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#772458 - 09/01/16 09:16 PM Firearm Ownership
khsmiley Offline

newbie

Registered: 05/24/16
Posts: 26
My fiancee has his daughter about 8 days per month in our state of Tennessee. His ex is looking for any way to upset him, fight, and instigate. She even went as far as to file an Order of Protection because she received 5 phone calls in a row from a blocked number one day and assumed it was him....even though his phone records prove otherwise.

Regardless, the OoP was honored and continued through the end of this year. Because of the Order, my fiancee cannot have a firearm. This really isn't a problem for him since he's never owned one. However, he and I live together and I DO own a firearm, which was gifted to me by my father years ago....a family heirloom/antique that belonged to my grandfather.

I recently posted on my FaceBook about a Firearm Safety and Concealed Carry class that I participated in. She must have seen my post, because she is now telling him that she will keep the daughter from our apartment if she finds out that either one of us owns a gun.

My question.....does she have any legal basis to keep the daughter out of our home, considering I am the one that has a Concealed Carry Permit and I am the one who owns the firearm? :confused:

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#772459 - 09/01/16 09:58 PM Re: Firearm Ownership [Re: khsmiley]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 343
She probably does not have a legal basis, as long as it can be established that the firearm(s) are in your possession and not your husband's. But it might be easier all around if you could leave your guns at someone else's house or maybe rent a safe deposit box until the protective order expires, so she has no practical or legal reason to object.

You mention that you got a CCW permit--I'm assuming that you either have or mean to purchase another gun, not carry your grandfather's heirloom. This may not be the best timing given that your husband is under a protective order.

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#772460 - 09/02/16 03:42 AM Re: Firearm Ownership [Re: TJMH]
khsmiley Offline

newbie

Registered: 05/24/16
Posts: 26
I just want to make sure that the protective order does not apply or cannot apply to me simply due to my relationship (which is not legally binding since we are only engaged and not married) with the father.

Whether the timing is good or not, I feel that I still have a right to exercise my 2nd Amendment right to protect myself and own a firearm. I have done everything legally and by the book, including taking proper safety courses. I don't live in the best neighborhood and am at home all day long by myself since I work from home. I cannot imagine being told that I'm not allowed to defend myself, my loved ones, and my property because some crazy ex has a vendetta and wants to make my guy's life a living hell.

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#772461 - 09/02/16 02:26 PM Re: Firearm Ownership [Re: khsmiley]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 343
Obviously you're not named in the protective order so you're free to have a firearm. But I'm guessing the protective order doesn't care about legal ownership by your fiancÚ but rather whether he has access to a weapon that he could use to attack his ex. So someone could argue that if a firearm is in the house and your fiancÚ has access to it, that could constitute "possession" by him and that would violate the order. That's an argument you probably don't want to have.

Someone could also argue that if your neighborhood is so bad that you don't feel comfortable being there without a gun then it's probably not a safe environment for the child and she shouldn't be there at all. That's probably another argument you don't want to have.

So yes, you can press your 2nd Amendment rights, but recognize that in your current situation it may lead to undesirable complications.

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#772462 - 09/02/16 07:11 PM Re: Firearm Ownership [Re: TJMH]
khsmiley Offline

newbie

Registered: 05/24/16
Posts: 26
Thank you for that....it helps with my perspective of things! And for the record, my firearm is stored in a safe and only I know where the key is!!

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#772463 - 09/11/16 12:47 PM Re: Firearm Ownership [Re: khsmiley]
shaybib Offline

recently joined

Registered: 09/11/16
Posts: 5
maybe there is a safe where you can deposit it outside your house .(dont know if you can put a gun in a bank deposit safe...)

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