Owning a Firearm After Temporary Surrender

My question involves criminal law for the state of: CA

Wondering if anyone has any info on TRO and temporary firearm surrenders. I read somewhere that it is actually a crime to try to buy a gun while you have a firearm surrender. Also I want to ask if anyone knows how to go about checking on my rights to own a firearm. I called my local pd and they couldn't answer that ?

First off, is there an active TRO/CHO/CPO against you?

Also, have you been convicted of any crime? If so, what offense (code section)?

Misdemeanor 417a and no current TRO or anything

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Quoting Milton dew

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Misdemeanor 417a and no current TRO or anything

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So, why did you have to surrender the firearms? Did you have a TRO? Were they seized as evidence?

A conviction for a misdemeanor brandishing offense per PC 417 has a 10-year firearms prohibition.

Check here for information on your situation (whatever it is):

http://oag.ca.gov/firearms/pfecfaqs

417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.


and

http://oag.ca.gov/sites/all/files/ag...ibcatmisd.pdf? or
http://oag.ca.gov/sites/all/files/ag...hibcatmisd.pdf


Of course the 10 yr prohibition may be seen as being unconstitutional ~ there has been recent case law created regarding this type of policy.

I suggest you seek a lawyer's review of your circumstances.

CA writes a lot of goofy laws -- most will be struck down in time.

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Quoting Jack Jackson

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Of course the 10 yr prohibition may be seen as being unconstitutional ~ there has been recent case law created regarding this type of policy.

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Sure ... if the OP has a few years and tens of thousands of dollars to spend enriching attorneys to combat restrictions that have, thus far, withstood scrutiny for a couple of decades he can certainly pay the money and roll the dice.

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CA writes a lot of goofy laws -- most will be struck down in time.

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This one has been on the books for a very long time ... not struck down, yet.

Oh, and it's not so goofy when you consider other states have similar laws in place.

There are ways to get these rights restored, and for that he'll need to see an attorney who specializes in firearms related law.

There was a TRO and they i personally surrendered them without being asked to. But I was convicted of the 417a which is brandishing a weapon not a firearm and I was only sentenced to 20 days house arrest.

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One more question, if I wanted to get the background check done by going into the gun store and having them run their check before selling me the gun, would that be the same as checking with the DOJ, just a lot faster?

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Quoting Milton dew

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There was a TRO and they i personally surrendered them without being asked to. But I was convicted of the 417a which is brandishing a weapon not a firearm and I was only sentenced to 20 days house arrest.

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One more question, if I wanted to get the background check done by going into the gun store and having them run their check before selling me the gun, would that be the same as checking with the DOJ, just a lot faster?

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It would not be the same because you would still have to get the notice of the clearance from the DOJ to retrieve any seized weapons.

But, since you were convicted of PC 417 (even if not with a firearm) that is a 10 year prohibition, regardless.

My final question, I'm not breaking any laws by trying to buy a gun correct?

If you are a prohibited person, you can be charged with a crime both under state and federal law for attempting to buy a firearm.