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Past Restraining Order Delay in NICS Check in Washington.. Any Info?

Discussion in 'Firearm Laws & Legal' started by 4Freedom, Jul 2, 2016.

  1. 4Freedom

    4Freedom Boise, Idaho Well-Known Member

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    My friend has a delay in his NICS check right now and is a bit worried. He tried to purchase a gun after many, many years of not even owning any firearms. I believe he had a court restraining order issued against him during a rough divorce trial a while back. He was issued a restraining order, but never had any conviction of any sort and is squeaky clean. His wife made all types of false accusations during the divorce trail and tried to remove custody of his kids , etc.

    Assuming the restraining order is expired or not active, would there be any issues with him acquiring the firearm? He is in the state of Washington. The restraining order was issued I think over a decade ago during his divorce in King County and he currently lives in Pierce County today. He told me the restraining order was never renewed and is no longer active as of 3 years ago.

    Any information people can give me would be helpful.
     
  2. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    Lots of different provisions are possible with a RO/protective order. For example,
    "
    An older provision of Washington law provides that, if a protective or restraining order states that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety or the health or safety of any individual, the court may...
    • (3) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
      "
    It could be that the delay is over something else, such as a prohibited person with the same name. Many possibilities. I wouldn't worry unless he's denied within 3 days.
     
  3. WALawyer

    WALawyer Tacoma, WA Member

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    So long as the protection order is no longer active, and he has no other disqualifiers, he should be good to go on possessing. It's difficult to say why he's being delayed, and the problem is compounded by the fact that NICS is currently not processing appeals.