DV charge and a hand gun

[echo1]

Hi Gunners,

Question:
My friend was charged with DV on the Nevada side of Tahoe. She told the ADA at her hearing that she had a pistol registered to her. The ADA never stipulated the disposition of the firearm but she had me take it in a locked box, gave me the keys, so it wouldn't be in her possession. Can I hold it until her case is resolved and the final charge settled? Or she may have to transfer it to me if some greater restrictive charge is applied. Could end up disturbing the peace or some other lesser infraction or misdemeanor that won't impact her 2A.
Thanks o wise ones, PAX

[donalli]

is she ready to date again??

[echo1]

is she ready to date again??

That's her problem, she's eye candy. PAX

[G-forceJunkie]

No, you can not hold it for her. You can no longer loan guns to people ( with the exception of long guns during hunting season if you have a hunting licence.) Legally it would be best for her to PPT it to you, then you PPT it back in the future if she is ever allowed to own guns. Even a misdemeanor DV conviction bars her from owning guns for life. Make sure her lawyer understands this if he pleads it out. Plead to something that doesnt ban fireararms ownership. Many lawyers are not savy to firearms laws.

[ar15barrels]

My friend was charged with DV on the Nevada side of Tahoe.

What happens in NV stays in NV...
CA laws on loans do not apply in NV.

[echo1]

What happens in NV stays in NV...
CA laws on loans do not apply in NV.

We are both Kali occupants, there was no RO or PO issued or restrictions added to the charge/ PAX

[Oldluck]

That’s a tricky spot for sure. Holding onto the gun sounds like a smart move for now, especially if the ADA didn’t lay down any specific rules yet. But things can get complicated once the case is settled—sometimes the final charge can change everything when it comes to gun rights. Definitely keep an eye on it, and maybe talk to a local lawyer who knows Nevada’s laws inside and out. Fingers crossed it doesn’t mess with her 2A rights!

[broadside]

PPT requirement is 27545

27881. Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b) The loan occurs within the lender’s place of residence or other real property, except for property that is zoned for commercial, retail, or industrial activity.
(c) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(d) The individual receiving the firearm is 18 years of age or older.
(e) The firearm does not leave the real property upon which the loan occurs.

27883. Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:
(a) The firearm being loaned is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

[WOODY2]

Hmm, DV, weapon,eye candy, across state lines, one might ask themselves would it be wise to become embroiled in such a fuster cluck? Asking for a friend of course. 😎

[BrokerB]

pictures first : )

[WOODY2]

pictures first : )

Ok I yield 😎

[PoorRichRichard]

How pointy are her elbows? And we need a yoga pants picture before dispensing any more legal advise.

[k1dude]

According to the crazy/hot matrix, she must be pretty damned hot.

[Big Chudungus]

hate to be That Guy, but as a purely practical matter it might be a wise investment, on strictly gain/loss equation, to pro-actively legally transfer the gun out of her ownership, so when it comes time to cop a Plea she can say either/or "already done, your honor" or "not a factor, no guns owned". Think of it this way...sometimes even "gun people" might go for a certain time period where they've sold all their guns and currently don't own any personally in their name. Going up in front of an unknown loose cannon and as some Arab said "to enter court is to stick you head in the jaws of a lion", might be a nice time to be at least temp "gun free" in the eyes of the law.

I hear it really doesn't matter for DUI, but in these DV cases the judge, as basically a sales manager for The System, really likes it if you've already jumped into "The Program" and it might be more like "come back when you complete The Program you are already self enrolled and we'll quash the charges" as long as there are NO other issues requiring Court involvement. I'd say your main goal is to keep any DV convictions off record. I'm guessing that many "professional" Chick Heavy workplaces are extra hard on DV convictions.

Couple FFL transfers? $150 plus a few trips to FFL, but I guess you "establish relationship" with Mom and Pop FFL. Intangible value of "simplifying" DV case and maybe one or two times of NOT needing to go to Court? Easy $1000.

IIRC its SOP for a man charged with DV to be rep by a woman lawyer. So does a woman charged with DV supposed to get a dude?

[echo1]

Her case was resolved as an infraction, disturbing the peace, no court applied or statutory restrictions on firearm ownership.
One zoom appearance when a charge reduction was offered, with a dismissal if no DV reoccurrence.in 12 months. Took 21 calendar days.
After she signed a notarized copy of the charge/plea agreement. as requested by the court, returned via certified mail. I gave back her 9mm pistol in her lock box.
Thanks all for responces. PAX