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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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  #1  
Old 11-15-2012, 6:52 PM
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Default 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?
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  #2  
Old 11-15-2012, 6:59 PM
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I would say now
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  #3  
Old 11-15-2012, 7:02 PM
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I would say now
Yep!
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  #4  
Old 11-15-2012, 9:44 PM
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Originally Posted by sirgrumps View Post
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?
Translation please? Only thing I can relate the acronym to is California Law Enforcement Telecommunications System.
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Old 11-15-2012, 9:51 PM
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Translation please? Only thing I can relate the acronym to is California Law Enforcement Telecommunications System.
I was thinking the same thing.
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  #6  
Old 11-15-2012, 9:58 PM
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Quote:
Originally Posted by sirgrumps View Post
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?
Have you thought of asking your lawyer, just as a double-check?

-hanko
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  #7  
Old 11-15-2012, 11:22 PM
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Generally the clerks in our office work on CLETS daily. I cant say more than that unfortunately, so take it as it is said.
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Old 11-16-2012, 12:58 AM
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Originally Posted by Paul S View Post
Translation please? Only thing I can relate the acronym to is California Law Enforcement Telecommunications System.
That is what it is. There is a form to be filled out so that a restraining order can be entered into the system. Doing that with just a TRO is a bit premature I would think.

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.
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  #9  
Old 11-16-2012, 5:48 PM
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That is what it is. There is a form to be filled out so that a restraining order can be entered into the system. Doing that with just a TRO is a bit premature I would think.

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.
The TRO required me to surrender or transfer all weapons. I didn't want to take any chances, so I transferred them all to a buddy.

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.
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Old 11-16-2012, 7:44 PM
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Originally Posted by sirgrumps View Post
The TRO required me to surrender or transfer all weapons. I didn't want to take any chances, so I transferred them all to a buddy.

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.
TRO wording is typically "Transfer firearms to a dealer or surrender to the police department" (or something like that).

Did this one say you could transfer to "anyone"?

Perhaps a non-issue, but a detail that should be noted.
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  #11  
Old 11-16-2012, 7:55 PM
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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.

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  #12  
Old 11-17-2012, 8:39 AM
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According to my lawyer, I did comply, but I was wondering about the paperwork lag time, or whether there was any paperwork generated by the TRO to the DOJ.
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Old 11-17-2012, 8:53 AM
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Translation please? Only thing I can relate the acronym to is California Law Enforcement Telecommunications System.
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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Old 11-17-2012, 11:52 PM
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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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  #15  
Old 11-18-2012, 11:43 AM
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Question 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.
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Old 11-18-2012, 11:46 AM
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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.
Yes he does. Once he dros'd it out, it is no longer his firearm. He needs to re-dros, hence 10 day wait.

J
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  #17  
Old 11-18-2012, 12:03 PM
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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.
Thanks for the update and clarification.

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.
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  #18  
Old 11-18-2012, 12:34 PM
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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.
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Old 11-18-2012, 4:19 PM
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Originally Posted by 13withinfinity View Post
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.
Its not always particularly secure, but its certainly getting better. I know of at least 3 agencies in CA who's MDTs can be spoofed within minutes. As a point of comparison, less secure then unsecured WiFi.

Ultimately, until 2-factor authentication is 100% implemented, CLETS is woefully note secure.
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Old 11-18-2012, 4:30 PM
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Quote:
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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.
Well...kinda ...sorta...You go from clets to nlets and back..
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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