Restraining order

[hd2000fxdl 422]

The whole thing is a mess and I feel bad for him. He was suppose to go shooting with me Sunday.

 

I wonder now that technically he is a restricted person until this RO crap is corrected, can he legally go shooting with you?

[Guest]

Hypothetically. Couldn't he sell his long guns to an FID holder for say a dollar. All paperwork done etc.

 

Once he gets his situation cleared up, assuming he is allowed to keep his fid, couldn't he buy them back??

 

I'm am NOT an attorney so this above hypothetical situation could be laughed at, just seemed reasonable to me

 

I know of a similiar story of a friend of a friends brother in law was going through a divorce with a RO and did just this. This was a number of years ago and I don't know how it turned out. Just a passing story over a beer.

[Underdog 1,593]

First I'd call a lawyer.

 

I'd give 'em the lower.

 

I'd also be tempted to run the lot through the bandsaw. If I can't have my guns, some deputy who filches it can't have it either. "Here ya go" Rattling the box of pieces.

 

Also, isn't just the serialize part the gun? Strip off the barrels, slides, mags, grips, etc. They get a stripped frame.

 

 

 

 

 

I must be missing something to this story.

 

I thought I read somewhere that it is illegal to destroy a firearm. Obviously, it would probably be so if it were evidence in a crime.

 

Can't he take them to an FFL dealer to sell for him?

[hd2000fxdl 422]

I believe it is against the law to destroy firearms.

 

HUH???

[KpdPipes 388]

I wonder now that technically he is a restricted person until this RO crap is corrected, can he legally go shooting with you?

 

I Believe that he cannot possess ANY firearm for ANY purpose during a Temp RO.

[KpdPipes 388]

I must be missing something to this story.

 

I thought I read somewhere that it is illegal to destroy a firearm. Obviously, it would probably be so if it were evidence in a crime.

 

Can't he take them to an FFL dealer to sell for him?

 

negative It's not unlawful..SILLY maybe, but not something that would jam you up..that said, Once the RO is dismissed, you can get your firearms back from the Prosecutor's office. problem is, depending on what county it may take some time. BErgen is bad, I've heard that Essex is worse. Hudson runs a couple of weeks from what I've seen. Also, most people who have collections and are given final RO's ARE given the opportunity by the court to dispose of them through sales....Despite what some folks will tell you.

[KpdPipes 388]

Hypothetically. Couldn't he sell his long guns to an FID holder for say a dollar. All paperwork done etc.

 

Once he gets his situation cleared up, assuming he is allowed to keep his fid, couldn't he buy them back??

 

I'm am NOT an attorney so this above hypothetical situation could be laughed at, just seemed reasonable to me

 

I know of a similiar story of a friend of a friends brother in law was going through a divorce with a RO and did just this. This was a number of years ago and I don't know how it turned out. Just a passing story over a beer.

yes..IF he gets his FID back..that is something that he will have to petition the Prosecutor's Office for. the local PD will retain his FID card, ALL Firearms go to the Prosecutor's office for Storage. When he comes out of this, he goes to the Prosecutor's Office and gets a letter from them, at which point he goes to the local PD and gets his FID card back, then from there back to the Prosecutor's office to get his guns.

[Babaganoosh 192]

If you ever end up having to turn in your guns put each one in one of the silicon impregnated gun socks before you give it to them. They won't take care of your firearms like you will. They will get tossed on a shelf or in a corner somewhere.

[Shawnmoore81 623]

I told him to get a lawyer first of all. Then for the court date Don't let any relatives know he is going. Figure that way his brother won't be able to say he violated if he doesn't know he's in the area. Have someone with you while you are there and show up at court and go home right after. He was suppose to go down for thanksgiving. I suggested skipping that trip. Let time pass and let people cool down.

[KpdPipes 388]

If you ever end up having to turn in your guns put each one in one of the silicon impregnated gun socks before you give it to them. They won't take care of your firearms like you will. They will get tossed on a shelf or in a corner somewhere.

 

 

Depends on the county i guess..we have to put each firearm into a cardboard box, sealed, dated and accounted for, before they go to the County.

