PDA

View Full Version : DV / Domestic Violence firearms question - FREE BEER..!!!


DannyInSoCal
09-29-2013, 5:40 PM
Did a search - Nothng found.

A good friend was charged with a DV misdemeanor and had restraining orders filed against hm.

He already surrendered his firearms required pending his court case - Except for a Saiga 12ga which is still out for repairs.

Two questions:

1) Can he legally DROS the Saiga to me - Or is he required to surrender it...?

2) If we decide to help him out - Can he stay in my home which obviously has firearms...? Would they need to ALL be under lock & key...?

Searching the web hasn't helped much - I keep finding conflicting answers -

And haven't been able to source any current laws/codes.

Free beer.....

huntercf
09-29-2013, 5:47 PM
If the RO has already been served then he can probably only surrender the firearm to LE or sell to FFL, he needs to check the order and see if there are instructions regarding firearms.

He can stay at your place as long as he doesn't have access to firearms, which means they need to be locked up and he doesn't have a key/code/combination.

He needs a lawyer.

No beer needed.

Good Luck.

anthonyca
09-29-2013, 6:00 PM
No, he can not DROS guns to anyone but a dealer or LEA.

http://wiki.calgunsfoundation.org/Protective_or_Restraining_orders

Some people have lost thousands on this. Imagine some members here with 50 or more guns.

teetsjones
09-29-2013, 7:00 PM
They just throw due process out of the window in DV cases.

And if false charges are made, they will rarely if ever go after the accuser. They are afraid if they do, dv will not get reported.

Things have gotten so perverse these days.

anthonyca
09-29-2013, 7:12 PM
They just throw due process out of the window in DV cases.

And if false charges are made, they will rarely if ever go after the accuser. They are afraid if they do, dv will not get reported.

Things have gotten so perverse these days.

Hear hear!

BumBum
09-30-2013, 12:27 PM
No, he can not DROS guns to anyone but a dealer or LEA.

http://wiki.calgunsfoundation.org/Protective_or_Restraining_orders

Some people have lost thousands on this. Imagine some members here with 50 or more guns.

As a family law attorney, I can verify that this is true if the restraining order came out of family court (which is dictated by the Family Code). If it came from the criminal court, I'm not certain what the specific rules are (although it could be the same -- I just don't practice in this area).

However, this is why we need to support AB 539. It would give a restrained person a third option to simply transfer firearms for storage with an FFL until the order expires. This way, in the case of an unfounded ex parte temporary order, you could get them all back with relatively little cost and delay.

DannyInSoCal
09-30-2013, 1:50 PM
Our main worry is his batassedkrazy wife will complain that he's now staying in a house "full of guns" -

And that we'll get the "knock on the door for all the guns".....

Cheep
10-12-2013, 7:54 AM
Just helped someone out that was given 24 hours to "transfer" or "turn in" firearms.