Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.
I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against me, which I'm currently appealing due to what I believe is a dramatic abuse of judicial discretion. My divorce order declared both of us as single, and the HRO complaints against me relate only to cooking and household matters, with no abuse or violence. Given that we have not been intimate partners for a considerable time (and my emotions toward her are solely empathy and compassion), am I correct in answering "no" to this question regarding being an intimate partner? If not, additionally, am I forbidden by federal law from any contact with firearms? I'm in the prebrief stage of the appeal, with a brief deadline in 29 days, and the decision is anticipated in 3 to 5 months. The HRO mandates no contact and staying 500 feet away from her residence and place of employment, which I have fully adhered to.
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A:
Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone with whom you've cohabitated in a romantic relationship. Since your divorce was finalized in 2023 and you've been separated since 2022, your ex-spouse would likely still be considered a "former spouse" regardless of current feelings.
The presence of an active HRO complicates your situation significantly. Federal law (specifically the Lautenberg Amendment) prohibits firearm possession by individuals subject to qualifying restraining orders that involve an intimate partner, even without violence allegations. The specifics of your HRO, its exact language, and whether it meets federal criteria for firearms prohibition require careful legal analysis beyond what general guidance can provide.
Given that you're appealing the HRO and the complexities involved, consulting with an attorney who practices firearms law in Minnesota would be your best course of action before completing Form 4473. Your specific timeline of separation, the exact language in both your divorce decree and the HRO, and the nature of the appeal all factor into this determination. While waiting for legal guidance, proceeding with extreme caution regarding firearms would be prudent, as incorrect Form 4473 responses can carry serious legal consequences. Your situation involves nuanced legal questions that deserve professional attention, particularly since you're actively appealing the restraining order.
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