[Anselmo 87]

I told him to get a lawyer first of all. Then for the court date Don't let any relatives know he is going. Figure that way his brother won't be able to say he violated if he doesn't know he's in the area. Have someone with you while you are there and show up at court and go home right after. He was suppose to go down for thanksgiving. I suggested skipping that trip. Let time pass and let people cool down.

 

Do not violate a restraining order. Just be patient and things should work out.

[Babaganoosh 192]

Depends on the county i guess..we have to put each firearm into a cardboard box, sealed, dated and accounted for, before they go to the County.

 

Good to know. The gun socks are great at keeping away corrosion. They could be sitting around for a few months in a humid area.

[KpdPipes 388]

Good to know. The gun socks are great at keeping away corrosion. They could be sitting around for a few months in a humid area.

I know at least with us, they would be taken out of the Socks before they are zip-tied into the boxes, P&E office policy, they wont accept anything in a case, even inside their own boxes (They supply both the handgun and long gun boxes for the municipalities to use)

[Babaganoosh 192]

I know at least with us, they would be taken out of the Socks before they are zip-tied into the boxes, P&E office policy, they wont accept anything in a case, even inside their own boxes (They supply both the handgun and long gun boxes for the municipalities to use)

 

 

Weak

[KpdPipes 388]

Weak

Rules is Rules

[Shawnmoore81 623]

Paper work he was served with states he can turn them over to a qualified person. I'm gonna try and pick them up Monday. He goes to court in wv next week. At least if I have em he will be able to sell them if the ro sticks. So you may see a s&w m&p15 and a savage .17hmr on here for sale. Hopefully not though.

[NFRs2000NYC 7]

What was the order for? What happened?

[Dan 177]

Pretty scarey that anyone can file for a RO against anybody and have their guns taken away. There should be some kind of punishment for abusing this legal mechanism if during the initial temp to permanent judicial review it is deemed that the accuser was completely out of line.

 

As others said, I'd get a lawyer who is skilled in these matters. If I did have to turn in my guns. I would get gallon of the stinkiest cosmoline-type protective grease I could find and lather them up with a quarter inch thick coating of the stuff and wrap it up with cloth or wax paper before turning them in. I'm sure the processor won't want to remove that crap and will place them into whatever storage they have without removing any of the cloth/paper besides what is needed to read the serial #.

[KpdPipes 388]

Pretty scarey that anyone can file for a RO against anybody and have their guns taken away. There should be some kind of punishment for abusing this legal mechanism if during the initial temp to permanent judicial review it is deemed that the accuser was completely out of line.

As others said, I'd get a lawyer who is skilled in these matters. If I did have to turn in my guns. I would get gallon of the stinkiest cosmoline-type protective grease I could find and lather them up with a quarter inch thick coating of the stuff and wrap it up with cloth or wax paper before turning them in. I'm sure the processor won't want to remove that crap and will place them into whatever storage they have without removing any of the cloth/paper besides what is needed to read the serial #.

 

Well firstly, it's not just "Anyone", there are guidelines as to what consists of "Domestic Violence", as WELL as what relationships fall under the auspices. Secondly In MY experience at least on the Municipal level, it isnt just a rubberstamp, the Judge reviwes the case file, AND speaks to the plaintiff as well as the officers before granting, or denying the Temporary order. Now at the COUNT level?/ they do pretty much rubberstamp every TRO that comes across, although it still has to fall within the guidelines of Relationship, and nature of offense. As far as the other part?? You wont find ANY judge willing to do that... Groups like NOW, and "Women Rising" would be hanging him in effigy..in THEIR Eyes it's better that 100 Innocent men get screwed over to ensure that one guilty guy gets his. Eventually it'll change, but for now they're still operating under the assumption that going after the BS atrists will cause REAL incidents to go unreported. It took 2 decades of that thinking before they would start charging False Sexual Assault allegations as such.

