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DROS denial from 4 year old TRO

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  • jtv
    Junior Member
    • May 2018
    • 4

    DROS denial from 4 year old TRO

    Hey all, new member here. I know that there are a lot of DROS denial threads but I have not been able to find one addressing my specific circumstances.

    Recently attempted to DROS a sweet .40 P226 and was denied. I received the letter from the NICS stating that I was denied due to a being subject to a restraining order.

    4 years ago, my now ex gf filed a temporary restraining order against me to force me to move out of our shared house at the time after our first breakup and lied on the documentation about me being abusive.

    4 years later we're not together anymore but we dated up until early 2017. I am the co-signer on her car loan and she works at my previous employer where I helped her get a job. She admitted that the TRO was a mistake and overreaction on her part, but I figured the past is the past... until I tried to DROS my new gun.

    I was never served and the TRO was dismissed by the judge. I went to the courthouse and got a copy of the case file and was intending on submitting the court documentation through the NICS appeal form(https://forms.fbi.gov/nics-appeal-request-form) as proof that the restraining order was temporarily granted but ultimately dismissed and proof of service was not filed and I am therefore no longer subject to a restraining order for over 4 years now.

    Does this sound like the right course of action for something like this? Should I also submit car loan documentation showing that I was in fact with my ex in 2017, 3 years after the TRO and therefore couldn't be under a restraining order or just leave it with the court documentation? I don't want to raise flags about still being in contact with her, even though we're still friends and supportive of each other. Just trying to navigate this myself without an attorney if possible. Am I missing anything?
  • #2
    PatC415
    FREELOADER
    CGN Contributor
    • Nov 2014
    • 979

    IMO, You should probably do a live scan and find out what's still on your record.
    It's not the fall that kills you, it's the sudden stop at the bottom.

    Comment

    • #3
      SkyHawk
      I need a LIFE!!
      • Sep 2012
      • 23367

      What state do you live in? If you live in CA, you did not get a letter from NICS you got a letter from CA DOJ. Hard to say what you should do without knowing...
      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

      Comment

      • #4
        code_blue
        Veteran Member
        • Sep 2012
        • 3452

        The denial letter is from CA DOJ, not "NICS". Contact DOJ to see what they want.

        Nothing else we state can assist you since it is between you and DOJ. Good luck.
        Classifieds:

        Radian & Aero Pistol lowers, Folsom

        Comment

        • #5
          bigstick61
          Veteran Member
          • May 2008
          • 3193

          Regarding NICS appeals, this was released by Stamboulieh Law, PLLC, today:

          We submitted a FOIA regarding NICS and the appeals process in April 2016. Today we received documents responsive to that request. The documents produced demonstrate that the FBI and NICS were not processing appeals as required by law as alleged in all of our 18 USC 925A cases we have filed to date. On page 50 of the attached, it says "The AST has five business days to tell a denied individual the reason for their denial. However, the AST Examiners are not performing any appeal work due to the increased volume." On page 57, someone wrote this email: "We stopped processing front-end [appeals] mail on 11/25/2015."

          This is a serious problem as there are many individuals that are being erroneously denied their right to keep and bear arms due to the government's databases being incorrect. If the agency refuses to allow timely appeals, then the individuals have no recourse except through a court of law which is expensive.

          Comment

          • #6
            jtv
            Junior Member
            • May 2018
            • 4

            Originally posted by SkyHawk
            What state do you live in? If you live in CA, you did not get a letter from NICS you got a letter from CA DOJ. Hard to say what you should do without knowing...
            I'm in CA. The letter did come from the CA DOJ, however, it states that the denial was under federal law, 18 USC 922 (g)(8) and referred me to the NICS customer service # and provided an NTN # with a photocopy pamphlet attached titled "NICS Guide for Appealing a Firearm Transfer: Your Rights and Responsibilities"

            However, if they are not processing appeals as bigstick61 states, then ... I dunno what recourse I have to clear this up. Perhaps I can go to the court and have them update their records to show the dismissal and the temporary status. Worst case scenario, the gun goes to my dad and the family safe, but I'd like to have my own personal home protection and clear my record, really wanting to save up for an M1A next.

