When you get arrested for a domestic violence charge, the police will often remove you from home for the night and impose conditions of release on you. At your arraignment and the judge will enter a criminal protective order against you that may kick you out of the home for a long period of time, prevent contact with you and the victim, and require you to turn over your firearms.
Call a lawyer. The police will seize your firearms while they are in the process of arresting you. However, if they don’t or they miss some, Connecticut General Statute § 29-36k, requires you to do one of two things within 24 hours of the judge issuing a protective order at your arraignment: (1) sell your firearms to a federally licensed firearm dealer, or (2) give your firearms to the local police department.
Not until the protective order is no longer in place. If you surrendered them to the police department under Connecticut General Statute § 29-36k(c)(1), you can request the firearms be returned to you when the protective order expires or a court rescinds it. This typical happens when your criminal case is dropped or dismissed.
If you do not turn over your firearms, you can be arrested for a Class C felony, carrying up to ten years in jail, a two-year mandatory minimum, and a $10,000 fine, and probation. Click here to learn more about gun crimes.
Domestic violence crimes involve your significant other, spouse, roommate, or anyone related to you by blood or marriage. This also means you will be in to court the next business day for your arraignment. To learn more about domestic violence arrests, click here.
A protective order is an order by the criminal court preventing you from possession firearms, or ammunition, contacting the protected person, going to their home, and/or harassing, stalking, abusing, or interfering with them. You are also prohibited from having any firearms or ammunition. This order can only be modified by the judge.
Possibly, if you your children were home for the incident, the police will likely make a referral to DCF. DCF’s main priority is to make sure your children are safe so they will open an investigation and intrude into your life to do so. Click here to learn more about DCF investigations.
Get your guns back as soon as possible. Hire a top Connecticut domestic violence attorney to fight for you and your rights. Read from our hundreds of certified Avvo.com reviews. Then call Mark Sherman Law today.
