You do not lose your weapons when you have a restraining order against you.
Is there a down side to keeping your gun locked in a safe?
- Thread starter desert dude
- Start date
Dr Kynes
Well-Known Member
if you have knives in your kitchen dont you worry that your kids may stab each other?
kids (like me) who grow up in a house FULL of guns of every description dont play with them, and when we do handle them we use them properly.
only kids who are not familiar with guns want to play with them.
my grandpappy and uncles taught me and my brothers to shoot when i was 8, we taught my nephews to shoot when they were 8 and 10 respectively (judgement calls, older one was a dumbass), and to date nobody in my family (goin back 4 generations) ever accidentally shot a round anywhere, and never shot anybody in a manner not specifically allowed by law. this of course doesnt jive with lefty propaganda, but it's true, even as aa lad those of my friends who were not accustomed to handling guns were the most foolish idiots on the planet when presented with the opportunity to play with one. my cousins and my brothers dont get excited at handling a gun, since we have handled em for years.
the mystique and aura of terror surrounding guns was created by leftist propagandists, not by familiarity with arms. once your kids are old eough to be trusted with a steak knife, they can be trusted to learn to use a gun. take away the mystique and your kids will be safer even if you dont keep a gun in the house, they probably will encounter one sooner or later.
Dr Kynes
Well-Known Member
my mom keeps a .357 loaded with hollow points (starfire controlled expansion ++P man-droppers) in her nightstand, and she can use it like any good farmer's daughter would.
if she even contemplated waving an empty gun around my grandpappy would come back from the grave just to slap the taste out of her mouth. and then kick me in the nuts for not slapping her first.
an unloaded gun doesnt do shit but give the perp a new toy to use on his next victim. a loaded gun not only protects YOU but the next victims the now deceased perp might have assaulted later.
158 grains of prevention is better than a pound of weeping over crime victims.
canndo
Well-Known Member
He was forced to surrender them by the court.
8 was the age I taught my daughters to shoot the old Savage model 15 single shot .22 bolt action. By age 10 they had been introduced to their own .410 single shot shotgun so they could go hunting with dad. They told me hunter safety was nothing but all the stuff I had been telling them for years, they aced those tests. The first time my oldest shot my Colt Python she exclaimed with glee " I Have GOT to get me one of those!" I used to show their boy friends some of the guns we used in the military I have in my collection, which always leads to stories about the Marines. Boys either were real well behaved or ran away fast after that.
canndo
Well-Known Member
the two loudest sounds in the world are a boom when you expected a click... and a click when you expected a boom.
Fact is you don't pull a gun unless you expect to use it and you don't use a gun unless you expect to kill what you are shooting at. an unloaded weapon violates both those rules.
Must be some law particular to that locale as the only thing that would restrict access to guns is a CONVICTION of domestic abuse.
How do they know he surrendered all of them?
canndo
Well-Known Member
They asked his wife, if she didn't know (she did) then they wouldn't have gotten them all. Makes no difference, had he been caught with any of them he would have gone to jail.
canndo
Well-Known Member
This is a state issue, and I doubt it is the only state with such a rule.
DOMESTIC VIOLENCE/PROTECTIVE ORDERS
- 6211. "Domestic violence" is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree. top
- 6218. "Protective order" means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (a) An order described in Section 6320 enjoining specific acts of abuse. (b) An order described in Section 6321 excluding a person from a dwelling. (c) An order described in Section 6322 enjoining other specified behavior. top
- 6388. A willful and knowing violation of a protective order, as defined in Section 6218, is a crime punishable as provided by Section 273.6 of the Penal Code. top
- 6389. (a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm while that protective order is in effect. Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to subdivision (g) of Section 12021 of the Penal Code. (b) On all forms providing notice that a protective order has been requested or granted, the Judicial Council shall include a notice that, upon service of the order, the respondent shall be ordered to relinquish possession or control of any firearms and not to purchase or receive or attempt to purchase or receive any firearms for a period not to exceed the duration of the restraining order. (c) (1) If the respondent is present in court at a duly noticed hearing, the court shall order the respondent to relinquish any firearm in the respondent's immediate possession or control or subject to that respondent's immediate possession or control. (2) The relinquishment ordered pursuant to paragraph (1) shall occur by immediately surrendering the firearm in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the protective order. Alternatively, if no request is made by a law enforcement officer, the relinquishment shall occur within 24 hours of being served with the order, by either surrendering the firearm in a safe manner to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as specified in Section 12071 of the Penal Code. The law enforcement officer or licensed gun dealer taking possession of the firearm pursuant to this subdivision shall issue a receipt to the person relinquishing the firearm at the time of relinquishment. A person ordered to relinquish any firearm pursuant to this subdivision shall file with the court that issued the protective order, within 48 hours after being served with the order, the receipt showing the firearm was surrendered to a local law enforcement agency or sold to a licensed gun dealer. Failure to timely file a receipt shall constitute a violation of the protective order. (3) The