Affidavit of Dispossession
Hi. Jef Goldtrap, Nashville attorney. In many counties there are domestic courts or domestic dockets. Not domestic like divorce cases but domestic violence. You will find many cases of domestic assault.
Today I watched several hearings regarding Orders of Protection. After someone has an Order of Protection granted, against them, they are given some paperwork. One of the documents is an “affidavit of dispossession.” Who else but lawyers would come up with such a long set of words for a simple idea? The idea is, “get rid of your guns.” At the end of an Order of Protection the judge will say Mr. or Mrs. Respondent, did you own any guns? Do you hold any guns for someone else? If you say No then you will be asked to sign an affidavit saying I do not own or hold any guns. If you say yes you will be given an Affidavit of Dispossession. The affidavit will have to be filled out by you AFTER you get rid of your guns.
Do you have guns? You will be given a short period of time to get rid of them. Do you have to sell them? No. You can give them to someone else. You can sell them. You can have someone hold them until you get the right back to hold your own guns.
Well, I will sign the paper but not give up my guns. They cannot tell me I cannot have my guns. Really? You run the risk of being arrested for the illegal possession of a weapon. You can be charged in State court AND in federal court. Remember the phrase “don’t make a federal case of it?” You have not seen trouble until you face a federal judge over something that you could have easily dealt with. Follow the rules. Dispose of your guns while there is an Order of Protection on you.
OK I will get rid of them. I live with Mom and Dad. I will “give” them to Dad. The guns that used to be in my house will still be in my house but we will say that Dad owns them now. Please do not run that risk. In earlier blogs and videos I have talked about Constructive Possession. If you are not in physical control of something but you could be and you have the intent to be you can be charged with possessing it. Do not face state and or federal charges, have to make bond, have to hire a lawyer, have to face jail, over an effort to skirt the system. Get rid of the guns for now.
I am Jef Goldtrap. If you are charged with a domestic violence offense get a lawyer. If you have an Order of Protection on you, get a lawyer. If you have an Order of Protection and own a gun get rid of the gun until further notice.