Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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If someone is subject to a protective order for stalking, what is their status regarding firearm possession?

  1. They can possess firearms

  2. They can possess firearms if they are locked away

  3. They cannot possess, purchase or transport a firearm

  4. They can possess firearms only with a license

The correct answer is: They cannot possess, purchase or transport a firearm

In the context of protective orders, particularly those related to stalking, the law typically prohibits individuals under such orders from possessing, purchasing, or transporting firearms. This is rooted in the objective to enhance safety for the protected individuals, as the presence of a firearm in potentially volatile situations could lead to increased risks of violence. Federal laws, including the Lautenberg Amendment, establish that individuals convicted of domestic violence or subject to certain protective orders may lose their right to own firearms. Thus, when someone is under a protective order due to stalking, they are classified in such a way that restricts their access to firearms entirely. This prohibition is necessary to ensure the safety of those who are at risk of harm from the individual under the order. Consequently, this legal framework reinforces why the correct status regarding their firearm possession is that they cannot possess, purchase, or transport a firearm.

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