application forms for protective orders adopted by the Judicial Council and approved by the Department of Justice shall be amended to require the petitioner to describe the number, types, and locations of any firearms presently known by the petitioner to be possessed or controlled by the respondent. (4) It is recommended that every law enforcement agency in the state develop, adopt, and implement written policies and standards for law enforcement officers who request immediate relinquishment of firearms. (d) If the respondent declines to relinquish possession of any firearm based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution, the court may grant use immunity for the act of relinquishing the firearm required under this section. (e) A local law enforcement agency may charge the respondent a fee for the storage of any firearm pursuant to this section. This fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, "actual cost" means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 12071 of the Penal Code or to the respondent. (f) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (c) shall state on its face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm while the protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. Nothing in this section shall limit a respondent's right under existing law to petition the court at a later date for modification of the order. (g) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (c) shall prohibit the person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm to the respondent, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the respondent is prohibited from possessing a firearm because the respondent is in any prohibited class for the possession of firearms, as defined in Sections 12021 and 12021.1 of the Penal Code and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is used against the respondent under this section. If the local law enforcement agency determines that the respondent is the legal owner of any firearm deposited with the local law enforcement agency and is prohibited from possessing any firearm, the respondent shall be entitled to sell or transfer the firearm to a licensed dealer as defined in section 12071 of the Penal Code. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon his or her identification of the firearm and proof of ownership. (h) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm if the respondent can show that a particular firearm is necessary as a condition of continued employment and that the current employer is unable to reassign the respondent to another position where a firearm is unnecessary. If an exemption is granted pursuant to this subdivision, the order shall provide that the firearm shall be in the physical possession of the respondent only during scheduled work hours and during travel to and from his or her place of employment. In any case involving a peace officer who as a condition of employment and whose personal safety depends on the ability to carry a firearm, a court may allow the peace officer to continue to carry a firearm, either on duty or off duty, if the court finds by preponderance of the evidence that the officer does not pose a threat of harm. Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer and may require the peace officer to enter into counseling or other remedial treatment program to deal with any propensity for domestic violence. (i) During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A licensed gun dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the respondent that are in the possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer, shall be given possession of those firearms, at the location where a respondent's firearms are stored, within five days of presenting the local law enforcement agency with a bill of sale. (j) The disposition of any unclaimed property under this section shall be made pursuant to Section 1413 of the Penal Code. (k) The return of a firearm to any person pursuant to subdivision (g) shall not be subject to the requirements of subdivision (d) of Section 12072 of the Penal Code. (l) If the respondent notifies the court that he or she owns a firearm that is not in his or her immediate possession, the court may limit the order to exclude that firearm if the judge is satisfied the respondent is unable to gain access to that firearm while the protective order is in effect. (m) Any respondent to a protective order who violates any order issued pursuant to this section shall be punished under the provisions of subdivision (g) of Section 12021 of the Penal Code.
I love the part about selling the guns to a gun dealer and using the receipt as proof of having dispensed of them. That is one huge ass loophole.
canndo
Well-Known Member
Point here is that forcing the subject of a restraining order to surrender his firearms is very real and it is not a
"local" law. no one needs to be convicted of anything. Of course if the order is lifted, they are entitled to get their arms back.
ChesusRice
Well-Known Member
most states you do
Yeah, funny thing about protection orders is that they automatically lift after a year. Thats true in every state in the nation.
In the state in which i live they do not relieve you of your firearms, even the courts are aware that people lie in order to get restraining orders and unless there is actual factual proof of physical violence they will not remove your firearms, its up to the judge mostly.
What would stop a gun owner whom had a restraining order from selling all his guns for $1 to a relative that has a FFL?
how do the police know you have given them ALL of your firearms?
Prove it. gotta find at least 26 states. Burden of proof is on you.
I see you have proven once again that the bulb does not burn too bright by bringing our attention to FEDERAL gun laws. It says so right at the top. Now does anyone understand that federal laws are separate from State laws??? Do you???
ChesusRice
Well-Known Member
Wow the dimness never fades does it? you have linked to yet another FEDERAL law. Goddamn you are fucking dense dude. I imagine most of your life was one giant line of teachers and instructors who committed suicide after trying to get you to learn something.