If I have a brother who has an order of protection against him due to his wife so is now living with me, however I own legal firearms and he is not allowed to have them, must I give them up?

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If I have a brother who has an order of protection against him due to his wife so is now living with me, however I own legal firearms and he is not allowed to have them, must I give them up?

He was made to leave his primary residence and has moved in the residence I live in now in a different county because he has 50% ownership.

Asked on July 24, 2015 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, if someone is prohibited from owning firearms that extends to possessing them or having access to them. This means that none should be on the premises in which they live, no mater who the legal/registered owner is. Accordingly, you should remove them your guns until such time as your brother moves out.


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