Restrianing?

[thomasina]

I am new here. Thank you for accepting me. I found this forum by googling.

To put a long story short, my new roommate got a restraining order and ended up moving from his home, hence became my new roommate. He was in his home packing for a couple of days, then started looking for a place to move, and he happened to find me.

He told me that the officers came in around the time that he was about to finish packing. They came up to have his firearms taken away. When he told them he has no guns, they searched anyway.(could have ask for a warrant, but the agreement was he only have 2 and a half days packing, and he has to be gone when the exwife came back. All he has are half a dozen antiques (they look like pirate guns??), he also has 3 air guns, with the intention of giving his 3 grand kids, but not until they get older.

I told him he should get a lawyer or something. This is beyond me. All I know is how to shoot a gun. But he asked me to help him out,or at least do some basic digging first. He cannot really dig because he does not know much about computers (he was a mechanic for Caltrans before he retired), he still use a flip phone.

So this is what he wants to know first before looking for a professional to talk to him.
1. His antiques has never been shot, at least during his lifetime. He thought that antiques are not guns. He got them from auctions of people's estates. He thought it was a good idea to have some as investment. So how come the officers took them away?
2. The three air guns for his grand kids were also taken away. The officers told him that the air guns were dangerous hence they took them. He told me that the air guns cannot shoot far away, he was told by the store that they were meant to shoot 10 yards. They do look a bit like a toy. one of them is pink. I looked them up online. Kind of cute. No need to guess which grand kid will have that one.

Well they also took away his knife collection, but they are not as valuable than the pirate guns. He also wanted to know why of course.

I've did some search over this website. I could not get any information, hence I decided to post. One way or another I am just a roommate, not his legal advisor.

[P5Ret]

While it is nice to try to help friends, you really need to stay out of it. He needs a lawyer ASAP, or the chances of this ending well are slim.

The only people who can answer why things were taken are the people who took them, anything else is pure speculation, since none of us know what the seizure order said. It may have very well included the knives.

You also need to protect yourself, as he can have no access to firearms or ammo, no matter who it belongs to until and if this is resolved in his favor.

[Jimi Jah]

The cost of a lawyer will exceed the value of any guns he has. That's how they break you here.

[edgerly779]

f they already came he screwed up only a narrow window to sell or put in anothers possession.

[sonofeugene]

I hope all your guns are in a safe where he has no access.

[MountainLion]

... got a restraining order ...

Read the restraining order. It will have detailed instructions in there. There is no one generic answer, because restraining orders can have different instructions. In California, restraining orders commonly (but not always) have a section ordering the person to not own, have, possess, buy, try to buy, receive, try to receive, or otherwise get guns, other firearms, or ammunition. Restraining orders are written in easy to understand language, not complicated legalese.

[thomasina]

I don't have guns. My experience is limited, a co-worker of mine brought me to a place that has indoor range, and he taught me.

Thank you folks, I'll just tell him that it is beyond my pay grade. I have no idea how much it costs to hire lawyers, and exactly why hire one.

[Quiet]

So this is what he wants to know first before looking for a professional to talk to him.

1. His antiques has never been shot, at least during his lifetime. He thought that antiques are not guns. He got them from auctions of people's estates. He thought it was a good idea to have some as investment. So how come the officers took them away?

2. The three air guns for his grand kids were also taken away. The officers told him that the air guns were dangerous hence they took them. He told me that the air guns cannot shoot far away, he was told by the store that they were meant to shoot 10 yards. They do look a bit like a toy. one of them is pink. I looked them up online. Kind of cute. No need to guess which grand kid will have that one.

Well they also took away his knife collection, but they are not as valuable than the pirate guns. He also wanted to know why of course.

AFAIK...


Under CA laws...

Antique firearms are still considered firearms and are only exempt from a few CA firearm laws.

Antique firearms are not exempt from CA gun violence restraining order laws.
Antique firearms are not exempt from CA prohibited person laws.

Which means... a restraining order that requires the person being served to not own/possess firearms and ammunition, also includes antique firearms and ammunition for antique firearms.

Crimes involving domestic violence requires CA LEOs to confiscate any deadly weapons that are discovered to be owned by the suspect.

If the restraining order was in regards to domestic violence, when the LEOs showed up to confiscate the firearms, they would also confiscate all other deadly weapons that are discovered by them.

Which would be the reason why the knives and airguns were taken.

Airguns are classified as imitation firearms under CA laws and some CA LEOs will treat them as firearms in regards to a gun violence restraining order.