PDA

View Full Version : restraining order dismissed


mxadam579
05-18-2012, 3:02 PM
well the restraint was dropped now how and what do i have to do to get my firearms back from anaheim pd the meriator worked out well thanks

mrdd
05-18-2012, 3:11 PM
Congratulations! Here is the form you need to fill out. Instructions are included.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/legr.pdf

Paul S
05-18-2012, 3:18 PM
Congratulations.
1. Contact the P.D. that is holding your firearms...advise the order has been lifted and that you will begin the legal process to have the firearms returned. Do this by phone AND in writing. Be sure to make note of who you speak with on the phone as well as the time and date of the telephone call. Refernece the call in your letter. This will give documentation should the P.D. screw up and destroy your firearms. It's happened in the past to some. Should this happen this info will be the source of your recourse.

2. Download this form from the AG's DOJ site.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/legr.pdf?

Fill it out exactly as instructed. Be prepared to proved proper documentation that the RO had been lifted/canceled.

3. Mail the completed form to DOJ along with any fees which might apply.

4. In due course you will be provided documentation that you are indeed OK to have your firearms returned to you.

5. Take this and go to the P.D. and get your firearms back. You will likely get them without any ammo which might have been in the firearms or accompanied the firearms when you turned them in.

Also...continue to watch this thread for postings from those more knowledgeable than I. If I have made any errors in this info my fellow Calgunners will surely correct them.

Good luck to you.

E.T.A. CORRECT Ag-DOJ form - and a tip of my hat to Gray

five.five-six
05-18-2012, 3:30 PM
woot: :party:

Gray Peterson
05-18-2012, 3:31 PM
Congratulations.
1. Contact the P.D. that is holding your firearms...advise the order has been lifted and that you will begin the legal process to have the firearms returned. Do this by phone AND in writing. Be sure to make note of who you speak with on the phone as well as the time and date of the telephone call. Refernece the call in your letter. This will give documentation should the P.D. screw up and destroy your firearms. It's happened in the past to some. Should this happen this info will be the source of your recourse.

2. Download this form from the AG's DOJ site.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

Fill it out exactly as instructed. Be prepared to proved proper documentation that the RO had been lifted/canceled.

3. Mail the completed form to DOJ along with any fees which might apply.

4. In due course you will be provided documentation that you are indeed OK to have your firearms returned to you.

5. Take this and go to the P.D. and get your firearms back. You will likely get them without any ammo which might have been in the firearms or accompanied the firearms when you turned them in.

Also...continue to watch this thread for postings from those more knowledgeable than I. If I have made any errors in this info my fellow Calgunners will surely correct them.

Good luck to you.

Use LEGR, not PFEC

ElvenSoul
05-18-2012, 3:42 PM
Good News! Hope you get your guns back.

HowardW56
05-18-2012, 4:04 PM
mxadam, did you have an attorney with you in court?

glockman19
05-18-2012, 4:37 PM
Congrats!!!
:hurray:
:party:

mxadam579
05-18-2012, 4:39 PM
at howard no i repesented myself as i was innocent and felt i had enough evidence to prove my innocense

dave1947
05-18-2012, 5:08 PM
now take them to small claims court to recover all cost you incurred. wish you could sue for agravation too

mxadam579
05-18-2012, 5:39 PM
thats a thought im gonna talk to a lawyee about just ao releived the RO is off

mrdd
05-18-2012, 6:43 PM
Remember to page CGF if you have any problems getting your firearms back from the police.

alfred1222
05-18-2012, 7:27 PM
thats GREAT!!!!!

huntercf
05-18-2012, 7:31 PM
Congratulations! I always cringe when I hear about someone having their firearms (property) taken based on basically nothing and then having to jump through hoops to get them back.

