RESTRAINING ORDER QUESTION IMOPRTANT NEED QUICK ANSWER

[Rob454]

A buddy of mine just called and had a restraining order against him from his wife. he needs to get rid of the guns. can he sell them to me? . he just needs to sell them correct? he thinks he needs to sell them to a FFL or surrender them to the PD and I told him i was not 100% sure but i thought they just have to be sold but I wanna make sure im right

Thanx

[johnrunner89]

The paperwork he was served with will have the directions on what to do with his firearms. But I'm pretty sure he has to sell them to a dealer or turn them into his local P.D with in 24 hours of being served.

[PatriotnMore]

This subject seems to come up quite often.

Perhaps one of the lawyers who has dealt/deals with TRO and firearms, can put down into words the nuts and bolts of options and best course of action, what type of legal counsel they should seek. Then this can be made a sticky to point others to when it comes up.

[eaglemike]

Call Jason Davis RIGHT NOW

[Rob454]

got a phone # I can forward?

[psssniper]

http://www.calgunlawyers.com/Davis_&_Associates/Home.html

[RandyD]

I am an attorney and write about restraining orders on this site whenever the subject is brought up.

I am assuming the restraining order is a DVTRO since the RO is to protect his wife. Look on page 2 of Form DV-110, item 10 states: the restrained person cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, firearms, or ammunition. Item 11 states: The restrained person must sell to a licensed gun dealer or turn in to police any guns or firearms that he or she has or controls. This must be done within 24 hours of being served with this order. The restrained person must bring a receipt to the court within 48 hours of being served this order, to prove that guns and firearms have been turned in or sold.

As a personal opinion, I believe that if he sold you the firearms through a licensed gun dealer, that would satisfy the order. This accomplishes the purpose of the RO but it is arguable that this is not what the order states. I also do not see how your friend can bring proof to the court within 48 hours of being served the RO because the courts are not open until Tuesday.

[Rob454]

I am an attorney and write about restraining orders on this site whenever the subject is brought up.

I am assuming the restraining order is a DVTRO since the RO is to protect his wife. Look on page 2 of Form DV-110, item 10 states: the restrained person cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, firearms, or ammunition. Item 11 states: The restrained person must sell to a licensed gun dealer or turn in to police any guns or firearms that he or she has or controls. This must be done within 24 hours of being served with this order. The restrained person must bring a receipt to the court within 48 hours of being served this order, to prove that guns and firearms have been turned in or sold.

As a personal opinion, I believe that if he sold you the firearms through a licensed gun dealer, that would satisfy the order. This accomplishes the purpose of the RO but it is arguable that this is not what the order states. I also do not see how your friend can bring proof to the court within 48 hours of being served the RO because the courts are not open until Tuesday.

He got served last night at 6 PM. Im trying to call him now. Ade's is where he sold his gun to.

[anthonyca]

[RandyD]

anthonyca,

You are correct, DVTROs are a tool in divorce cases. If the temporary RO becomes a permanent RO and there are children involved, the restrained person can expect to have supervised visitation and that results in the restrained person paying even more child support. Family Code Section 4320(2)(i) requires the judge to consider domestic violence as a factor in awarding spousal support, which translates into the restrained person paying more spousal support.

I was in court on Wednesday listening to a man defend himself against his former girlfriend's accusations. He persuaded me that he was a good guy but his evidence was not introduced properly, and the judge issued a permanent RO against him. Afterwards, I spoke with three other attorneys who listened to the case and they all agreed with me. I don't know how many times I have to say it but if you have been served a restraining order, get an attorney.

[Interloper]

So...restraining orders expire, right? There's no provision for surrendering your guns and possibly getting them back some day?

[Kodemonkey]

Dumb question: but when they say you can turn it into a police station, does that mean they hold it for you or are you surrendering them for destruction?

[Cokebottle]

So...restraining orders expire, right? There's no provision for surrendering your guns and possibly getting them back some day?

A TRO is temporary, and can be issued without due process by a judge, but it can be made a permanent RO after a hearing.

[Rob454]

If anyone wants a nice beretta Ade's just got one today. I guess he got a fair price for it. Total BS IMO. He's a decent guy and totally crushed by this

[Cokebottle]

If anyone wants a nice beretta Ade's just got one today. I guess he got a fair price for it. Total BS IMO. He's a decent guy and totally crushed by this

You could always buy it and hold it for him.... PPT it back to him when he's again legally able to have it.