Divorce, restraining order, court order and a crazy wife

[Calm Down]

[The Gleam]

Not sure if you should put all that "out there" - at least not until speaking with a good attorney versed in California's myriad of Anti-2nd Amendment laws and the issues are resolved.

[pacrat]

And that is an element that does not bode well for a favorable outcome in your favor.

What you need is NOT A LAWYER. It is a LAW FIRM. With attorneys that specialize in different aspects of legal wrangling. That combine their skills, knowledge, and experience.

https://michellawyers.com/

Michel & Associates, P.C. is a premier full-service boutique law firm specializing in handling adversarial proceedings, civil litigation and criminal defense. Michel & Associates, P.C. serves a diverse clientele throughout California and the nation.

EXAMPLE

I'm not an attorney, but I believe you were given faulty info from the PD. It is my understanding that you can have the PD transfer your guns to a FFL for 'STORAGE".

ALSO THE PD cannot by law, dispose of your property, except in a manner defined by statute.

Which means UNTIL 180 days, after the judge has issued final disposition of the case.

C Michel is the preeminent Firearms Attorney in Ca.

[Tommy Gun]

I'll play devils advocate here and wish judges would end the practice of just believing the wifes side. Have they not experienced enough in their tenure of vindictive **** soon to be ex wives making the husbands life miserable just because. Let me guess, you worked your *** off for the house and everything you all own and now have to vacate your own damn house. Just frustrating in the abstract.

[Ross]

There's always three sides to the divorce story; his side, her side, and the truth.

[cannon]

Anyone have the name of a firearms lawyer for the OP to consult?

[ShadowGuy]

You should see if you can get them stored at an FFL.

[RandyD]

As a family law attorney, you do not need a firearms attorney. The court order pertaining to your firearms is sufficient to cover you pertaining to any other statutes and regulations pertaining to your firearms. The issue is, did you do something that justifies the imposition of a restraining order. The issue is not about the characteristics of your firearms.

I would fault you for not fighting. If she is willing to rescind the restraining order on the condition of storing your firearms, that is evidence that you can use to fight the restraining order. I understand you wanting to compromise, but in my opinion, you made a mistake.

[The Gleam]

As a family law attorney, you do not need a firearms attorney. The court order pertaining to your firearms is sufficient to cover you pertaining to any other statutes and regulations pertaining to your firearms. The issue is, did you do something that justifies the imposition of a restraining order. The issue is not about the characteristics of your firearms.

I would fault you for not fighting. If she is willing to rescind the restraining order on the condition of storing your firearms, that is evidence that you can use to fight the restraining order. I understand you wanting to compromise, but in my opinion, you made a mistake.

Well, "characteristics" is not the issue either. The subtext here is that the local LEO/PD is giving him bad information about what he must do WITH his firearms during all of this mess, and it sounds as if his current attorney is simply taking that as the normal mandate and merely going along with it because he isn't well versed on such issues.

So yes, family law - BUT ALSO an attorney or a firm with one in addition to the family law expertise, that truly understands what he is, and is not falsely required to do with his firearms - because last I checked, most LEO were not attorneys but often try to dole out advice as if they were, and it's almost always bad advice.

[Full Clip]

No advice to offer here, but you have my deepest sympathy.
I guess she really wants to hurt you, and by essentially putting a lock on your property (the firearms) she can better control their eventual liquidation and 50/50 split of the proceeds.

[pacrat]

As a family law attorney, you do not need a firearms attorney. The court order pertaining to your firearms is sufficient to cover you pertaining to any other statutes and regulations pertaining to your firearms. The issue is, did you do something that justifies the imposition of a restraining order. The issue is not about the characteristics of your firearms.

I would fault you for not fighting. If she is willing to rescind the restraining order on the condition of storing your firearms, that is evidence that you can use to fight the restraining order. I understand you wanting to compromise, but in my opinion, you made a mistake.

Yet I find your opinion to be based on your own experience. You are a Fam Law attorney. Who is also an NRA member, and active poster on CalGuns.

How many of the 170,000 practicing attorneys in Ca can claim to be as "UP" on the myriad of firearms laws in this state?

You Sir, and the very small percentage like you, would be the exception to my suggestion.

[1919_4_ME]

Username is appropriate.

[RandyD]

Well, "characteristics" is not the issue either. The subtext here is that the local LEO/PD is giving him bad information about what he must do WITH his firearms during all of this mess, and it sounds as if his current attorney is simply taking that as the normal mandate and merely going along with it because he isn't well versed on such issues.

So yes, family law - BUT ALSO an attorney or a firm with one in addition to the family law expertise, that truly understands what he is, and is not falsely required to do with his firearms - because last I checked, most LEO were not attorneys but often try to dole out advice as if they were, and it's almost always bad advice.

Sorry to be so blunt, but you have no understanding of how family law and restraining order litigation works. A specialized attorney in firearms, would add no benefit to the OP's case. You are correct, characteristics of the firearms is not an issue, as I previously stated.

The OP's original question was; "My question is, is it lawful for RAW’s and a federally licensed AOW to remain in a house/safe that I have no access to and that her lawyer has the only keys to but no combo?" I answered the question, compliance of a court order regarding the disposition of the firearms, would protect him from any allegations that he is not in compliance with other storage laws.

[TheGood]

In a nutshell.... "Hell no". Don't agree to what they are trying to force you to do, OP. She sounds more insane than you and I wouldn't trust her with any firearm that's yours. You should file a restraining order against her so she is also prohibited from possession (for the safety of your children) IMO.

The best move forward is to try to find a local FFL who is willing to store your firearms for a reasonable fee. Look for home-based FFL/gunsmith or a friend of someone at gun club, etc who holds an FFL. That would be the best route forward for getting them away from potential destruction by the PD.

In the worst-case, the firearms can be replaced. Consider the value of them vs your home (and/or your kids) when it comes to negotiations for net worth and custody.

[M76]

gloria steinem should've been locked up in gitmo 50 years ago