Brady Disqualified

If a party has a domestic violence restraining order entered against them, they are barred from possessing a firearm.  This is sometimes called Brady disqualified.  Brady disqualified means that a person is disqualified under criteria set for in the Brady Bill from purchasing a firearm. 18 U.S.C. SS 9 (d) (8), requires the following three conditions to be met in an order to disqualify a handgun purchase.

1. the order was issued after a hearing, of which the subject received actual notice, and at which such person had the opportunity to participate; and

2. includes a finding that the subject represents a credible threat to the physical safety of an intimate partner or child; or

3. explicitly prohibits the use, attempted use, or threatened use of physical force against an intimate partner or child that would reasonably be expected to cause bodily injury.