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I've got an interesting situation I'd like to run past the CalGuns brain trust... During the recession I used to work as an independent contractor for mortgage and insurance companies working with their foreclosures and part of my job was to drive by and evaluate the occupancy of homes in foreclosure. Some would be occupied and some would be vacant. It's the mortgage company's responsibility to verify occupancy and secure vacant homes from possible vagrancy, vandalism, etc... I even had one home in the middle of Gangland, San Bernardino where SWAT officers showed up while I was doing an interior inspection, (not in tactical gear) but they had SWAT distinctions on their uniforms, to secure the home. They said the place had become a gang hangout while vacant... Certain jobs would require me to knock on the door and directly question the names of the occupants and have them fill out a form for the mortgage company. People were regularly unhappy about this.... Regardless, I would have to take photos of the exterior of their home, even if they disagreed or told me to leave their property. The Deed to the property was held by the mortgage company so legally I was a contractor of the rightful owner of the property, which entitled me to take photos of their home....
I dealt with a good number or lunatics and a**holes angry with their situation. I had one lunatic try and run me off the road with his truck on Rancho Santa Fe in Vista, but the biggest ***** I experienced tried to get a restraining order against me. He was successful in getting a TRO against me, which he failed to serve me with and I was called into court to be served by a bailiff. The TRO did NOT have the box checked that I was ordered to turn in any weapons I owned.
I hired a defense attorney specifically to protect my gun rights because I know Califs. crazy guns laws. (Barney B. Gibbs - CA Bar #110515) We discussed that gun rights were the top priority and his job was to salvage them for me. On the day of the civil hearing my lawyer and the private party went into a mediation room with court appointed mediators and my lawyer hashed out an agreement before the civil litigation was brought before the judge.
The agreement my lawyer told me to sign was one that I would not be within 10' of the property and I would not take photos of the home. Taking photos was standard procedure in my line of work, to prove occupancy and to prove I had actually been by the residence in foreclosure. Before signing I directly asked my attorney if my gun rights would still be intact after signing this document. His direct words were, "Yes, you can still keep your guns."
The signed document was certified before a judge. My lawyer directly said to me, "this guy (the proponent of TRO) is such a piece of s*** that he doesn't even know what he is signing, and thinks its a restraining order."
I was NOT instructed by the judge at ANY point in time during the civil litigation to turn in my guns, and the case was effectively "dismissed"... I put the term dismissed in quotations because I am not a lawyer and did not fully understand the extent of the form I signed. My lawyer stated to me I would keep my gun rights and the problem would go away after signing the document. He is a legit lawyer and I trusted his word.
This was settled in March 2014 and I have not attempted to DROS any weapons since then. I would like to DROS more weapons because of the current political climate, mostly due to Orlando. Since I have been through all this brouhaha, I don't want to order a weapon from an out-of-state FFL and have it shipped without the possibility of returning for a refund, to a Calif. FFL without knowing I will be able to pass DROS. I plan on purchasing a cheap 80% lower and see if I have problems with the CA DOJ before unleashing on a handful of long guns I have in mind. I'd like an HK91/G3 platform .308 semi-auto mag-fed rifle as well as a few Lowers before any new legislation takes place here in Calif.
I have specifically read both the ATF and then CA DOJ prohibited persons documents and am still unclear with Calif's draconian legislation. ATF specifically states no restraining orders from "intimate partners" or children of those partners, or my own children. Calif law is completely different and mostly incomprehensible to me without having a Juris Doctor degree in this state....
My questions is, will that "agreement" to stay 10' away and not take photos of the home come back to haunt me under our ridiculous laws? The CA Prohibited Persons document is relatively unclear. It references long-winded legal documents in the form of "Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 527.6 or 527.8, a protective order as defined in Family Code section 6218, a protective order issued pursuant to Penal Code sections 136.2 or 646.91, or a protective order issued pursuant to Welfare and Institutions Code section 15657.03 "
My understanding is that a TRO is effectively dismissed by a judge the day of the civil hearing, and if an actual Restraining Order is issued then the law quoted above will be in effect. But when researching the code specifically pertaining to my case, Code of Civil Procedure sections 527.6 or 527.8, it is long-winded and unclear to me.
I know the way to really find out is to try and DROS a weapon and see, but I would like to have a little more confidence going into my purchase before I do it. Plus it would be embarrassing to get denied from an FFL. I'm not a criminal or a legal offender and respect and cherish my gun rights...
