Firearms options after restraining order

[jaysantosauxiliarypolice]

Two part question.

1. Supposing the a spouse was issued a restraining order, and from what I understand that means bye bye guns. But what if the spouse of the one that was issued a RO is the one with legal firearms (no RO against them), they live together, does that mean the other person must give up theirs'?

2. Supposing the firearm owner was issued an order to give up their firearms, can they temporarily transfer them over to a family member, have a gun store hold them until the RO ends, if turned over to LEO what are the chances of them getting it back if not turned it for destruction...

Is this the form if being transferred to a friend?

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

Does that friend have to have an FSC?

[OCEquestrian]

So.. someone legally owns guns and a spouse was issued a restraining order by someone outside the household (neighbor, ex spouse, co-worker)?? I believe if you have a "safe" (not a lock-box) that the spouse has NO ACCESS TO, you may be ok.

[jaysantosauxiliarypolice]

So.. someone legally owns guns and a spouse was issued a restraining order by someone outside the household (neighbor, ex spouse, co-worker)?? I believe if you have a "safe" (not a lock-box) that the spouse has NO ACCESS TO, you may be ok.

Makes sense. However if the other party includes the other spouse (gun owner) in the TRO and the judge approved it, are the following options viable:
1. Store at a gun store for the duration of the TRO (anyone know of the cost)
2. Transfer to a family or friend (living in another house)
3. Surrender to LEO (do you get it back)

[OCEquestrian]

Makes sense. However if the other party includes the other spouse (gun owner) in the TRO and the judge approved it, are the following options viable:
1. Store at a gun store for the duration of the TRO (anyone know of the cost)
2. Transfer to a family or friend (living in another house)
3. Surrender to LEO (do you get it back)

If the "innocent" gun owning spouse is also included in the TRO (wondering how an innocent person would be listed) then both parties are the subject to the TRO and you must dispossess yourself of your weapons. Whatever it was you might as well have done it yourself given the end effect.

I believe that the California DOJ has a lot of information and this FAQ page might be a good starting point...

https://oag.ca.gov/firearms/pfecfaqs

[P5Ret]

Most all of this has been discussed before. TRO's are temporary, most anyone can get one for the filing fee, and writing a good description. RO's are good for 3 years, I don't know a single LGS that would store someone's guns for that period of time.

Transfer's to a friend must be done through a FFL as a PPT, same is true for most family member's. Remember OPLAW form is only for immediate family, and Ca's definition of immediate family is very narrow.

Surrender to LE is just that you are surrendering them, you won't get them back.

[MissiontoMars]

So.. someone legally owns guns and a spouse was issued a restraining order by someone outside the household (neighbor, ex spouse, co-worker)?? I believe if you have a "safe" (not a lock-box) that the spouse has NO ACCESS TO, you may be ok.

This is my understanding, too.

[jaysantosauxiliarypolice]

If the "innocent" gun owning spouse is also included in the TRO (wondering how an innocent person would be listed) then both parties are the subject to the TRO and you must dispossess yourself of your weapons. Whatever it was you might as well have done it yourself given the end effect.

I believe that the California DOJ has a lot of information and this FAQ page might be a good starting point...

https://oag.ca.gov/firearms/pfecfaqs

Heard from some folks that it's entirely up to the judge. And that if the judge is a gigantic pr*ck, he can grant the RO for both parties.

[Doheny]

I’m guessing the subject of the OP has something to do with this: http://www.calguns.net/calgunforum/s....php?t=1410146

?

[jaysantosauxiliarypolice]

Most all of this has been discussed before. TRO's are temporary, most anyone can get one for the filing fee, and writing a good description. RO's are good for 3 years, I don't know a single LGS that would store someone's guns for that period of time.

Transfer's to a friend must be done through a FFL as a PPT, same is true for most family member's. Remember OPLAW form is only for immediate family, and Ca's definition of immediate family is very narrow.

Surrender to LE is just that you are surrendering them, you won't get them back.

Does the person who the gun will be transferred to have to have an FSC?

What's OPLAW? Don't know all the gun jargons.

[jaysantosauxiliarypolice]

http://www.calguns.net/calgunforum/s....php?t=1410146

?

Yes, but it's mainly for the aftermath should the RO be issued.
Preparing for the worst is never a bad idea

[heidad01]

Most all of this has been discussed before. TRO's are temporary, most anyone can get one for the filing fee, and writing a good description. RO's are good for 3 years, I don't know a single LGS that would store someone's guns for that period of time.

Transfer's to a friend must be done through a FFL as a PPT, same is true for most family member's. Remember OPLAW form is only for immediate family, and Ca's definition of immediate family is very narrow.

Surrender to LE is just that you are surrendering them, you won't get them back.

Heard from some folks that it's entirely up to the judge. And that if the judge is a gigantic pr*ck, he can grant the RO for both parties.

What P5ret said^^^ explains it all.

A judge has no reason to include the other half in the RO unless he/she was part of the problem too. He does not know either side and goes by what is presented to him.

A judge does what ever he wants to do. Well, at least until it becomes known that he was keeping/bragging about a list of chicks he had banged. .....

[boopiejones]

this is why you shouldn't get in fights on social media with crazy family members (or anyone, for that matter). save the crazy talk for the christmas dinner table. it's much more fun that way.

[OCEquestrian]

save the crazy talk for the christmas dinner table. it's much more fun that way.

Yup.. but what about the "witnesses"??

[71MUSTY]

Heard from some folks that it's entirely up to the judge. And that if the judge is a gigantic pr*ck, he can grant the RO for both parties.

I think you misunderstood. Judges have been known to issue restraining orders on both parties in the action, the person the request was made on and the person requesting the RO. Basically ordering both people to stay away from each other.

Not on a spouse who is not a party to the action..

[P5Ret]

Does the person who the gun will be transferred to have to have an FSC?

What's OPLAW? Don't know all the gun jargons.

OPLAW or operation of law form, the very form you provided a link to in your OP.