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Mr_franksmith
07-05-2012, 4:47 PM
Just hit with a bogus restraining order and need to transfer some rifles within 24hrs.
Any help will be appreciated.

morrcarr67
07-05-2012, 4:56 PM
I don't have the code but it has been said in this forum that the only legal thing you can do is turn them over to your LEO.

Mesa Tactical
07-05-2012, 5:01 PM
1. Get good Buddy and sell all guns to him for $1
2. Go to gun store and PPT them all to him.
3. Show transfer paperwork to court.
4. Resolve issues.
5. Buy back guns from Buddy for $1

I am not experienced in this area, but from what I understand this is not legally possible,

Anyway, what is legally possible should be spelled out on the restraining order.

RandyD
07-05-2012, 5:04 PM
Attorney here. Read the restraining order, you have two choices; 1) turn over to police or 2) sell to an FFL holder. There are no other options, which means you can't sell your firearms to your friends, family or anyone else.

Sorry to hear about your circumstances, get an attorney to help you through this. Most people do not understand this process. If you represent yourself, and botch the job of representing yourself, you do not get a free do over.

Mr_franksmith
07-05-2012, 5:05 PM
Was told I could sell to a friend. Just need to do a transfer thru a FFL Dealer.

Mesa Tactical
07-05-2012, 5:08 PM
Was told I could sell to a friend. Just need to do a transfer.

If Randy (family lawyer) is correct, then you were given bad advice, and that could bite you in the *** later.

You really need to get the correct scoop, and not from an internet message board.

HowardW56
07-05-2012, 5:08 PM
Just hit with a bogus restraining order and need to transfer some rifles within 24hrs.
Any help will be appreciated.

You have a restraining order.

The REQUIREMENTS are...


Surrender them to local police or sheriff for safekeeping.
Sell them to a FFL.
Anything else and you take your chances with the Judge...

Try these two....

www.calgunlawyer.com (http://www.calgunlawyer.com) http://www.dklawoffice.com/

ojisan
07-05-2012, 5:11 PM
My apologies...I thought that as long as they went through the FFL with 10 day wait they were clearly out of the OPs posession and could be sold to whoever.

My original post deleted....I learn something every day.

morrcarr67
07-05-2012, 5:16 PM
You have a restraining order.

The REQUIREMENTS are...


Surrender them to local police or sheriff for safekeeping.
Sell them to a FFL.
Anything else and you take your chances with the Judge...

Try these two....

www.calgunlawyer.com (http://www.calgunlawyer.com) http://www.dklawoffice.com/

I too would say to call Jason Davis www.calgunlawyer.com

Or Chuck Michel http://michellawyers.com/

RandyD
07-05-2012, 5:38 PM
Was told I could sell to a friend. Just need to do a transfer thru a FFL Dealer.

Are you going to follow the legal advice given to you by a friend (who I assume is not an attorney), or are you going to follow the written orders contained on the restaining order that was served upon you? A judge is not going to accept you running your own program, doing what you think is right or following the advice of someone that contradicts the written order he signed. One of the factors judges consider when deciding to issue or deny a restraining order is how compliant and cooperative was the restrained person to the written restraining order.

We frequently discuss this same topic every other month. Do some searches on this site pertaining to restraining orders, and read the threads and posts.

Mr_franksmith
07-05-2012, 5:42 PM
The Judge said," I could transfer thru a FFL Dealer"
The Deputy also said the same.

RandyD
07-05-2012, 5:43 PM
My apologies...I thought that as long as they went through the FFL with 10 day wait they were clearly out of the OPs posession and could be sold to whoever.

My original post deleted....I learn something every day.

If the OP could find an FFL that is willing to buy from him and then immediately sell to another buyer, the OP would be in compliance with the law. I doubt that an FFL would want to process such a transaction. If something went wrong, the FFL would have some liability.

RandyD
07-05-2012, 5:46 PM
The Judge said," I could transfer thru a FFL Dealer"
The Deputy also said the same.

The deputy is not an attorney and is not qualified to give you a legal opinion. It appears that you have the answers you want, so why are you seeking our imput?

HowardW56
07-05-2012, 5:52 PM
The Judge said," I could transfer thru a FFL Dealer"
The Deputy also said the same.

Is this a Temporary Restraining Order? Was there already a hearing?

Your initial post left out some very important information....

CSACANNONEER
07-05-2012, 5:53 PM
There are a few FFLs who will "buy" them from you and hold them until you can buy them back. If you have a good FFL, you might want to inquire about the cost of doing this.

Mr_franksmith
07-05-2012, 6:06 PM
Not askings for input, asking for a good FFL dealer. Thats just like an attorney no bucks, no help. I was under the impression this was the place to ask. Im having problems surrendering my 2nd amendment rights. I'll cut them up so they will never fire again. Thanks everyone. There's nothin like getting screwed twice and letting someone bank on my sorrows.

HowardW56
07-05-2012, 6:14 PM
Just hit with a bogus restraining order and need to transfer some rifles within 24hrs.
Any help will be appreciated.

Was told I could sell to a friend. Just need to do a transfer thru a FFL Dealer.

The Judge said," I could transfer thru a FFL Dealer"
The Deputy also said the same.

Not askings for input, asking for a good FFL dealer. Thats just like an attorney no bucks, no help. I was under the impression this was the place to ask. Im having problems surrendering my 2nd amendment rights. I'll cut them up so they will never fire again. Thanks everyone. There's nothin like getting screwed twice and letting someone bank on my sorrows.

Not once have you asked for a referral to a FFL dealer, nor have you told us what area you are in so you could be offered a referal...

Before you get pissed off for not getting the information you are looking for, try asking the question.

