interfamilial transfer re:TRO

[sreiter]

A friend was served a TRO (a weapon for child custody). I advised him to get rid of his firearms (i believe a condition of a TRO/RO).

Has the law changed re: inter-familial transfer (grandson to grandfather)?
Does a FFL HAVE to be involved with the transfer?

Also, re: TRO, do you have to get the guns out of your possession (give them to someone for 30 day storage), or must you actually transfer/do paper work prior to your actual RO trail/order

thanks in advance

[Fate]

Terms are printed on the paperwork he received.

There are only 2 options. Surrender them to law enforcement, sell to 01 FFL. If surrendering to LE, there is a procedure to get them back (see link).

http://codes.lp.findlaw.com/cacode/CCP/3/2/7/3/s527.9

I believe this only has power over those firearms in state. If he has firearms stored out of state, those aren't subject to this.

[mej16489]

Isn't there a new law for 2014 where the victim of the TRO can store them at an FFL (for a fee of course) without transferring ownership?

[halifax]

See the The Calguns Foundation Wiki

[Fate]

Isn't there a new law for 2014 where the victim of the TRO can store them at an FFL (for a fee of course) without transferring ownership?

Reading the wiki linked above, you're right. I hadn't heard about that new law.

[stix213]

Interesting, any FFL's cashing in on the storage business yet then?

[BumBum]

3 options, and 3 only. Relinquish to law enforcement, sell to FFL, or store with FFL. Option 3 is best. You only have 24 hours after being served to get this done. Get a receipt, and the receipt must be filed with the court within 48 hours of being served.

[sreiter]

thanks all

[BumBum]

Also, soon as he takes care of the gun issue, he needs an attorney ASAP. Don't even let him think about doing this without one. There is simply too much at stake.

[halifax]

BumBum, How are they returned to the owner after storage, DROS + 10-day wait, LEGR, or court order?

[gbran]

My son got a TRO in a divorce and the court extended it to a year, even though there was no domestic violence charges. We did a interfamilial transfer of all his firearms to me. I filed the papers with the $19 fee to the DOJ. All his handguns were then registered to me. No FFL was used.

After his RO is done, I will use the same SOP to return them to him.

[Librarian]

My son got a TRO in a divorce and the court extended it to a year, even though there was no domestic violence charges. We did a interfamilial transfer of all his firearms to me. I filed the papers with the $19 fee to the DOJ. All his handguns were then registered to me. No FFL was used.

After his RO is done, I will use the same SOP to return them to him.

We do hear these anecdotes from time to time.

Given that the law is specific, as BumBum has been posting, any other procedure is not certain.

[Tincon]

We do hear these anecdotes from time to time.

Given that the law is specific, as BumBum has been posting, any other procedure is not certain.

I tend to agree, though I can see how the approach described might avoid any practical problems. Of course, as with anything, the correct approach is to hire qualified legal counsel and seek your advice from counsel, not the internet.

[BumBum]

BumBum, How are they returned to the owner after storage, DROS + 10-day wait, LEGR, or court order?

I don't know the answer to this yet. The statute makes a reference to Penal Code section 27540, so I think there would be an application made to the DOJ and a 10-day wait to get the firearms back. This would make sense, because I would think the DOJ wants to make sure you are no longer prohibited. I would check with an FFL to make sure.

My son got a TRO in a divorce and the court extended it to a year, even though there was no domestic violence charges. We did a interfamilial transfer of all his firearms to me. I filed the papers with the $19 fee to the DOJ. All his handguns were then registered to me. No FFL was used.

After his RO is done, I will use the same SOP to return them to him.

We do hear these anecdotes from time to time.

Given that the law is specific, as BumBum has been posting, any other procedure is not certain.

I never recommend this to anybody. To be frank, you got lucky that your son didn't get in trouble because an inter-familial transfer is not one of the options available under the Family Code. The only reasons I can think of that he (and the other anecdotal stories we hear) didn't get on the radar is because either, (1) the judge may not follow up on this (some are more diligent than others), or (2) the protected party either does not know about the guns or doesn't think to follow up on the issue.

The restraining order application asks if there are guns owned by the respondent. I have had many clients who stated that they have no idea, or that maybe they think there are, but are not sure what kinds or how many (let's face it, many significant others are not as into guns as we are). If the petitioner is not sure or specific, it very may well be hard for the judge to follow up on. But if the petitioner is reasonably certain on what you have, the respondent had better be very careful not to take shortcuts, delay, or try to avoid the requirements.

Notwithstanding, it's best not to guess on how much your significant other knows or take a risk with how proactive your judge is -- the restraining order only imposes a TEMPORARY prohibition. If you are found in violation of these firearm prohibitions during this time, expect them to become permanent.

[guntrust]