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flyinverted
12-11-2012, 8:30 PM
Need help here.

My brother is an actively working reserve LEO and his psycho ex-wife just filed a TRO against him. He's got 24 hours to turn in is weapons, even his department issued weapon.

I haven't read the exact wording of the TRO, but I'm opined to believe that I can take possession of them for up to 30 days and he will meet the terms of the TRO. (Yes I have a current HSC)

I told him to NOT trust is own department because they can force him to go through the same get your gun back procedures as you and I have to do.

Calguns is this something you can assist with?

taperxz
12-11-2012, 8:41 PM
Sounds like a good plan.

Casual_Shooter
12-11-2012, 9:12 PM
Need help here.

My brother is an actively working reserve LEO and his psycho ex-wife just filed a TRO against him. He's got 24 hours to turn in is weapons, even his department issued weapon.

I haven't read the exact wording of the TRO, but I'm opined to believe that I can take possession of them for up to 30 days and he will meet the terms of the TRO. (Yes I have a current HSC)

I told him to NOT trust is own department because they can force him to go through the same get your gun back procedures as you and I have to do.

Calguns is this something you can assist with?

The wording on the TRO is typically (paraphrasing) " Turn your firearms over to the police or sell to dealer"

There is no option to "sell to a friend".

I don't know that it's illegal to do that, but it is not spelled out that way on a TRO.

Ron-Solo
12-11-2012, 9:13 PM
Most departments have policies that REQUIRE you to notify them if you become the subject of a TRO, and require you to turn in any department issued firearm until the issue is resolved. It happens from time to time, so most departments are set up to deal with it. Failing to disclose on my old department was grounds for the immediate dismissal of a reserve deputy, and disciplinary action for a full time deputy. He CAN NOT work as an armed reserve with a TRO that has a firearms restriction.

Librarian
12-11-2012, 9:17 PM
Your brother needs his own lawyer RIGHT NOW. Not in the morning. Not when he gets around to it. NOW.

TROs are not flexible in their wording - but judges have been known to be. Only a lawyer can get that done.

The wording of those ordinarily does not allow anyone but local PD and a dealer to take the guns.

See the wiki -- http://wiki.calgunsfoundation.org/Protective_or_Restraining_orders

flyinverted
12-11-2012, 9:58 PM
Good news is that his department resources are going to represent him in court.

From http://law.onecle.com/california/civil-procedure/527.9.html I found this nugget:

"In any case involving a peace officer who as a condition of employment and whose personal safety depends on the ability to carry a firearm, a court may allow the peace officer to continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not pose a threat of harm."

I'll post a follow up in a few weeks after the hearing with the results.

mxadam579
12-11-2012, 10:35 PM
i fought my TRO with out a lawyer and won

mxadam579
12-11-2012, 10:36 PM
i fought my TRO with out a lawyer and won i talked to 3 diffrent lawyers and cost was between 1995-2500$

Patrick Aherne
12-11-2012, 11:06 PM
He needs a lawyer, a good one, right now.

Bhobbs
12-11-2012, 11:23 PM
Good news is that his department resources are going to represent him in court.

From http://law.onecle.com/california/civil-procedure/527.9.html I found this nugget:

"In any case involving a peace officer who as a condition of employment and whose personal safety depends on the ability to carry a firearm, a court may allow the peace officer to continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not pose a threat of harm."

I'll post a follow up in a few weeks after the hearing with the results.

So how can a court grant a TRO but find the guy not to pose a threat?

Ron-Solo
12-12-2012, 1:59 AM
So how can a court grant a TRO but find the guy not to pose a threat?

It requires a second hearing before a judge, but the damage (or hassle) is already done by that time.

Many TRO's are granted based solely on the application and heh person actually never goes before a hearing officer. A TRO is granted "Ex Parte" pending a hearing on the matter before a magistrate.

Tarn_Helm
12-12-2012, 5:50 AM
i fought my TRO with out a lawyer and won i talked to 3 diffrent lawyers and cost was between 1995-2500$

I fell off an 8-story building and walked away uninjured.

However, I would not recommend this as a course of action preferrable to having a massive airbag below me covering my entire point of impact.

OP needs a lawyer--not encouragement to become the idiot referred to in the old saying, "He who represents himself in court has a fool for a client."
:facepalm:

stix213
12-12-2012, 11:53 AM
Good news is that his department resources are going to represent him in court.



If the department is footing the bill for his defense, understand that they will be looking out for the department's interests which may not actually be your brother's interests.

Decoligny
12-12-2012, 11:57 AM
i fought my TRO with out a lawyer and won i talked to 3 diffrent lawyers and cost was between 1995-2500$

So, basically you spun the chamber with a live round in it, slapped in closed, and then when you put it to your temple and pulled the trigger you were lucky enough to not blow your brains out. :rolleyes:

Paul S
12-12-2012, 8:00 PM
Is your brother a member of the California Reserve Peace Officers Association? If he is he should contact the legal firm which represents the members.
If he is not a member he really should be.
http://www.crpoa.org/

Legal Services Program

Richard Romanski, Attorney at Law
Phone: (800) 700-3783
http://www.crpoa.org/legalinfo.php

0nTarg3t
12-12-2012, 8:21 PM
I fell off an 8-story building and walked away uninjured.

However, I would not recommend this as a course of action preferrable to having a massive airbag below me covering my entire point of impact.

OP needs a lawyer--not encouragement to become the idiot referred to in the old saying, "He who represents himself in court has a fool for a client."
:facepalm:



isn't it..... "he who represents himself in court has a fool for a client and a jackass for a lawyer" ? lol it was Lincoln that said it i blv,or am i wrong. +1 on immediately retaining a good attorney. this is not something your brother should try to handle on his own.

five.five-six
12-12-2012, 8:24 PM
He CAN NOT work as an armed reserve with a TRO that has a firearms restriction.

In california, all TROs have a firearms restriction restriction anymore.

mxadam579
12-12-2012, 11:06 PM
no i knew i did nothing wrong and told the truth

anthonyca
12-12-2012, 11:21 PM
Need help here.

My brother is an actively working reserve LEO and his psycho ex-wife just filed a TRO against him. He's got 24 hours to turn in is weapons, even his department issued weapon.

I haven't read the exact wording of the TRO, but I'm opined to believe that I can take possession of them for up to 30 days and he will meet the terms of the TRO. (Yes I have a current HSC)

I told him to NOT trust is own department because they can force him to go through the same get your gun back procedures as you and I have to do.

Calguns is this something you can assist with?

This should be a sticky. TRO and DV accusations are the easiest ways to lose gun rights.

I believe the only two options given are sell the guns to a FFL or turn in to the police.

Nodaedul
12-13-2012, 6:13 PM
Do an inter familial transfer. It's paperwork only with no FFL needed. Long guns are just handed over, pistols have a form sent to DOJ or ATF, don't remember. Not sure if can be done with brother. I did it with father, court was just fine with it. Can't imagine any court would raise the issue because after all you sold your guns and don't possess them. Plenty of room to play stupid and show your motive was good. I have all my guns back. No hassle.

DA's aren't that informed, they're overworked, and on a budget. I am we'll researched, not bankrupt like the city, and have never lost when calling the DA's bluff and forcing a long expensive trial. DA always backs down if you can afford justice. Unless of course you foolishly committed an indefensible crime.