            Comment

            • #7
              SkyHawk
              I need a LIFE!!
              • Sep 2012
              • 23367

              Originally posted by jtv
              I'm in CA. The letter did come from the CA DOJ, however, it states that the denial was under federal law, 18 USC 922 (g)(8) and referred me to the NICS customer service # and provided an NTN # with a photocopy pamphlet attached titled "NICS Guide for Appealing a Firearm Transfer: Your Rights and Responsibilities"

              However, if they are not processing appeals as bigstick61 states, then ... I dunno what recourse I have to clear this up. Perhaps I can go to the court and have them update their records to show the dismissal and the temporary status. Worst case scenario, the gun goes to my dad and the family safe, but I'd like to have my own personal home protection and clear my record, really wanting to save up for an M1A next.
              Wow, DOJ provding NTN - that seems new but also a step in the right direction.

              Anyhow, file the NICS appeal for sure. Do it online, asap - and upload any docs you have. Be sure to explain everything in the field that allows you to. If you need more room, type it in a cover letter and upload that too.

              I think NICS is better at appeals now that we have a new President, but who knows.

              Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

              Comment

              • #8
                jtv
                Junior Member
                • May 2018
                • 4

                Originally posted by PatC415
                IMO, You should probably do a live scan and find out what's still on your record.
                Do you have any recommended services? One I saw from these threads required the use of a major cell phone carrier and I'm on Google Fi.

                Comment

                • #9
                  SkyHawk
                  I need a LIFE!!
                  • Sep 2012
                  • 23367

                  Originally posted by jtv
                  Do you have any recommended services? One I saw from these threads required the use of a major cell phone carrier and I'm on Google Fi.
                  If you need your Fed record, you need an approved channeler for fastest results, the only other option is rolled ink fingerprints by mail.

                  Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                  Comment

                  • #10
                    Jwalt
                    Senior Member
                    • Jul 2017
                    • 551

                    IANAL but I really don't think they're going to care about any current personal or business dealings you have with your ex.

                    You just need to demonstrate the TRO never went permanent, has expired, was dismissed.

                    Comment

                    • #11
                      SkyHawk
                      I need a LIFE!!
                      • Sep 2012
                      • 23367

                      Originally posted by Jwalt
                      IANAL but I really don't think they're going to care about any current personal or business dealings you have with your ex.

                      You just need to demonstrate the TRO never went permanent, has expired, was dismissed.
                      I agree keep it on point and focused.
                      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                      Comment

                      • #12
                        Win231
                        Senior Member
                        • Sep 2015
                        • 2099

                        I had to read your post twice because I couldn't believe what I was reading.
                        Four years after your GF lied & filed a false RO to get you in trouble & you're having anything to do with her?? You really need her that bad? I hope she's worth it.

                        I dated two women like that - & broke it off & lost their numbers immediately.

                        A friend of mine wasn't so lucky. He continued to stay married to a woman like that. After a verbal argument, she called police & said he shoved her. She showed them a bruise she got the day before when she slipped & fell in the kitchen. He was (of course) arrested & spent 8 days in jail...not to mention legal fees. He got wise & divorced her. The really pathetic part is (as always happens) she wasn't charge with filing a false police report.

                        Comment

                        • #13
                          BAJ475
                          Calguns Addict
                          • Jul 2014
                          • 5029

                          Originally posted by jtv
                          Do you have any recommended services? One I saw from these threads required the use of a major cell phone carrier and I'm on Google Fi.
                          You need to file the appeal, as others have stated. But expect that process to take a VERY LONG time. I have a client who filed an appeal on February 2, 2016 and he still has not heard anything. His next step will be suing the FBI under 18 USC 925A with a Bivens

                          Comment

                          • #14
                            PatC415
                            FREELOADER
                            CGN Contributor
                            • Nov 2014
                            • 979

                            Originally posted by jtv
                            Do you have any recommended services? One I saw from these threads required the use of a major cell phone carrier and I'm on Google Fi.
                            Find Ca DOJ approved locations here:
                            It's not the fall that kills you, it's the sudden stop at the bottom.

                            Comment

                            • #15
                              jtv
                              Junior Member
                              • May 2018
                              • 4

                              Originally posted by BAJ475
                              You need to file the appeal, as others have stated. But expect that process to take a VERY LONG time. I have a client who filed an appeal on February 2, 2016 and he still has not heard anything. His next step will be suing the FBI under 18 USC 925A with a Bivens
                              Thank you, I was thinking the same thing in re: to not getting served and no longer being subject to the restraining order.

                              Alright, I'm buckling in for the long haul then, I suppose I should get my dad up here (2 hours away) and have him DROS it under his name so its not sitting in the gun shop, already paid for for the next 6 months to infinity. At least it will be in the family safe with our other firearms until I can get this legal snafu cleared up.

                              Thanks everyone! I appreciate the validation and assistance on this.

                              Comment

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