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I've seen and experienced the frivolous use of a TRO. Recently 3 friends going through ugly divorces had them filed against them. Judge almost always issues TRO. The 2 in NJ were removed from the home and had their firearms taken and FID taken. Neither had Final Restraining Order issued. The one got his firearms back. One rifle a Remington Model 8 had a broken stock. The other still hasn't received his firearms back and divorce is finalized. The one in PA got to keep his firearms til the hearing for the final restraining order, but had to leave the house. The reason they stayed in the House during divorce is lawyers told them to.


20 years ago I had some crazy bitch file a TRO against me saying I pulled a gun on her. Reason she did it; I stopped answering her calls.


Police came to my parents house with a search warrant for my room, it was a Friday night. I was at work at the time and temporarily living with my parents. My parents knew I had firearms, but knew I had stopped bothering with the psycho because she would drive by the house, sit in her car in the street waiting for me to come home, and weird stuff like that. So they knew it was BS. When they asked which room was mine my mother pointed and it happened to be spare bedroom. They had an arrest warrant too. At the time the people I was working for hired Kenny Weiner and he had me leave the state. He contacted the police saying I would turn myself in Monday. Monday came and she recanted because it was all BS. TRO and arrest warranted dropped.


However I refused to just let it go and we took her to court. In the end records were sealed and she had to pay $2,000 for my attorney fees, which was only half. My employers at the time paid the other half. If I didn't fight it it would have come up on subsequent background checks and I likely would not own firearms. If I was home when police came I likely would have spent the weekend in county jail. Psycho knew that and was trying to hurt me anyway she could because I hurt her feelings. So yes TRO can be used as a weapon.

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And the common factor in this thread is:
Don't stick it in crazy.
It never ends well.


That is the truth, but in your early 20s you aren't thinking with the right head. I really feel bad for the guys who marry the extra crazy ones.


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2 hours ago, capt14k said:

 


That is the truth, but in your early 20s you aren't thinking with the right head. I really feel bad for the guys who marry the extra crazy ones.


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Who people date I think is their own business, even if it goes sour and the restraining order comes. I propose that checks for restraining orders be removed from the background check lookup nand people not be denied if that's the only red flag that comes up as their are way too many unknowns so they shouldn't be discriminated against.

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Who people date I think is their own business, even if it goes sour and the restraining order comes. I propose that checks for restraining orders be removed from the background check lookup nand people not be denied if that's the only red flag that comes up as their are way too many unknowns so they shouldn't be discriminated against.


I agree TRO should have no bearing on firearms ownership or right to purchase, however that is not the case. Thus why I fought to make sure a judge ruled in my favor and everything was sealed. I remember bitch cop in Marlboro telling me don't worry about it she dropped it, and my response was arrest her for filing false report or destroy the file. They refused to arrest her and said they gave her a stern talking to and told her if she ever did it again she would be arrested. I knew they weren't going to destroy the file so taking it to court was the only option.


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On 6/7/2018 at 1:41 PM, RichP said:

I might get flamed here, oh well.

I have absolutely no problems with guns being removed, FID forfeited, etc. due to a restraining order. If they are being granted frivolously, then that is something that should be addressed and corrected.

But otherwise, if someones wife/daughter/sister/mother feels that their only protection against harassment (or worse) is a restaining order, then it should be taken seriously and every precaution made until a hearing is had.

so then you think they should also forfeit their drivers license, any/all sharp objects in their home, vehicles impounded(can't risk them driving on revoked, right?), and should not be allowed to rent any tools or equipment during the time of this restraining order?

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3 minutes ago, 1LtCAP said:

so then you think they should also forfeit their drivers license, any/all sharp objects in their home, vehicles impounded(can't risk them driving on revoked, right?), and should not be allowed to rent any tools or equipment during the time of this restraining order?

And what of recovery?  Ever try to get something back once it’s confiscated?

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I might get flamed here, oh well.
I have absolutely no problems with guns being removed, FID forfeited, etc. due to a restraining order. If they are being granted frivolously, then that is something that should be addressed and corrected.
But otherwise, if someones wife/daughter/sister/mother feels that their only protection against harassment (or worse) is a restaining order, then it should be taken seriously and every precaution made until a hearing is had.


Nothing should be taken without due process. There are no penalties for file a false restraining order. In my situation the bitch made up a completely fabricated story. I hadn't answered her calls for 2 weeks. In the end no charges were filed against her and I was only granted half my legal fees.

Fast forward to today. Hypothetically I have a large collection of firearms. Many are irreplaceable. Hypothetically my wife decides to file for divorce and scumbag divorce attorney says get him out of the house it will make our case for you getting the house stronger. She files a TRO. Police show up and take my collection. They aren't showing up with 150 Pelican Hard Cases. They are grabbing them by the arm full and putting them in their trunks. Then they bring them to county property room and throw them in the pile. 2 weeks later I get my day in court and restraining order is lifted. Judge gives her a stern warning about abusing the system. Judge recommends I stay out of the home til divorce is finalized. I then have to appeal to get my firearms back. Next judge says when the divorce is finalized I will rule on this. Months go by and divorce is finalized. This whole time though some other poor schmucks have gone through the same thing. Their firearms were thrown on top of mine. By the time I finally get them back I have dented, scratched, and cracked stocks. What can I do about it? Absolutely nothing unless I can prove gross negligence or intentional damage. Thankfully my firearms insurance covers this situation because it has become so common place, but I don't wish to test the coverage.


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33 minutes ago, 1LtCAP said:

so then you think they should also forfeit their drivers license, any/all sharp objects in their home, vehicles impounded(can't risk them driving on revoked, right?), and should not be allowed to rent any tools or equipment during the time of this restraining order?

Excellent points. It's outrageous how many gun owners on this forum disagree with me on this and don't want to protect their own rights. 

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43 minutes ago, slickskin said:

Excellent points. It's outrageous how many gun owners on this forum disagree with me on this and don't want to protect their own rights. 

Were you expecting everyone to be on the same page as yourself?

You'll notice that people have varying degrees of tolerance for "2A rights"; with some demanding absolutely no restrictions whatsoever and others believing that some level of vetting is prudent.

Most fall somewhere in-between an outright ban on all firearms over .22 and allowing for private ownership of ICBMs.

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7 minutes ago, RichP said:

Were you expecting everyone to be on the same page as yourself?

You'll notice that people have varying degrees of tolerance for "2A rights"; with some demanding absolutely no restrictions whatsoever and others believing that some level of vetting is prudent.

Most fall somewhere in-between an outright ban on all firearms over .22 and allowing for private ownership of ICBMs.

Yes that's where America is as a whole with most people falling somewhere in between but I would think people on this forum would lean more towards a right to own as opposed to saying if there is the slightest red flag that goes up like a restraining order from former partner, take everything away.

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Yes that's where America is as a whole with most people falling somewhere in between but I would think people on this forum would lean more towards a right to own as opposed to saying if there is the slightest red flag that goes up like a restraining order from former partner, take everything away.
Just another example of why this state is doomed to be Anti unless SCOTUS intervenes. Too many blame the tool.

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