Any help from Cal Guns lawyers or the brain trust on here would be great.
A side question... I am buying a home in South Carolina and moving to a state with legitimate guns laws within the next year or two. If I am a "prohibited person" in Calif. based on this, would I effectively be subject to the ATF interpretation of no RO's against an "intimate partner" or kids? Or would the Calif garbage of being illegitimate to purchase guns in the free state of SC carry across to the East Coast?
I dealt with a good number or lunatics and a**holes angry with their situation. I had one lunatic try and run me off the road with his truck on Rancho Santa Fe in Vista, but the biggest ***** I experienced tried to get a restraining order against me. He was successful in getting a TRO against me, which he failed to serve me with and I was called into court to be served by a bailiff. The TRO did NOT have the box checked that I was ordered to turn in any weapons I owned.
I hired a defense attorney specifically to protect my gun rights because I know Califs. crazy guns laws. (Barney B. Gibbs - CA Bar #110515) We discussed that gun rights were the top priority and his job was to salvage them for me. On the day of the civil hearing my lawyer and the private party went into a mediation room with court appointed mediators and my lawyer hashed out an agreement before the civil litigation was brought before the judge.
The agreement my lawyer told me to sign was one that I would not be within 10' of the property and I would not take photos of the home. Taking photos was standard procedure in my line of work, to prove occupancy and to prove I had actually been by the residence in foreclosure. Before signing I directly asked my attorney if my gun rights would still be intact after signing this document. His direct words were, "Yes, you can still keep your guns."
The signed document was certified before a judge. My lawyer directly said to me, "this guy (the proponent of TRO) is such a piece of s*** that he doesn't even know what he is signing, and thinks its a restraining order."
I was NOT instructed by the judge at ANY point in time during the civil litigation to turn in my guns, and the case was effectively "dismissed"... I put the term dismissed in quotations because I am not a lawyer and did not fully understand the extent of the form I signed. My lawyer stated to me I would keep my gun rights and the problem would go away after signing the document. He is a legit lawyer and I trusted his word.
This was settled in March 2014 and I have not attempted to DROS any weapons since then. I would like to DROS more weapons because of the current political climate, mostly due to Orlando. Since I have been through all this brouhaha, I don't want to order a weapon from an out-of-state FFL and have it shipped without the possibility of returning for a refund, to a Calif. FFL without knowing I will be able to pass DROS. I plan on purchasing a cheap 80% lower and see if I have problems with the CA DOJ before unleashing on a handful of long guns I have in mind. I'd like an HK91/G3 platform .308 semi-auto mag-fed rifle as well as a few Lowers before any new legislation takes place here in Calif.
I have specifically read both the ATF and then CA DOJ prohibited persons documents and am still unclear with Calif's draconian legislation. ATF specifically states no restraining orders from "intimate partners" or children of those partners, or my own children. Calif law is completely different and mostly incomprehensible to me without having a Juris Doctor degree in this state....
My questions is, will that "agreement" to stay 10' away and not take photos of the home come back to haunt me under our ridiculous laws? The CA Prohibited Persons document is relatively unclear. It references long-winded legal documents in the form of "Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 527.6 or 527.8, a protective order as defined in Family Code section 6218, a protective order issued pursuant to Penal Code sections 136.2 or 646.91, or a protective order issued pursuant to Welfare and Institutions Code section 15657.03 "
My understanding is that a TRO is effectively dismissed by a judge the day of the civil hearing, and if an actual Restraining Order is issued then the law quoted above will be in effect. But when researching the code specifically pertaining to my case, Code of Civil Procedure sections 527.6 or 527.8, it is long-winded and unclear to me.
I know the way to really find out is to try and DROS a weapon and see, but I would like to have a little more confidence going into my purchase before I do it. Plus it would be embarrassing to get denied from an FFL. I'm not a criminal or a legal offender and respect and cherish my gun rights...
Any help from Cal Guns lawyers or the brain trust on here would be great.
A side question... I am buying a home in South Carolina and moving to a state with legitimate guns laws within the next year or two. If I am a "prohibited person" in Calif. based on this, would I effectively be subject to the ATF interpretation of no RO's against an "intimate partner" or kids? Or would the Calif garbage of being illegitimate to purchase guns in the free state of SC carry across to the East Coast?
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