RESTRAINING ORDER QUESTION IMOPRTANT NEED QUICK ANSWER

[andalusi]

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?

Theoretically, the police are supposed to store them and return them within five days after the expiration of the TRO. The police are allowed to charge for the cost of storage, but only the actual cost of storage. You can also sell the guns to an FFL while the firearms are in police storage and the police will release them to the dealer.

You can read California Family Code Section 6389 for more details.

[WWDHD?]

So it sounds like in this situation theres only the two choices: sell your stuff or turn them over to the police for storage, in 24 short hours. There should be a third option that doesn't force you to lose your property at a pennies on the dollar fire sale or or have the cops lose or damage your guns while they are holding them just because of an allegation.

[9mmepiphany]

just for clarity; is this within 24 hours of being served with a DV Temporary Restraining Order or a DV Restraining Order?

it has been my local experience that it isn't an issue until after the initial hearing...but then the last stats i collected showed than less than 40% of DV TROs had Proof of Service filed before the hearing date...i was collecting data for a stat class for my BA

[andalusi]

just for clarity; is this within 24 hours of being served with a DV Temporary Restraining Order or a DV Restraining Order?

It doesn't matter whether it's specifically a DV restraining order or a general civial harassment order: all of them have the same 24 hour requirement about disposing of one's firearms. This goes for all protective orders, not just TROs.

it has been my local experience that it isn't an issue until after the initial hearing...but then the last stats i collected showed than less than 40% of DV TROs had Proof of Service filed before the hearing date...i was collecting data for a stat class for my BA

That's a very disturbing finding. How long ago did you collect this data?

[Rob454]

it really sucks that one pissed off person filing a RO can basically FORCE you to sell all your guns ( and if you gotta sell them to a FFL you are for sure gonna lose all kinds of money)

[9mmepiphany]

That's a very disturbing finding. How long ago did you collect this data?

i was about 5-6 years ago and it wasn't a very large sample, only about 1000 cases over a month. i should add that this was filings on a Pro Per TRO calender. that percentage was slightly lower than what i was seeing on the Pro Per OSC calender