So you get a goofy restraining order hearing.
You can simply avoid needing to turn over your guns by filing an appeal before the time is expired to do so.
In most states the filing of an appeal automatically stays any court order that requires you to do something in response to the order.
So if you file an appeal before the expiration of the time needed to hand over your guns then the order is automatically stayed.
Depending on the state, you may have to do this very quickly, within a day or two...so prepare the appeal paperwork (usually a couple of pages) and get either into the electronic filing system or opt out of it (most states now require you to file electronically, but you can sign up for that anytime -- if you want to opt out of e-filing this may take some time, so do it well before any proceeding is noticed to you).
And want to save some $$$, don't even go to the hearing...you'll save some $$$ of transcript costs -- like 100-200 bucks, if really strapped for cash.
Anyone can file an appeal, you don't need a lawyer.
Once you file an appeal then ask for extensions of time to file your other required papers at the appellate court....after this you'll find that 1 yr. may have passed and you can file a motion to dismiss due to mootness.
Enough extensions will result in the appellate court case being heard outside the time period you would be required to be separated from your guns.
Most opposing parties will not even realize what the hell just happened and won't file a motion to terminate the automatic stay.
So the need to be prepared is paramount, have your appeal paper work at the ready.
So you get a goofy restraining order hearing.
You can simply avoid needing to turn over your guns by filing an appeal before the time is expired to do so.
In most states the filing of an appeal automatically stays any court order that requires you to do something in response to the order.
So if you file an appeal before the expiration of the time needed to hand over your guns then the order is automatically stayed.
Depending on the state, you may have to do this very quickly, within a day or two...so prepare the appeal paperwork (usually a couple of pages) and get either into the electronic filing system or opt out of it (most states now require you to file electronically, but you can sign up for that anytime -- if you want to opt out of e-filing this may take some time, so do it well before any proceeding is noticed to you).
And want to save some $$$, don't even go to the hearing...you'll save some $$$ of transcript costs -- like 100-200 bucks, if really strapped for cash.
Anyone can file an appeal, you don't need a lawyer.
Once you file an appeal then ask for extensions of time to file your other required papers at the appellate court....after this you'll find that 1 yr. may have passed and you can file a motion to dismiss due to mootness.
Enough extensions will result in the appellate court case being heard outside the time period you would be required to be separated from your guns.
Most opposing parties will not even realize what the hell just happened and won't file a motion to terminate the automatic stay.
So the need to be prepared is paramount, have your appeal paper work at the ready.
(post is archived)