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  1. #1
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    Nov 2015
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    Default Can You Buy a Firearm With an Active TRO Against You

    My question involves restraining orders in the State of: CALIF

    if you have a TRO active, can the individual who has the order placed against him own a firearm? Or have a firearm in his possession specifically during hunting season?

  2. #2
    Join Date
    Sep 2018
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    Ohio
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    Default Re: Tro and Firearms

    Does the TRO indicate so?

  3. #3
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    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
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    My question involves restraining orders in the State of: CALIF

    if you have a TRO active, can the individual who has the order placed against him own a firearm? Or have a firearm in his possession specifically during hunting season?
    No. Per state and federal law, such a person is prohibited from owning or possessing firearms in CA. The exception will be black powder firearms.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Ohio
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    Default Re: Tro and Firearms

    What's a black powder firearm, know very little about guns.

  5. #5
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    California
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    Default Re: Tro and Firearms

    Quote Quoting RJR
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    What's a black powder firearm, know very little about guns.
    Think muzzle loader - a musket, a cap and ball pistol, etc.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
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    Default Re: Tro and Firearms

    if the TRO is removed, will the restriction to own and possess a firearm also be nil? or does that continue?

  7. #7
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    California
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    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
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    if the TRO is removed, will the restriction to own and possess a firearm also be nil? or does that continue?
    As long as there is not another prohibition such as a conviction for DV or certain misdemeanors and most any felony, the prohibition should be void when the TRO goes away. Though, there will be hoops to jump through with the CA DOJ before a previously prohibited person can reclaim their firearms.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Nov 2015
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    22

    Default Re: Tro and Firearms

    is the restraining order put in the system, such that any law enforcement in calif, can pull up the order, after entering the individual's name? or is just restricted to the county where the order was filed? i.e., not statewide?

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    20,287

    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
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    is the restraining order put in the system, such that any law enforcement in calif, can pull up the order, after entering the individual's name? or is just restricted to the county where the order was filed? i.e., not statewide?
    The database (formerly known as DVROS) is nationwide.

    Quote Quoting pg1067
    View Post
    "TRO" is an acronym. It stands for "temporary restraining order." A TRO is an order that prohibits a person or entity from doing something (and may also direct the person/entity to do something). A TRO may direct Person X to stay at least 500 feet away from Person Y. It may also prohibit Person X from owning or possessing a firearm. A TRO might prohibit Person X from making certain statements or from soliciting clients of Person Y.

    In other words, TROs come in all shapes and sizes, so the answer to your question is that it depends on what the TRO says.



    Hold on a second. The laws to which you refer apply to a very specific type of restraining order, and the OP did not specify any particular type of TRO.
    Most CA TROs are DV TROs. Civil Harassment Orders and Criminal Protective Orders also exist, but those also typically have firearm restrictions as well. It has been years since I have seen any of these orders NOT include a firearm prohibition. So, while it is possible that there is no firearm prohibition, experience tells me that this is not going to be the case unless the order was a CHO issued because of annoying phone calls and he lives far from the victim. Best to err on the side of caution and NOT be anywhere NEAR a firearm.

    The PERMANENT order may modify the conditions of a CHO or non-DV TRO, but, a TRO received ex parte almost always (ALWAYS, in my experience) has a firearm prohibition. CA errs on the side of caution and tends to take any opportunity to separate someone from their firearms.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Jul 2018
    Posts
    1,177

    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
    View Post
    if you have a TRO active, can the individual who has the order placed against him own a firearm? Or have a firearm in his possession specifically during hunting season?
    "TRO" is an acronym. It stands for "temporary restraining order." A TRO is an order that prohibits a person or entity from doing something (and may also direct the person/entity to do something). A TRO may direct Person X to stay at least 500 feet away from Person Y. It may also prohibit Person X from owning or possessing a firearm. A TRO might prohibit Person X from making certain statements or from soliciting clients of Person Y.

    In other words, TROs come in all shapes and sizes, so the answer to your question is that it depends on what the TRO says.

    Quote Quoting cdwjava
    View Post
    No. Per state and federal law, such a person is prohibited from owning or possessing firearms in CA. The exception will be black powder firearms.
    Hold on a second. The laws to which you refer apply to a very specific type of restraining order, and the OP did not specify any particular type of TRO.

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