Am I disqualified

[DannyAlan88]

I am sure this is a topic that has been asked over and over and I tried to find a topic on it but was unsuccessful. I had a protection order placed against me in February 2009 that will expire in February 2014. There where no criminal charges accompanying it, it came after a bad break up and was kinda mutual and I didn't realize at the time being only 20 years old that I was on the losing end of the order. My question is not that I am almost over with the five year order will I be eligible for a CCW after the expiration or is this a lifetime disqualification? Again there where no charges with it, just the protection order. Thanks in advance for your answers.

[BobK]

I see it is your first post, so WELCOME.

Depending on the details of the protection order, you may or may not be prohibited from possessing firearms at this time. It all depends upon the circumstances. For example, if you never cohabited with the ex girlfriend and you did not have a child with her, then that protection order does not apply to federal firearms disability.

These are the conditions which place a person under federal firearms disability:

I HEARING

• Defendant/Respondent received actual notice and had an opportunity to participate.

II. INTIMATE PARTNER Plaintiff/Petitioner is an intimate partner of the Defendant/Respondent,(18 U.S.C. § 921(a)(32)). An intimate partner may include:

• A spouse or former spouse of the Defendant/Respondent;
• A person who cohabitates or who has cohabitated with the Defendant/Respondent(i.e., who resides/resided together in sexual/romantic relationship); or
• A person with whom the Defendant/Respondent has or had a child in common (regardless of whether they ever married or cohabitated).

III. RESTRAINS FUTURE CONDUCT

• The order restrains Defendant/Respondent from harassing, stalking, or threatening the intimate partner, child of the Defendant/Respondent, or child of the Defendant/Respondent’s intimate partner; or
• The order restrains Defendant/Respondent from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to the partner or child.

IV. CREDIBLE THREAT OR PHYSICAL FORCE

• The order includes a finding that Defendant/Respondent is a credible threat to the physical safety of the intimate partner or child; or
• The order, by its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

See 18 U.S.C. §922(g)(8); see also 18 U.S.C. §§ 921(a)(32), 924(a)(2), and 925(a)(1) and the BATF'ers FAQ.

As far as after expiration (Feb 2014), that will not affect a CHL application at that time. A civil protection order only affects a CHL when it is active. See R.C. 2923.125