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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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CLETS questions
A long story short, someone I used to be friends with files a Civil Harassment Exparte TRO against me, with a CLETS provision. Transfered all my stuff to a friend.
I got a lawyer, we went to the hearing and the judge dismissed the Civil harassment TRO and the CLETS provision. How long before I can transfer my guns back from my friend? |
#4
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Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
#5
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I was thinking the same thing.
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#6
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-hanko
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True wealth is time. Time to enjoy life. Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!! Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain A man's soul can be judged by the way he treats his dog. Charles Doran |
#8
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OP I think you may have jumped a bit fast on the transfer, unless the TRO required you to surrender or otherwise dispose of firearms. You should be able to get them back if the judge threw the whole thing out, as you are no longer subject to any orders, the TRO should have expired when the hearing was held for the PRO. |
#9
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What I don't know, if the TRO with the CLETS got entered into the SYSTEM immediately or not. My lawyers says I should be good to go, but I don't want to spend the money to transfer all the stuff back, be denied, go through all the mess to get it cleared up. |
#10
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Did this one say you could transfer to "anyone"? Perhaps a non-issue, but a detail that should be noted.
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Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated. "Those who cannot remember the posts are condemned to repeat them" I wish I had a dollar for every time someone used a cliché Why is it all the funny stuff happens to comedians? |
#11
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Nope, you cannot transfer them to a buddy unless you do so before the restraining order is served.
Once the order is served there are 2 options, sell them to an FFL or give them to the police. you have 24 hours to comply. Most jurisdictions do not enforce this, so do so drawn risk. Sent from my SAMSUNG-SGH-I897 using Tapatalk 2
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We’re ALL GOING TO DIE! Can’t somebody do something?!?!?!?! |
#13
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What is a CLETS Restraining Order? A CLETS restraining order is special type of restraining order. CLETS restraining orders are temporary restraining orders which can be issued on an ex-parte basis without the accused present.
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I support the NRA, if you are not in, you can't win. |
#14
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"Ex-parte" means without the other party, or on unfairly short notice. CLETS is only involved after an order is issued.
If granted, the ex-parte results in a temporary restraining order (TRO), which is supposed last until a properly noticed hearing on the real restraining order that can last up to 3 years (in most cases). The requirement is that the petitioner (usually the attorney) deliver the certified order to the appropriate agency for entry into CLETS. If you still have a CLETS hit, you'll find out about 239.5 hours after you start DROS, and then you'll be able to provide CADOJ with a copy of the minute order denying the "real" RO. Likely, any CLETS entries expired with the TRO (in theory, at least). As far as transferring to a buddy vs. a FFL, I assume that you did deliver them to a FFL for the PPT. In debating deliver vs. transfer, you're probably good under the "I'm not a lawyer, no harm, no foul" theory. After your reunion, forward some "SacDep is Innocent" bumper stickers to your buddy.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#15
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Personal Firearms Eligibility Check and waiting period
I would submit a Personal Firearms Eligibility Check just to make sure.
Question for anyone, et all., If/When the OP can transfer the firearms back to himself, does he have to wait 10 days all over again? Erik. |
#16
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J
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I support the NRA, if you are not in, you can't win. |
#17
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It is very interesting to note how terms morph based upon every day usage. CLETS is actually a message switch which routes queries from law enforcement agencies to and from the many data bases maintained by Cal DOJ. I was not aware that CAL DOJ maintained a specific data base for RO's and TRO's. I always thought they were maintained in the data bases administered and kept at the local county level. Obviously I had erroneous thinking going on. The national version message switch for access to such data bases as NCIS etc. as well as data bases maintained by a state other than yours is NLETS.
__________________
Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
#18
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CLETS is a stupid secure system as well. I am a trained operator, myself, in the Superior Court.. but not currently actively assigned to use it. It is very secure, so far so that I can't really discuss much more about it other than that I am familier with it lol.
It does, however, report across the country to other various systems through the DOJ. |
#19
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Ultimately, until 2-factor authentication is 100% implemented, CLETS is woefully note secure. |
#20
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Folks would be amazed at the depth and sophistication of the many data bases you can access through these two systems. Short story...when classifying an inmate years ago he denied ever being in prison. Using his SS# I went through clets into nlets and was then directed to the Michigan system where guess what...I found his prison record. Into max housing he went.
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Paul S “Cogito, ergo armatum sum: I think, therefore I am armed.” - Collection of Quotes - Lt. Col. Dave Grossman |
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