protection from abuse order

**ruggerio** · September 6th, 2009, 02:32 PM

ho does one go about " surrendering firearms " if one is served with a protection from abuse order in philadelphia county ?

**rwilson452** · September 6th, 2009, 03:23 PM

The first thing you do is get a lawyer. there are several way to have them stored rather than surrender them to the PD. Surrender them to the PD and like as not you will never see them again. I would sell them before I would surrender them to the PD.

**DaveM55** · September 6th, 2009, 04:37 PM

http://www.state.pa.us/papower/cwp/v...?Q=447527&A=11

When firearms are relinquished to a third party for safekeeping, the sheriff’s office will determine whether or not the third party is prohibited from possessing firearms, other weapons or ammunition under federal or state law. If the third party is allowed to have the firearm in his or her possession, then both the third party and the defendant will sign affidavits authorizing the exchange and the sheriff will issue a safekeeping permit to the third party for the length of the PFA order or until revoked by the sheriff. The defendant is to then relinquish the items to the third party and obtain a signed acknowledgement receipt.

**PA Traveler** · September 7th, 2009, 10:06 PM

Originally Posted by rwilson452

The first thing you do is get a lawyer.

This^^^^^^^^^^

If they are surrendered to the PD, when you get them back, (IF you actually do) they are not gonna be in very good shape.

How's that for diplomatic?

Get good legal advice.

**dsnover** · September 8th, 2009, 09:02 AM

If the PFA stands up to the hearing, sucks to be you (no malice intended), and get some help, NOW, especially if there are children anywhere near the situation. On the other hand, if the PFA does NOT stand up to the hearing, demand that the PFA and all surrounding documentation be EXPUNGED, as if it is not, it can and will come back to haunt you. There is PA Supreme Court case law that supports expungement. See Carlacci v. Mazaleski, 798 A.2d 186 (Pa. 2002).

Definitely find someone to take temporary possession of your firearms, and good luck. IMHO, the system is heavily weighted against you, regardless of guilt or innocence. PFA's are especially nasty, as they seem to circumvent due process, and you are assumed guilty without even having a hearing.