GAINEY v. GAINEY

No. COA07-1573.

669 S.E.2d 22 (2008)

Thelma GAINEY, Plaintiff, v. Herbert F. GAINEY, Defendant.

Court of Appeals of North Carolina.

December 2, 2008.


Attorney(s) appearing for the Case

Office of Guilford County Attorney, by Matthew L. Mason, for Guilford County Sheriff, BJ Barnes, appellant.

No brief filed on behalf of plaintiff.

No brief filed on behalf of defendant.


STROUD, Judge.

The Guilford County Sheriff ("the Sheriff") contends that the trial court erred when it granted defendant's motion for the return of weapons surrendered pursuant to a domestic violence protective order because defendant is prohibited from owning or possessing any firearm pursuant to 18 U.S.C. § 922. We reverse and remand.

I. Factual Background

On 4 December 2006 plaintiff filed a complaint...

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