RESTRAINING ORDER QUESTION IMOPRTANT NEED QUICK ANSWER

[Mike's Custom]

Unless it says he must sell them he should be able to let someone store them for him. All he has to do is prove he has NO ACCESS to them and if hteya re in a friends safe and he doesn't have the combination he should be good. I ahve had RO that stated that the offender(?) has to sell them and provide the court with the transfer info. But this order was done BEFORE the hearing and a week later the judge vacated the RO and the guy has ot tansfer them all back to his name. Sounds like the courts are in business with the state in their FUND RAISING to me.

[RandyD]

In rereading the language that I posted from the DVTRO forms, in my opinion, if the restrained person had a friend take his firearms, then the restrained person is no longer in control of any firearms that he would be required to sell or turn into the police.

[Cokebottle]

In rereading the language that I posted from the DVTRO forms, in my opinion, if the restrained person had a friend take his firearms, then the restrained person is no longer in control of any firearms that he would be required to sell or turn into the police.

Except that a load becomes an illegal transfer after 30 days.
The main problem is that on a PPT, background is run on both the buyer and the seller, so the gun will not be returned to the seller if he is prohibited.

[tenlongdays]

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.

The RO terms as written sound extremely strict. It would be useful to know how they have been interpreted / enforced in the past. Has anybody gotten in trouble for going the PPT route, loaning rather than selling, not presenting the receipt to the court on a holiday weekend, etc.? Are there any prior cases to cite?

Or is the court generally satisfied just knowing that you've gotten rid of your guns and ammo "within a couple of days" of being served?

In cases where the recipient doesn't have any kind of DV / threat history, is it common for the local police to follow up on the disarmament order? Or do they typically shrug it off, knowing that ROs are mostly a tool for harassment and extortion?

[9mmepiphany]

Except that a load becomes an illegal transfer after 30 days.
The main problem is that on a PPT, background is run on both the buyer and the seller, so the gun will not be returned to the seller if he is prohibited.

i think there may be a bit of confusion here

when a TRO is issued, it is valid until the hearing date (usually 2-3 weeks) at which time the order can 1) be dismissed, 2) be sustained for a period of up to 3 years, 3) be set for an evidentiary hearing...there are other combinations, but these are the most common

it is dependent on the courts in the county if they will accept having them store at another person's home or business. many will accept this until the TRO hearing. if the RO is sustained, the courts usually require that the guns be legally sold (FFL transfer). the TRO seldom runs up against the 30 day rule.

i also recommend the use of a lawyer for the first hearing, it is much harder to fight a RO after it has been sustained

[tenpercentfirearms]

What if an FFL accepted the firearms for gunsmithing and just kept them for gunsmithing until the person was able to get the firearms back. That is what I would do for any of my customers who were in this situation. That way when they were clear, they could just come re-collect their firearms. If they don't get cleared and it turns out they really are a douche bag, then they can sell them and I can start the PPT process, ship them, or make an underhanded offer.

[Divernhunter]

Knowing my ex would do this to me I gave all my firearms/bayonets and even air-soft guns to my brother who put them somewhere. Except my two evil 50bmg rifles which I took to an ex sheriff who now lives in Nev. When the 3 sheriffs showed up with the order I showed them the safes were empty. One little smart *** said I had 24hrs to turn them in. I said not hardly. My ex sheriff frind told me not to let them get them or I would not see them again at least not in the condition they were in. We are talking about 100+ firearms.
It did come up in court and I told the judge that I did not even know where they were except the 50's which are out-of-state. That was the end of it until I got the order ended. My lawyer said IF they pushed it the bail would be $1000 so I kept that amount handy if needed. Never needed it.

Also get the paperwork from the state and transfer any you own to an family member(parents/brother/sister) and you do not need to use a dealer. When the divorce is over transfer them back. This will keep them out of the divorce also when $$$$ is brought up.

[Mike's Custom]

What if an FFL accepted the firearms for gunsmithing and just kept them for gunsmithing until the person was able to get the firearms back. That is what I would do for any of my customers who were in this situation. That way when they were clear, they could just come re-collect their firearms. If they don't get cleared and it turns out they really are a douche bag, then they can sell them and I can start the PPT process, ship them, or make an underhanded offer.

Wouldn't the FFL also have to be a licensed Gun Smith to accept the firearms for "gun smithing"?

[tenpercentfirearms]

Wouldn't the FFL also have to be a licensed Gun Smith to accept the firearms for "gun smithing"?

As far as I am aware our 01 FFL makes us gunsmiths.

[Cokebottle]

Also get the paperwork from the state and transfer any you own to an family member(parents/brother/sister) and you do not need to use a dealer. When the divorce is over transfer them back. This will keep them out of the divorce also when $$$$ is brought up.

Intrafamilial only applies to child/parent/grandparent, and still requires the DOJ Operation of Law and $19 per gun. You still can't just hand them over and be done with it.
Brother/sister is a standard transfer and must go through a dealer.

[Interloper]

As far as I am aware our 01 FFL makes us gunsmiths.

No. That's like saying a owning a Drivers License makes you a mechanic. It's years of education and experience that make a man a gunsmith.

[Cokebottle]

No. That's like saying a owning a Drivers License makes you a mechanic. It's years of education and experience that make a man a gunsmith.

Okay smarty....

"The 01FFL legally authorizes one to participate in the practice of gunsmithing"

[Interloper]

Okay smarty....

"The 01FFL legally authorizes one to participate in the practice of gunsmithing"

[redneckshootist]

What if an FFL accepted the firearms for gunsmithing and just kept them for gunsmithing until the person was able to get the firearms back. That is what I would do for any of my customers who were in this situation. That way when they were clear, they could just come re-collect their firearms. If they don't get cleared and it turns out they really are a douche bag, then they can sell them and I can start the PPT process, ship them, or make an underhanded offer.

thats the same thing i do for my customers, usually I charge a storage fee if I keep it more than 2 weeks, but the storage fee is very small

[redneckshootist]

Okay smarty....

"The 01FFL legally authorizes one to participate in the practice of gunsmithing"

actually an 01 is a dealer of firearms, can do infrequent gunsmithing but isn't posta engage in gunsmithing as a profession, an 04 is gunsmithing but can't deal(sell) in firearms, an 07 allows manufacturing, gunsmithing and dealing. so to engage in gunsmithing all the time one would have to have an 04 ffl or an 07 ffl