Blog

The Relinquishment Gap and Protection from Abuse Orders in Pennsylvania

Posted by Joseph D. Lento | Jul 25, 2019 | 0 Comments

A bizarre chain of events in Florida brings an often overlooked aspect of domestic violence law into the limelight: The so-called “Relinquishment Gap” that can allow people to keep their guns after they have had a protection from abuse order filed against them.

Woman Secures PFA, Brings Husband's Guns to Police, Gets Arrested

After a court hearing for their contentious divorce, the husband followed his wife home and rear-ended her car several times, forcing her off the road.

He was arrested, charged with domestic assault, and spent the day in jail. While he was behind bars, his wife got a protection from abuse order against him. That order required him to surrender his guns.

Knowing that Florida is notorious for not following through on these requirements, the wife went to his house, took an assault rifle and a handgun, and brought them to the police.

She was promptly arrested for armed burglary and grand theft because she did not have her husband's permission to enter his apartment. Those charges were only reduced to a misdemeanor charge for trespassing after a public outcry that she was facing more time in jail than he was.

The Relinquishment Gap After a PFA Order

The law that requires suspected domestic abusers to surrender whatever firearms they own is a federal one. Found at 18 U.S.C. § 922(g)(8), the federal law makes it illegal for someone to possess a gun if they are the subject of a restraining or protection order that deems them a “credible threat” to an “intimate partner.”

Federal agents do not enforce the law, though. The burden of following through on this provision falls on the state or, far more frequently, local law enforcement. Rules and regulations for enforcing the law vary depending on the state.

Some states, like Florida, don't have any rules. They merely say that someone under a restraining order and who gets caught in the possession of a prohibited firearm can go to jail. They do not send police to take the guns away.

This loophole is known as the “Relinquishment Gap,” and has plagued the enforcement of domestic violence laws and restraining orders across the country. For domestic abusers who have decided to use deadly force against their partner, the jail time is irrelevant.

Pennsylvania is one of the states that have rules in place to pave over this Relinquishment Gap. 23 Pa. Cons. Stat. § 6108 gives alleged abusers 24 hours to relinquish their weapons to the local sheriff, a private party, or even a gun dealer for safekeeping. Whoever receives the firearms has to provide a written receipt that says they have received the guns. That receipt is then brought to the court as proof that the person under the protection from abuse order has complied with its terms.

Domestic Violence Lawyer Joseph D. Lento Serves Philadelphia 

Protection from abuse orders serve an integral role in Philadelphia's domestic violence laws, and criminal defense lawyer Joseph D. Lento can help. Whether you feel threatened by someone else or are trying to preserve your rights against one that has been filed against you, the legal guidance of attorney Lento can make a difference. Contact him online or call his law office at (215) 535-5353.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Footer 2

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu