GREAT THING. MY POINT TO WHAT I HAD SAID EARLIER WAS WTF ARE YOU EVEN DOING AIRING OUT YOUR BUSINESS ONLINE BECAUSE LAST I CHECKED REAL G’S DONT EVEN USE BLOGS .MOST OF THESE ASSH*LES ARE SCARED OF THEIR OWN SHADOWS THEY ARE THE RATS AND THE GOOFS THAT SHOULD HAVE GOTTEN A JOB AT BURGER KING AND STAYED THERE UNTIL THEY GOT A PROMOTION AT 30.BECAUSE THEY HAVE NO BUSINESS BEING GANGSTERS THEY CHECK IN THE MINUTE THEY SET FOOT IN JAIL. AND YES ITS QUITE CLEAR KIM THAT YOU DONT LIKE GANGSTERS. YOU MUST HAVE A FKN FETISH FOR THEM THO IF THATS ALL YOU RUN ON YOUR BLOG? I HOPE YOU UNDERSTAND THIS ONE KIM SAYS: No fetish here Peanut! I was asked to start a blog by my empyoler and it is on their site. Unfortunately when I did start the blog, I had NO idea how much time it would end up taking, which is why I sometimes get a little cranky.