Civil Protection Order Changes and Destruction of Firearms

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High Power
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Civil Protection Order Changes and Destruction of Firearms

Post by High Power »

Has anyone else heard about this? It is a proposed rule change for the Ohio Rules of Superintendence on Civil Protection Orders. The last date for public comment is on October 12, 2018. What is particularly alarming is that the Courts could permit the destruction of privately owned weapons as unclaimed property after a CPO has expired.

Several sections in the proposed rule change state:
Upon the expiration of this Order and if a full hearing order is not granted, any deadly weapons, firearms, and ammunition held in protective custody by law enforcement pursuant to this Order may be disposed of as unclaimed property pursuant to R.C. 2981.12 unless Respondent files a motion for return with this Court.
Here is a link to the proposed rule change: http://www.supremecourtofohio.gov/rulea ... mment).pdf

Here is a link to an attorney's analysis to the proposed rule change: https://www.buckeyefirearms.org/sites/b ... laysis.pdf

I'm also curious as to what Justices voted for the proposed rule change.
"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein
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sodbuster95
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Re: Civil Protection Order Changes and Destruction of Firear

Post by sodbuster95 »

Dupe. Looks like WhyNot beat you to it by 2 hours.
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Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
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schmieg
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Re: Civil Protection Order Changes and Destruction of Firear

Post by schmieg »

The rule that they wish to change states that the weapons can be destroyed if the person fails to file a motion with the court within 30 days. No big change here. We will just have to watch and make sure that they aren't destroying them within a half hour of the CPO termination. If that's the case, the legislature should get involved.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
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