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Thread: Open carry and restrianing orders

  1. #1
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    Im new here but have been lurking for a while. I usually open carry on the weekends only because I travel alot in the bay area and I am always near schools for work.

    My close friend and I got into an argument about the laws. He has a restraining order against him, by his ex wife(nasty divorce). He was telling me he could be arrested for violating the order if Im around and open carrying. Because its states he cannot own or have access to a firearm.

    Anyone have info about this. Just so I can clear things up with him and not have to forgo my rights thanks to his ex wife.

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    I think this page covers this topic pretty well, specifically the 6389 section:

    http://www.ag.ca.gov/firearms/dwcl/6211.php

    The only place that page uses the word "access" is in subsection l (as in lima):

    (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.
    All the other wordings talk about the person with a restraining order trying to buy or obtain a firearm in some manner. It would seem to me that according to this section you could even take your friend to a shooting range and he wouldn't be in violation of the law. Just don't give him the firearm and he'd be okay.

    Besides, it isn't like he couldn't be arrested because a police officer with a gun wouldn't be allowed to approach him, lest he get control of the police officer's sidearm. "Stay away! I have a restraining order against me!"

  3. #3
    State Researcher
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    Since your friend is the making the assertion, it is his responsibility to prove it... not ours to refute it. Refuting such baseless arguments is time-consuming and sometimes impossible.

    The only analogy I can think of is the statute criminalizing "criminal storage" of a firearm. The statute makes it a crime if a minor gains access to your firearm, and then takes that firearm into a public place, or uses it in a crime. The statute specifically states that a firearm under your immediate control is not criminally "stored".

    If your friend can't be reasoned with, just tell him to contact his attorney and get direct legal advice.

    Hope this helps.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
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    Don't Tread On Me.

  4. #4
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    I told him it wasnt a big deal. but he kept insisting that he could go to jail. I told him only if someone calls the cops. And even then its highly unlikely that he would be detained. I told him the police would be more interested in me for open carrying.

  5. #5
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    RaycerX96 wrote:
    I told him it wasnt a big deal. but he kept insisting that he could go to jail. I told him only if someone calls the cops. And even then its highly unlikely that he would be detained. I told him the police would be more interested in me for open carrying.
    Tell your friend to quit being a pansy and just not carry ID. No ID, no problems.

  6. #6
    Regular Member stuckinchico's Avatar
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    Tell your friend to stop being a pansy US Supreme court has ruled many times about possession or in control of a firearm if it is in someone elses holster, he doesnt or cannot legally be considered to be in possession or control

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