RandyD
05-18-2012, 7:32 PM
Good for you! Now that it is over, share the details of how and why the restraining order was issued and what happened in court. I know you already told me about the TRO, but your story is worth sharing. BTW, you can't sue in small claims to recover costs incurred in another legal hearing.

mxadam579
05-18-2012, 8:41 PM
basically the judge piked 3 cases he thought mediation would work and i got it that way she started crying and said sum of the stuff was false and when they violated it by being at my residence after it was in effect she said they sdidnt expect to see me and video them it was kinda funny seein her cry there r way to easy for people to get on other people thanx randy for the help

battleship
05-18-2012, 9:09 PM
Fantastic news, i would like to hear a recap of how this came about from the beginning, and a more detailed account of your experience in front of the judge.

Ron-Solo
05-18-2012, 9:37 PM
Good news. Now it is time to start the process to get your guns back. Here are steps that will help you:


Make sure you keep copies of your surrender paperwork and as soon as you get the R/O lifted, file a LEGR. The LEA will not be able to release the guns to you without the LEGR. Also, get certified copies of any court documents indicating the release of the R/O. Periodically, make contact with the property custodian at the PD to maintain a good relationship with them. Remember, it is not their fault the laws are the way they are in this state. They will know that you are not being unreasonable, and want to retrieve your property at the earliest possible time.

When I was a Watch Commander at a station, our property custodians only worked business hours. They would often leave property in the Watch Commander's safe with the necessary release forms for after hours pickup. I released a lot of stuff, including firearms to their owners in the middle of the night. Many people get frustrated dealing with the bureaucracy that involves government agencies, but if you work within the system, it will work for you.

A few months back a member was having difficulties getting a firearm returned. I gave him a few pointers and suggestions, and he was able to get his gun back a few days after he received his LEGR.


*** EDIT*** The day you get the restraining order lifted, send a certified letter to the PD informing them of your intention to recover your firearms as soon as you receive the LEGR from DOJ. This will put them on notice legally an hopefully avert any misunderstanding that could cause the guns to be destroyed by mistake. Also, when you contact the property custodian find out all of the documentation that you will need. That will give you time to gather what you need.

Atlantaboi2012
05-18-2012, 9:43 PM
California is so one sided...and that side is with the woman...I had a ex-nutcase come to my "gated" up complex and cause a scene outside my door. I didnt even go outside.I called the cops and told her to go away through the window since ANY physical contact would constitute domestic violence ESPECIALLY in CA. I issued an RO on her and guess what she does? She issues one on me and the judge grants IT!! How does that happen? Of course the judge was female and guess who had to turn in his guns? ME ..why? the judge stated because of my training and potential threat of retaliation she felt it was best until there was a resolution... WHAT? She came to MY house which was GATED... It didnt matter, so for 2 months I was completely naked. the worse part is that even though they release ur guns, you still have to make an appointment to pick them up when they feel like accomodating you. Only in California

VegasND
05-19-2012, 4:30 AM
What a bizarre thread and crazy attitudes.

The government makes a citizen who has not been convicted of any crime surrender his legal property to a government agency and you guys are celebrating because he has to pay money (ransom?) to get his own property back.

FUBAR for sure.

[Wait ... it's California -- I guess it should be SNAFU]



Sorry you were screwed around by the corrupt and evil system. I hope you can get your property returned and get on with your life.
well the restraint was dropped now how and what do i have to do to get my firearms back from anaheim pd the meriator worked out well thanks

mrdd
05-19-2012, 2:05 PM
The government makes a citizen who has not been convicted of any crime surrender his legal property to a government agency and you guys are celebrating because he has to pay money (ransom?) to get his own property back.

My offer of congratulations was based on him getting the RO dismissed. I agree that the both the RO and the LEGR systems are evil and corrupt.

mxadam579
05-19-2012, 4:09 PM
will i have any problem getting my ruger lcp back or should it b treated like the rest of them there all registered to me

HowardW56
05-19-2012, 4:37 PM
will i have any problem getting my ruger lcp back or should it b treated like the rest of them there all registered to me


It shouldn't be a problem...

ryno066
05-19-2012, 5:44 PM
5. Take this and go to the P.D. and get your firearms back. You will likely get them without any ammo which might have been in the firearms or accompanied the firearms when you turned them in.

