pfa guns - Spivak Law Firm

PFA Law: 24 Hours to Relinquish Guns

Posted on November 10 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, a person subjected to a Final Protection From Abuse (PFA) order was given 60 days to turn over his or her firearms.

A new law speeds up the time that people have to relinquish their guns to 24 hours after they have been convicted of a misdemeanor domestic-violence crime or had a Final PFA order approved against them by a judge.

The 24-hour provision intends to close a loophole that exposed domestic-abuse victims to continued risk of violence even after obtaining a PFA order.

The new law applies even in cases of alleged stalking, harassment, and assault where guns were not involved.

Spivak Law Firm provides strong representation at PFA hearings. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA And Guns: Law Requires Police Involvement

Posted on January 22 2020 by Todd Spivak and Rebecca Canterbury

Pennsylvania has adopted tougher rules for guns in domestic-abuse cases.

A new law requires that people subjected to a Final Protection From Abuse (PFA) order must turn over their guns to police.

PFA defendants will not longer be able to merely let a family member or friend take possession of the firearms.

For years, Pennsylvania’s “third-party safekeeping” provision allowed PFA defendants to choose a person to hold onto their guns. Police would run a criminal-background check to ensure the person was permitted to possess firearms.

During legislative hearings, the Pennsylvania Sheriffs’ Association expressed concerns about the cost of storing guns.

Spivak Law Firm provides strong, aggressive representation at PFA hearings and all criminal domestic-violence hearings. We routinely handle PFAs and PFA violations, as well as criminal cases alleging simple assault, harassment, stalking, reckless endangerment, and terroristic threats.

To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Law Restricts Guns

Posted on March 11 2019 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm has represented many people who cherish the Constitutional right to own guns. Some are hunters. Some are police officers and other law-enforcement officials whose livelihoods depend on the ability to carry a firearm.

In Pennsylvania, the Protection From Abuse (PFA) law has been changed to restrict gun ownership against people accused of domestic abuse.

For the first time, a person subject to a Final PFA order will be required to give up his or her guns to police within 24 hours. The law applies even in cases of alleged stalking and harassment where a firearm was not involved.

The law is controversial because the burden of proof for obtaining a Final PFA order is far lower than for obtaining a criminal conviction. In fact, many people subject to Final PFA orders are never even charged with a crime.

If you’ve been served with a PFA, call Spivak Law Firm for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Guns

Posted on July 10 2017 by Todd Spivak and Rebecca Canterbury

A Protection from Abuse Order (PFA) temporarily restricts you from possessing guns, even if the incident that gave rise to the PFA did not involve a gun.

A PFA issued after a final hearing will restrict your use of a gun for up to three years. If you are an avid hunter or a law enforcement official who depends on the use of guns for your livelihood, firearm restrictions may wreak havoc on your life.

Spivak Law Firm has assisted many law enforcement officers whose livelihoods depend on their ability to carry weapons.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

No Guns for PFA Defendants

Posted on September 29 2016 by Todd Spivak and Rebecca Canterbury

Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.

The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.

Guns are the most common method for killing intimate partners.

Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.

Spivak Law Firm handles all areas of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

No Guns For PFA Defendants

Posted on March 21 2016 by Todd Spivak and Rebecca Canterbury

Should Pennsylvania adopt stricter gun laws in an attempt to reduce domestic violence?

Many states have recently done so. For instance, Maine last year passed a law prohibiting people convicted of domestic violence crimes from owning guns for five years after completing their court-ordered sentences.

In Pennsylvania, people with active Protection From Abuse (PFA) Orders against them are prohibited from possessing firearms. PFA defendants must either relinquish weapons to their local sheriff’s office or give them to a friend or family member for safekeeping.

Some activist groups want to further restrict PFA defendants by eliminating the state’s third-party safekeeping provision.

Spivak Law Firm handles all matters of family law and criminal defense with a focus on domestic violence. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Despite PFA, Man Guns Down Ex-Girlfriend

Posted on November 2 2015 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.

But sometimes a PFA is just a piece of paper.

Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.

Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.

But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.

“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.

Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Trump Right to Own Guns

Posted on October 25 2014 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, Protection From Abuse (PFA) Orders obliterate a person’s constitutional right to possess firearms. A person served with a PFA is immediately ordered to:

–Relinquish to the sheriff any of the defendant’s firearms;

–Relinquish to the sheriff any other weapons or ammunition of the defendant that were used or threatened to have been used in an incident of abuse against the victim or the victim’s children;

–Relinquish any firearm license that the defendant may have;

–Not acquire or possess any other firearm for the duration of the PFA;

When relinquishment is ordered, the defendant must surrender any firearm, weapon, ammunition, or license ordered within 24 hours after service of the temporary PFA order or 24 hours after entry of the final PFA order.

The defendant has the option to relinquish for safekeeping to a third party, who has signed an Affidavit of accountability with the sheriff’s office.

Served with a PFA? We strongly defend your rights and reputation. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Guns

Posted on February 18 2013 by wirthdesign

PFA and Guns Pittsburgh Attorneys

A PFA is more than just a “no-contact” order. It can evict you from your home and take away your children. Additionally, a PFA can restrict your Second Amendment right to own guns for hunting and personal safety.

Pennsylvania law authorizes courts to confiscate a PFA defendant’s firearms, ammunition, and firearms license even prior to the PFA hearing. The mere accusation of abuse can result in seizure of your guns and any other weapons even in cases of alleged stalking and harassment where a firearm was not involved.

Spivak Law Firm advises PFA defendants on how to protect their Second Amendment right to possess firearms. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

Relinquishing Firearms in PFA Cases

If you’ve been served with a temporary PFA or if a final PFA was entered in your case, you may have just 24 hours to surrender your guns, weapons, ammunition, and firearms license to your local sheriff’s office. Ignoring a court order to relinquish your guns could result in up to ten (10) years imprisonment under federal law.

Under Pennsylvania law, PFA defendants may no longer give their guns to a friend or family member for safekeeping. To speak with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Orders Affect Hunters and Gun Owners

Posted on September 28 2020 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania law, an active Protection From Abuse (PFA) order restricts defendants from possessing firearms.

If you’ve been served with a PFA, you may have to relinquish all your guns.

This is the case even when there are no specific allegations of threatening behavior involving a firearm.

For people who enjoy hunting, the removal of their firearms can be devastating.

In rural counties, judges sometimes try to persuade defendants to accept settlement terms in order to avoid the risk of a final PFA order that could keep them from hunting for as long as three years.

At Spivak Law Firm, we provide strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Crawford, Fayette, Indiana, Lawrence, Mercer, Washington and Westmoreland.

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.