You still haven't provided much information....

Librarian
07-05-2012, 6:15 PM
Not askings for input, asking for a good FFL dealer. Thats just like an attorney no bucks, no help. I was under the impression this was the place to ask. Im having problems surrendering my 2nd amendment rights. I'll cut them up so they will never fire again. Thanks everyone. There's nothin like getting screwed twice and letting someone bank on my sorrows.

Geez, don't do that.

If the RO is lifted, you get them back, if you surrender to LE.

But you really do need a lawyer.

See also the wiki, which pretty much repeats what RandyD has already posted -- http://wiki.calgunsfoundation.org/Protective_or_Restraining_orders

mrrsquared79
07-05-2012, 7:33 PM
The Judge said," I could transfer thru a FFL Dealer"
The Deputy also said the same.

Ignore what they said, do what is written on the restraining order as that will be admissible in court, not what someone said.

unusedusername
07-07-2012, 7:31 PM
You can sell them to a FFL (for $1 and fees) who then in turn sells them to a buddy from store stock (for $1 and fees).

Handguns would need to meet roster requirements (or via SSE).

You can't PPT them. Don't give them to the PD unless you have no other choice.

12voltguy
07-07-2012, 9:49 PM
You can sell them to a FFL (for $1 and fees) who then in turn sells them to a buddy from store stock (for $1 and fees).

Handguns would need to meet roster requirements (or via SSE).

You can't PPT them. Don't give them to the PD unless you have no other choice.

:confused:

pHredd9mm
07-07-2012, 10:14 PM
How about a pawn shop with a ffl?

F-2_Challenger
07-07-2012, 10:28 PM
Their are other options. Think outside the box.

unusedusername
07-07-2012, 10:36 PM
12voltguy:

Step 1: sell the gun to a FFL. No rostering considerations here as a gun dealer can buy non-rostered handguns.

Step 2: the FFl sells the guns to "a buddy". Since the guns are owned by the FFL at this point, just like any new gun sale, the handguns must meet the roster requirement (or be single-shotted) in order for the FFL to sell them to a non-exempt person.

Also, since these would be sold "from dealer stock" the 1-in-30 days requirement would also apply to handguns.

Usually with used guns people just PPT them so that the roster and the 1-in-30 daya rule does not apply, however in the case of a TRO a PPT is not allowed.

Since the OP specified "rifles" this should not be an issue in this case.

goober
07-07-2012, 11:48 PM
also, to the OP, and others reading this:
PLEASE include a meaningful description of your problem or question in your post title!
Lots of good advice has been given, best of luck with your situation.

12voltguy
07-08-2012, 8:50 AM
12voltguy:

Step 1: sell the gun to a FFL. No rostering considerations here as a gun dealer can buy non-rostered handguns.

Step 2: the FFl sells the guns to "a buddy". Since the guns are owned by the FFL at this point, just like any new gun sale, the handguns must meet the roster requirement (or be single-shotted) in order for the FFL to sell them to a non-exempt person. Also, since these would be sold "from dealer stock" the 1-in-30 days requirement would also apply to handguns.

Usually with used guns people just PPT them so that the roster and the 1-in-30 daya rule does not apply, however in the case of a TRO a PPT is not allowed.

Since the OP specified "rifles" this should not be an issue in this case.

FFL could sell them to BUDDY & BUDDY consign them, then no roster:)
I think :TFH:

unusedusername
07-08-2012, 1:09 PM
The FFL can't sell a handgun that the FFL owns to someone not exempt from the roster without it being roster compliant, unless the FFL breaks the law.

A TRO does not allow you to consign your guns, only to sell them to a FFL or give them to PD.

SilverTauron
07-08-2012, 1:20 PM
Given what the law states, in the OP's situation id turn over the guns to Law Enforcement. The point of allowing a sale to a dealer is in the event the owner wishes to PERMANENTLY divest themselves of guns entirely. If you want to keep the weapons, the law provides one alternative-surrender to the police for the duration of the TRO.

Remember that a TRO isn't the same thing as a DV conviction which triggers the Lautenberg Amendment with the permanent loss of gun rights. Assuming the judge throws out the TRO, file the appropriate paperwork with LE to get the weapons returned. Do note that unless state law says otherwise, there's no restriction on buying a new gun after the TRO is thrown out, so just because the OP's collection is rotting in a PD storage locker doesn't mean he can't buy a brand new gun legally.

mmayer707
07-08-2012, 4:00 PM
Not askings for input, asking for a good FFL dealer. Thats just like an attorney no bucks, no help. I was under the impression this was the place to ask. Im having problems surrendering my 2nd amendment rights. I'll cut them up so they will never fire again. Thanks everyone. There's nothin like getting screwed twice and letting someone bank on my sorrows.

Uh, give them to LE and get them back after the "bogus" restraining order is lifted. What is so hard to understand? Why in the hell would you destroy them? :confused:

alfred1222
07-08-2012, 6:02 PM
Ok, so to get back on track, OP DONT destroy the guns. Give us a location and we can guide you to an FFL that will help you out

Demonicspire
07-08-2012, 7:43 PM
I think the key is, how likely are you to be convicted/slapped with something that perma-disables. I'm sure an understanding FFL could keep them for you, but if its just a (verbally) angry divorce and there has been no violence, and you expect to have all this lifted soon, then give them to the cops. Get a receipt, if they don't give them back, you can sue them, buy yourself new guns with the money.

But if you did something that is going to get you in real trouble, eh, sell them.

HowardW56
07-08-2012, 7:51 PM
I think the key is to ask the question that you are looking for the answer to...

The OP never asked a direct question...