Why would they take your property and not return it? This happen to a buddy of mine. When they took his firearm (41 mag) he had like 300 rounds in the trunk and they took with it with the gun. It's is not cheap ammo. When he picked up the gun the station didn't want to return the ammo. He made a stink and got the ammo returned to him. So does anyone know why it would be ok for the police to steal your ammo?

Tiberius
05-19-2012, 6:14 PM
Because they can.

mag360
05-19-2012, 6:24 PM
that is why cgf made that complaint form. Hopefully it will help.

mag360
05-19-2012, 6:36 PM
spelling and sentences would be helpful for a full story, in my opinion.

mxadam579
05-20-2012, 7:15 AM
^^^^^^^^^^^ why didnt u start ur sentence with a capital "s"

anthonyca
05-20-2012, 7:49 AM
California is so one sided...and that side is with the woman...I had a ex-nutcase come to my "gated" up complex and cause a scene outside my door. I didnt even go outside.I called the cops and told her to go away through the window since ANY physical contact would constitute domestic violence ESPECIALLY in CA. I issued an RO on her and guess what she does? She issues one on me and the judge grants IT!! How does that happen? Of course the judge was female and guess who had to turn in his guns? ME ..why? the judge stated because of my training and potential threat of retaliation she felt it was best until there was a resolution... WHAT? She came to MY house which was GATED... It didnt matter, so for 2 months I was completely naked. the worse part is that even though they release ur guns, you still have to make an appointment to pick them up when they feel like accomodating you. Only in California

http://www.ovw.usdoj.gov/

http://en.m.wikipedia.org/wiki/Violence_Against_Women_Act#section_3

It's not just California. If states don't arrest, issue ROs, and prosecute with virtually no evidence they lose hundreds of millions in federal funding. It's also a federal felony to exercise your fundament right to own a weapon if you have a DV RO against you.

You can not escape.


^^^^^^^^^^^ why didnt u start ur sentence with a capital "s"
:D

xpbprox
05-20-2012, 8:01 AM
^^^^^^^^^^^ why didnt u start ur sentence with a capital "s"

This

xpbprox
05-20-2012, 8:01 AM
California is so one sided...and that side is with the woman...I had a ex-nutcase come to my "gated" up complex and cause a scene outside my door. I didnt even go outside.I called the cops and told her to go away through the window since ANY physical contact would constitute domestic violence ESPECIALLY in CA. I issued an RO on her and guess what she does? She issues one on me and the judge grants IT!! How does that happen? Of course the judge was female and guess who had to turn in his guns? ME ..why? the judge stated because of my training and potential threat of retaliation she felt it was best until there was a resolution... WHAT? She came to MY house which was GATED... It didnt matter, so for 2 months I was completely naked. the worse part is that even though they release ur guns, you still have to make an appointment to pick them up when they feel like accomodating you. Only in California

F that. That sucks bro

Gray Peterson
05-20-2012, 8:03 AM
California is so one sided...and that side is with the woman...I had a ex-nutcase come to my "gated" up complex and cause a scene outside my door. I didnt even go outside.I called the cops and told her to go away through the window since ANY physical contact would constitute domestic violence ESPECIALLY in CA. I issued an RO on her and guess what she does? She issues one on me and the judge grants IT!! How does that happen? Of course the judge was female and guess who had to turn in his guns? ME ..why? the judge stated because of my training and potential threat of retaliation she felt it was best until there was a resolution... WHAT? She came to MY house which was GATED... It didnt matter, so for 2 months I was completely naked. the worse part is that even though they release ur guns, you still have to make an appointment to pick them up when they feel like accomodating you. Only in California

Case # and which superior court?