View Full Version : Fed LEO friend & DV R Order
07-15-2009, 6:34 PM
Hello-- I have a friend who is a fed leo in ca and he just got served with a (possibly retaliatory) DV restraining order during a custody spat. He wants to do the right thing and turn in his guns to an agency but I told him that I think that there is a one time exemption/exception for leos in such a situation wherein they can keep their firearm (at least while on-duty) so that they can continue to work. Am I right? Does anyone know what code/law section I should point him to? Is this just for ca leos or would it work for him as a fed leo in ca? Or am I just losing my mind? He is thinking that he "can't be a cop" until this whole thing is seen through.
No, my "friend" is not me.
Please, no cop bashing. He is a good guy, as are the other leos that I know.
07-15-2009, 7:12 PM
AFAIK, there's no LE exemption.
And is this a TRO? I think he's entitled to a hearing within 72 hours? I don't remember...
07-15-2009, 7:43 PM
Hmm, I guess I should have gotten the details a little better than I did before I went a'posting. We were talking over cells across 3 time zones, so I didn't do my dilligence as duely as maybe I should have. I thought he said DV RO, but from what it sounds like, she called PD and said she felt "threatened" by my buddy... I don't think there was even any physical contact/proximity between the two, so I don't know how that worked out. It sounds more like she called PD and had him served over the perception of a threat. I'm a little confused at this, but I wasn't there and I didn't see the piece of paper that he was served with. Apparently it said he had to turn over his steel to an agency. Right now we're just trying to figure out if he can keep working in an armed capacity.
07-15-2009, 7:47 PM
for a TRO you have 24 hours from time of being served to either surrender them to law enforcement or sell them to a 01FFL
07-15-2009, 7:51 PM
Well, he's turned in his firearms. I guess we'll just have to wait and see what shakes out with the lawyer...
07-15-2009, 8:07 PM
that's a bummer, he won't get them back for at least a month.. he should fill out and mail in C.O.E. application to C.A.D.O.J. today
You were "...talking ... across three time zones..." so I assume one of you was/is not in California? Is your fed buddy in California?
The DV based proscriptions against gun possession have been particularly hard for LEO's here. When the law was determined to be applicable ex post facto many cops lost their jobs. It was disgraceful, especially the retro active application. I hope your buddy comes out OK.
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