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Old 02-08-2018, 1:41 PM
tlc559 tlc559 is offline
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Default Temporary Restraining Order lifted. Do I need to do DROS again?

Hello Cal Gunners,

I had a temporary restraining order on me recently from my ex wife. I surrendered all my firearms to an FFL dealer when I was served. Couple of days ago we had our day in court and she didn't even bother to show up (because I never touched her and she has no evidence). The judge immediately dropped everything. I can go get my guns back.

Here is the thing:
I had given my attorney my case and the receipt that I had turned in my guns was never submitted to the court nor stamped. Would I still have to do a DROS and all that to get them back? Do I have to fill out this form:

https://oag.ca.gov/sites/all/files/a...forms/legr.pdf

Or should I just show the gun store my minute order that the TRO was dropped? Any help would be great. Thanks!
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Old 02-08-2018, 1:49 PM
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You should sue the ex-wife in small claims for damages.
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Old 02-08-2018, 1:53 PM
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You should sue the ex-wife in small claims for damages.
I've been trying. Long story short the day that I filed a restraining order on her I went back home to my house to see that she destroyed over 170 items of mine (clothes, TV, PS4, everything). Well, she's gone now to God knows where. I just want my guns and life back.

Do you know anything else about how to get the guns back? Can I just take the minute order to the gun store?
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Old 02-08-2018, 2:00 PM
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Maybe call Michel and Associates? OR wait for RandyD, Librarian or Fiddletown to show up in this thread, they'll know what to do.
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Old 02-08-2018, 2:06 PM
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They will have to be drosed back to you. You may want to wait a little so that the court can update the doj. If you dros before they update the doj you will be denied.

Last time I stored and returned guns to a customer we had to wait 60 days for the do to process the update.
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Old 02-08-2018, 2:12 PM
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Got it. Okay I am filling out the BOF 119 form now.
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Old 02-08-2018, 2:14 PM
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Probably not enough info to give a solid answer. Is the dealer storing them, or what? You need to be a bit more specific as to the arrangement with the dealer.
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Old 02-08-2018, 2:20 PM
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Just spoke with the dealer. He said no need to fill out the DOJ form since the guns were surrendered to him for storage and I never submitted any documents to court stating that I did. He said all I need to do is get the documentation showing that the TRO was dismissed.
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Old 02-08-2018, 2:34 PM
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Thanks for all the advice. I got this!
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Old 02-08-2018, 2:38 PM
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Quote:
Originally Posted by tlc559 View Post
Thanks for all the advice. I got this!
Nice. Great news! Best of luck
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Old 02-08-2018, 2:42 PM
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The problem with filing a TSO against the wife is she retaliates and files
Right back. Then you lose your Guns...........DUH....

Try and THINK.
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Old 03-03-2018, 6:54 AM
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Quote:
Originally Posted by tlc559 View Post
I've been trying. Long story short the day that I filed a restraining order on her I went back home to my house to see that she destroyed over 170 items of mine (clothes, TV, PS4, everything). Well, she's gone now to God knows where. I just want my guns and life back.

Do you know anything else about how to get the guns back? Can I just take the minute order to the gun store?
Quote:
Originally Posted by Oceanbob View Post
The problem with filing a TSO against the wife is she retaliates and files
Right back. Then you lose your Guns...........DUH....

Try and THINK.
Ocean might have a good point, if she is gone good riddance

let her stay gone, if you don't know where she is at how would you serve her properly for the TRO anyway?
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Old 03-03-2018, 8:08 AM
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Obvious advice, document everything from this point forward. Camera and witnesses if possible.

If you attempt a restraining order, in my experience, court can make it mutual. In regard to your firearms, you a back to square one.

My opinion is to 'nuke' your ex- in court. Establish that you will not compromise.

Or you can just wait until the next guy is the focus of her wrath. That is truly the only way you are going to get some peace.
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Old 03-03-2018, 5:23 PM
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Your FFL should have mailed a form to the DOJ when you surrendered them. They will need to be DROSed and AB 539 return put in the DROS.
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Old 03-03-2018, 5:25 PM
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Quote:
Originally Posted by scoutpup99 View Post
They will have to be drosed back to you. You may want to wait a little so that the court can update the doj. If you dros before they update the doj you will be denied.

Last time I stored and returned guns to a customer we had to wait 60 days for the do to process the update.
This.

The LEGR is required to retrieve your guns from the police if they were surrendered/confiscated/taken for safe keeping.
I don't believe it applies in this instance.
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