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Am I restricted from hunting under an order of protection?

Are you looking forward to hunting season? You may have a problem if you have a protective order filed against you.

The order, in compliance with state and federal regulations, could mean firearm restrictions. Usually, these orders are temporary but can become prolonged in some situations.

In Tennessee, courts commonly issue protective orders for year durations, with the possibility of extensions. A judge may find those who violate the terms of a protective order in contempt of the law (with associated civil penalties).

State firearm restrictions

Tennessee law prohibits those with protective orders from possessing or carrying a firearm. The state laws combine with federal regulations surrounding orders of protection.

Here’s what you should know regarding your rights under an active protective order:

  • Within 48 hours of a judge granting an order of protection, the person with the order is required to transfer their “physical possession” of any firearms to a qualified third party.
  • If a person, subject to an order of protection, is found in possession of a firearm, he or she could be charged with a criminal offense.
  • That person would also be suspended or terminated from their legal right to purchase or possess a firearm.

These laws might not apply to military personnel, law enforcement officials, and other government employees who need guns during their duties.

Can an order of protection be prevented?

If hunting is an important part of your life, you need to explore the legal options available to you. Obviously, the best result is to avoid receiving an order of protection in the first place. The law is clear as it relates to any firearm use. If you want to hunt, it is important to contact an attorney with experience in protective orders.

State Bar of Georgia
TBA | Tennessee Bar Association
CBA | Chattanooga Bar Association
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