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nicki
05-27-2009, 9:58 AM
It is my understanding that if you get a restraining order due to violence that it is a affirmative defense for carrying a loaded concealed firearm.

Problem is that it is very subjective and though even a person can present a defense, it still means alot of legal expenses.

People who could use this most would be victim's of domestic abuse.

We have varying opinions from 58 different DA's in this state.
I don't know if even the AG has weighed in on this yet.

I think we need to point blank ask the DA's with specific questions as to what their policies are as well as the AG and then post their answers.

Vague answers or non responses should be treated as hostile counties and we should make results public.

We should also share results with Domestic violence groups, especially local ones so that they can share the info with their client base.

Nicki

TheBundo
05-27-2009, 10:17 AM
If it's an exception in the law, what more do you need? I believe it is, but I'm too lazy to look it up right now. If so, what is the chance of it ever becoming an issue, assuming you carry correctly concealed and obey the laws?

nicki
05-28-2009, 2:25 AM
It became a big issue a few years ago for a woman who let her restraining order expire.

She inadvertently left her purse in "Lucky's" in Half Moon bay. The store clerks looked in her purse to find ID and they found her gun.

She returned to the store to get her purse, only to be arrested.

This woman was in hiding from a homicidal ex husband and her name and new address were put on the court calender, in short, made public record.

The judge fined her, gave her a few days in jail, however he put her on probation for 18 months and one condition of probation was that she was prohibited from owning any weapons.

I tracked down her lawyer a few years back, apparently her first lawyer screwed up. She did in fact have a valid restraining order and her new attorney was trying to work something out with the San Mateo DA.

This lady is in hiding, and only talked with her attorney briefly over the phone.
Her attorney was surprised that her story spread all across the country on various gun boards.

I found out about the case from a story in the San Fran chronicle. The reporter who wrote the story was outraged at the treatment that woman got from the San Mateo DA's office and the reporter made a comment that she always supported reasonable gun laws.

1000s of legitimate restraining orders are probably filed every week here in California. That is 1000's of people who need to know there rights.

Who knows, if the restraining orders are PUBLIC RECORD and if we can access addresses, perhaps a friendly mail campaign could be useful.

We are not the NRA, we are ourselves and as such, we can have a different packaging. Something to think about.

Nicki

gcvt
05-28-2009, 3:41 AM
I am very interested in this considering my break-in on the 17th of this month. http://www.calguns.net/calgunforum/showthread.php?t=185369

My girlfriend and I are currently in the process of filing with the Superior Court of California (County of San Francisco) to obtain Civil Harassment Restraining Orders (CH-150) against our neighbor.

gcvt
05-28-2009, 3:55 AM
If it's an exception in the law, what more do you need? I believe it is, but I'm too lazy to look it up right now. If so, what is the chance of it ever becoming an issue, assuming you carry correctly concealed and obey the laws?

Hey Bundo, Fate posted this in the thread about my recent break-in...post #48 in the thread linked above...

12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.

hill billy
05-28-2009, 7:03 AM
So then would having a civil or domestic RO with a threat of violence constitute sufficient cause for obtaining a ccw in a may issue county?

RomanDad
05-28-2009, 7:08 AM
So then would having a civil or domestic RO with a threat of violence constitute sufficient cause for obtaining a ccw in a may issue county?

Not neccesarily... Its a defense to a 12025 (carrying concealed)/12031(carrying loaded) charge.

hill billy
05-28-2009, 7:08 AM
Nope... Its a defense to a 12025 charge.

Bummer. I just filed an RO yesterday on someone. :(

RomanDad
05-28-2009, 7:11 AM
Bummer. I just filed an RO yesterday on someone. :(
I edited my response to "not Necessarily"

There are some counties that traditionally are difficult to get permits in that WILL issue for this.... Others wont. So the answer really is "Depends on the County".

hill billy
05-28-2009, 7:14 AM
I edited my response to "not Necessarily"

There are some counties that traditionally are difficult to get permits in that WILL issue for this.... Others wont. So the answer really is "Depends on the County".

I'm going to assume LA falls in the "You want a what?! :p" category.

JBird33
05-28-2009, 7:19 AM
I know that here in Shasta County if you are on either end of a restraining order the sherriff won't issue a CCW until it expires. It is one of the stipulations they hand out here in the packet that comes with the CCW application paperwork. Keep in mind, this is a county that is pretty shall-issue, as well.

Maestro Pistolero
05-28-2009, 7:43 AM
I know that here in Shasta County if you are on either end of a restraining order the sherriff won't issue a CCW until it expires. It is one of the stipulations they hand out here in the packet that comes with the CCW application paperwork. Keep in mind, this is a county that is pretty shall-issue, as well.

Either end of a restraining order? WTF?

hill billy
05-28-2009, 7:46 AM
Sure doesn't make a lot of sense.