Restraining order served during 10 day wait

[cliffv]

I have a customer that was served with an emergency restraining order the day before his handgun DROS was approved, unbeknownst to me. When I contacted the customer to let him know that his gun is ready for pick-up he let me know about the restraining order and wasn't sure how to proceed.
I first let him know that he should consult with his attorney before he makes any decisions on how to proceed with the gun.
I then let him know that we can let the DROS lapse and I'll store it for him until the issues are resolved and then reDROS. He thought was to transfer the gun to his brother but, I'm not sure I can do that since I would have to deliver the gun to him first (on paper) and then PPT it to his brother immediately.
Either way, I told him that he should confer with his attorney for guidance.

Opinions?

[kemasa]

His brother isn't the actual transferee/buyer.

The only choice I see is for you to hold it.

[Tyke8319]

I have a customer that was served with an emergency restraining order the day before his handgun DROS was approved, unbeknownst to me. When I contacted the customer to let him know that his gun is ready for pick-up he let me know about the restraining order and wasn't sure how to proceed.
I first let him know that he should consult with his attorney before he makes any decisions on how to proceed with the gun.
I then let him know that we can let the DROS lapse and I'll store it for him until the issues are resolved and then reDROS. He thought was to transfer the gun to his brother but, I'm not sure I can do that since I would have to deliver the gun to him first (on paper) and then PPT it to his brother immediately.
Either way, I told him that he should confer with his attorney for guidance.

Opinions?

I've done a few of these..

1st. Get a copy of the restraining order and see how it reads.
2nd. Technically, he cannot take possession of the DROS gun. Store it till the matter is resolved then re-DROS (if possible).
3rd. Restraining orders generally read that all firearms must be tuned over to Law Enforcement, FFL dealer and/or possibly destroyed. See how the RO reads. The storage fee is generally worked out between you and the owner.
4. Once the matter is resolved get a copy of the court order to insure you are following the directions of the court.

That's sort it in a nutshell.

[cliffv]

Thanks guys.

I think my best course of action, at the moment, is to hold it until the matter is resolved (he said his first court hearing will be in July).
A third option I was considering floating to him, since the gun is still in my new inventory, was to refund his money and resell. I wouldn't have to do an acquisition on it since it was never delivered or signed out in my book and I'm sure I could recover the cost pretty quickly. Does that sound right?

Regards,

Cliff

[OCArmory]

I would cancel or let the DROS expire. When it is resolved reDROS it to him. You both could get in trouble if even on paper you deliver it to him as he informed you of his prohibition. Hopefully they can get it resolved fairly soon. Most of my restraining order holds are going on 4 months now as the courts aren't seeing people

[five.five-six]

Many times a TRO does not result in a permanent injunction (3 years) if the IF the TRO is heard and dismissed prior to 30 days, you can release the gun to him so long as there was not a permanent injunction, the TRO has expired and it’s inside the 10-30 day window.

If there is a permanent injunction, just offer the guy a refund for the gun but not the transfer. That’s his problem.

[Tyke8319]

I have a customer that was served with an emergency restraining order the day before his handgun DROS was approved, unbeknownst to me. When I contacted the customer to let him know that his gun is ready for pick-up he let me know about the restraining order and wasn't sure how to proceed.
I first let him know that he should consult with his attorney before he makes any decisions on how to proceed with the gun.
I then let him know that we can let the DROS lapse and I'll store it for him until the issues are resolved and then reDROS. He thought was to transfer the gun to his brother but, I'm not sure I can do that since I would have to deliver the gun to him first (on paper) and then PPT it to his brother immediately.
Either way, I told him that he should confer with his attorney for guidance.

Opinions?

I should also mention that any firearms you take in should be entered into your A&D book. The court order canceling the restraining order may require re-DROSing or may say just return. I've had both.

Any firearms you take in you should give the receipt for to the owner. The court may want a list (make, Model, SR#) of the guns relinquished.

[five.five-six]

I would cancel or let the DROS expire. When it is resolved reDROS it to him. You both could get in trouble if even on paper you deliver it to him as he informed you of his prohibition. Hopefully they can get it resolved fairly soon. Most of my restraining order holds are going on 4 months now as the courts aren't seeing people

[five.five-six]

I should also mention that any firearms you take in should be entered into your A&D book. The court order canceling the restraining order may require re-DROSing or may say just return. I've had both.

Any firearms you take in you should give the receipt for to the owner. The court may want a list (make, Model, SR#) of the guns relinquished.

[Tyke8319]

Not so. The court will allow an FFL to store..all of which depends on the type of case before the court and the judge.

[kemasa]

...
The court order canceling the restraining order may require re-DROSing or may say just return. I've had both.

...

Realize that as a federally licensed dealer that regardless as to what a judge says, you have to follow the law, which means except for gunsmith work, you have to 4473 it back to the person with all the requirements.

[five.five-six]

Not so. The court will allow an FFL to store..all of which depends on the type of case before the court and the judge.

[taperxz]

Ive had to deal with this before. Wait out the entire 30 days before making a decision. That temp restraining order may only be for a short time like 10 to 15 days. If the order is lifted due to a bogus claim, the gun can still be delivered before the end of the application. Or, if its a 30 day order, you can just redros it to them. Many of the restraining orders don't last very long.

[acespawnshop]

How in the world can you in good faith click deliver gun and then sign the DROS to a guy who just told you they're prohibited? It seems pretty clear the only option is to cancel the DROS.

[five.five-six]

How in the world can you in good faith click deliver gun and then sign the DROS to a guy who just told you they're prohibited? It seems pretty clear the only option is to cancel the DROS.