[PK90 3,570]

If I recall correctly, most TROs can be appealled by the defendant within 24 hours

[Shawnmoore81 623]

He's fighting it

[Downr@nge 22]

One of the most important things your friend must do is ATTEND THE Temporary Restraining Order Hearing. Tell him to get a lawyer and make sure he wears a suit, and keeps his calm. If he misses the court date, say goodbye to his gun rights for a minimum of 3 years AFTER he gets the Final Restraining Order removed. Furthermore, the evidence standards for the accused are higher than the accuser. IIRC, the defendant must use the Preponderance of Evidence Standard while the plaintiff

s accusations are enough. Make sure your friend gets a GOOD lawyer!!! A lot of these bogus restraining order cases are usually thrown out at the TRO (Temporary Restraining Order) Hearing.

[Downr@nge 22]

If I recall correctly, most TROs can be appealled by the defendant within 24 hours

 

No they can't. You must attend a Temporary Restraining Order Hearing 10 days from the day the restraining order is filed. I know this because I went through it! I prevailed in the end!

[Downr@nge 22]

Well firstly, it's not just "Anyone", there are guidelines as to what consists of "Domestic Violence", as WELL as what relationships fall under the auspices. Secondly In MY experience at least on the Municipal level, it isnt just a rubberstamp, the Judge reviwes the case file, AND speaks to the plaintiff as well as the officers before granting, or denying the Temporary order. Now at the COUNT level?/ they do pretty much rubberstamp every TRO that comes across, although it still has to fall within the guidelines of Relationship, and nature of offense. As far as the other part?? You wont find ANY judge willing to do that... Groups like NOW, and "Women Rising" would be hanging him in effigy..in THEIR Eyes it's better that 100 Innocent men get screwed over to ensure that one guilty guy gets his. Eventually it'll change, but for now they're still operating under the assumption that going after the BS atrists will cause REAL incidents to go unreported. It took 2 decades of that thinking before they would start charging False Sexual Assault allegations as such.

 

In my experience, all it takes is an accusation of being afraid and the order is granted. I am not a lawyer but i've seen it happened and been a victim of it.

[KpdPipes 388]

In my experience, all it takes is an accusation of being afraid and the order is granted. I am not a lawyer but i've seen it happened and been a victim of it.

I;ve worked probably a thousand of them over the years.....you've been involved with one. Different Towns/Municipal courts have different practices.

[PK90 3,570]

No they can't. You must attend a Temporary Restraining Order Hearing 10 days from the day the restraining order is filed. I know this because I went through it! I prevailed in the end!

 

Read the last page where the defendant signs. It has been awhile, but they did have that right.

 

ETA: see NJS 2C:25-28i

[Downr@nge 22]

Read the last page where the defendant signs. It has been awhile, but they did have that right.

 

ETA: see NJS 2C:25-28i

 

Oh okay, I stand corrected!

[Downr@nge 22]

I;ve worked probably a thousand of them over the years.....you've been involved with one. Different Towns/Municipal courts have different practices.

 

I personally have been involved with one but know quite a few that have gone through it. Still pales to your almost 1000, and you're probably right about practices varying from area to area, but from the ones i've seen, it doesn't take much to get a TRO issued. Maybe its an Atlantic County thing, I dunno. Just telling you guys what i've seen and heard.

 

I knew a girl who was pissed at a guy for dumping her. She got a TRO by lying and saying the guy had called her several times over the weekend and it scared her. They issued the TRO just from her accusations alone, no documented proof at all (Ventnor City). I know for a fact this was a lie because she told me herself it was a lie after the fact. She said she wanted to teach him a lesson. Needless to say I never spoke to her again!

[Shawnmoore81 623]

Ok restraining order is dropped. Which was an even in itself. Apparently the cops in west Virginia don't work during hunting season. But the Gloucester county proc. office has all the paperwork. The procecuter won't be back till after new years to actually release the weapons. But claim they won't give back the ammo. My question in why not? It's a couple hundred dollars worth of ammo. Is that actually a law?

[PK90 3,570]

Could be PD policy. No ammo is to be retained in the PD property room. It was probably destroyed. BTW, they weren't supposed to take ammunition. That was not required by law. Kiss it goodbye.