Monday, March 20, 2006

Temporary Orders: The Pistol Packin Problem

If you are a card carrying member of the NRA, beware of Temporary Orders! Even if violence was never raised as an issue, if you carry a firearms under a domestic court order by any jurisdication (which a Texas temporary order is), you may be up against federal criminal sanctions. U.S. v. Emerson (270 F.3d 203 (5th Cir.2001).

Most judges are unaware of this, but I have seen some judges ask the parties if either of them own firearms before they grant temporary orders.

The constitutionality of domestic orders is really at issue. How the need for the stability of temporary orders in family law case measures against the fundamental right to bear arms of the second amendement to the constitution has yet to be decided. It seems that nobody really wants to knoch these two heads together by challenging it.

But this being Texas, we do love our shooting irons. So it is probably just a matter of time before this issue comes up before the Supreme Court.

See also: Child Abuse, Family Violence and Protective Orders