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Old 12-08-2010, 6:05 PM
wildhawker wildhawker is offline
I need a LIFE!!
Join Date: Nov 2008
Location: California
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They should definitely apply. The insurance is a non-issue (they should contact me if Alameda were to try and assert it), and I'm fairly certain that psych is a non-issue also.

With a TRO in place there is an exemption to 12031 they may consider.

Originally Posted by PC 12031(j)(2)
A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve a
mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
Originally Posted by Davidwhitewolf View Post
General question: one of our employees approached me with a situation. His wife has a stalker in Georgia who in the past has come out to California (generally around the holidays) and threatened (online) to rape her and her daughters. The employee suspects from online activity that the stalker might be gearing up for another visit. The couple has had a restraining order against him in the past but it expired; they're going to look into getting another in place.

Aside from the other measures they're taking (they don't yet own a gun, for one thing, but are working on it) they're interested in the possibility of an Alameda CCW. I'm not sure they could afford the insurance requirement and/or app fees.

All that said, would it be wise/foolish for them to go through the Alameda CCW application process at this point in time? I'd hate to see them spend time/money on something so important if it's likely they'll be denied.
Brandon Combs

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My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.
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