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Thread: Accused of DV and arrested

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    I know I'm new to the forum and wished I had found it before the incident transpired. Long story short, I was booked for DV and my firearm was confiscated. Before I get jumped on...NO, it was not related/part of/with in arms reach/in another room down stairs. As I was escorted to the police car, I see an officer with my firearm, that I keep for home protection, place it in the trunk of his vehicle. My question is what basis does the officer have for taking it? He does not even tell me about it taking it. He does ask for the combo to my safe to which I did not give.
    Last edited by Josey Wales; 10-06-2010 at 09:14 PM.

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    Regular Member Mike Hunt's Avatar
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    Sorry to hear. Hope it's not true. Were you charged? Convicted? Restraining order?

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    Charged-Yes. Felony dropped to Misdemeanor. Convicted-No(technically) Divergence program. Could have taken the trial route and prevailed buttook the high road. Protective order by court. Still have question as to why my registered property was taken without my consent.

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    Under Family Code:

    6389. (a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm while that protective order is in effect. Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to subdivision (g) of Section 12021 of the Penal Code.



    There are other subparagraphs of 6389 you might want to read.
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    Regular Member demnogis's Avatar
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    Josey, for issues like that, if you are in CA, I would suggest going to calguns.net and seeking help there in the 2A forum.
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    Acutelyaware of the ramification's regarding the P.O. My concern is with the seizure of property prior to justification of charges.

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    As a side note...this was pursued in criminal court not family court. Also, said safe mentioned, was transfered to a person with a FFl.

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    Regular Member Mike Hunt's Avatar
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    Those @#$%ing protective orders are waaaay too easy to get these days. I think in most cases they do more harm than good.

    Will the divergence still count as misdemeanor DV as far as firearms prohibition? In other words, once the protective order expires will you be allowed to posess guns again?

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    Mike,

    Myunderstanding per my attorney, there will be no DV conviction and P.O. will be dealt with when the divergence program is complete.

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    Josey. A similar incident happened to me about two years ago. The police took my firearms out of my locked safe which my wife opened it for them. We have since have discussed this matter if an event like that was to happen again a warrant better be served with a JUDGES signiture on it. I was not charged with anything. I tried to get them back, but was told that the DA had up to a year to file charges. So I waited until the year was over and got my releases from DOJ and presented the paperwork to the LEO's. They tried to BS me, so I called the city attorney office and stated my case and that I was going to file a civil suit if they were returned. Low and behold I received a letter telling me to come and retrieve my firearms from the LEO's. All I can say is keep up the fight if your right!!!

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    I'm suprised the open carry experts haven't chimed in yet. Try reading 12028.5 PC subsection whatever. I asked a cop, guess he knew what he was talking about.

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    demnogis wrote:
    Josey, for issues like that, if you are in CA, I would suggest going to calguns.net and seeking help there in the 2A forum.
    Thanks for the tip. Posted there last night and received great info. Contacted my attorney this morning to review the police report and the documentation of my firearm.

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    It is my understanding that there was/is a bill to try to make it legal for them to confiscate all firearms from your home/possession at the time of a DV arrest, but to my knowledge that never passed. (Sorry for lack of citations, I'm on my way out the door.)

    Talk to someone over at the CalGuns Foundation before you spend another dime having your current attorney do anything related to your case. We've seen it here before... a CGF phone call getting the job done over several billed hours by a non-specialist attorney.
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    CA_Libertarian wrote:
    It is my understanding that there was/is a bill to try to make it legal for them to confiscate all firearms from your home/possession at the time of a DV arrest, but to my knowledge that never passed. (Sorry for lack of citations, I'm on my way out the door.)

    Talk to someone over at the CalGuns Foundation before you spend another dime having your current attorney do anything related to your case. We've seen it here before... a CGF phone call getting the job done over several billed hours by a non-specialist attorney.
    Fortunately, this rest of them were in my safe, which is now at a undisclosed location. Spoke with Joe Silvoso from CGF and he gave me excellent advice.

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    Sounds like a good reason for his & hers safes.

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    They would have to redefine the community property laws here.

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    Regular Member Gundude's Avatar
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    Did they take all the knives too?
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Campaign Veteran marshaul's Avatar
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    Gundude wrote:
    Did they take all the knives too?
    Surely they chopped off your hands as well?

    I mean, why do a job only partway?

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    Gundude wrote:
    Did they take all the knives too?
    Negative, Gundude. Knives were in the safe. (At least the GOOD ones).:celebrate

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    Campaign Veteran marshaul's Avatar
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    What about your bodily arms? Surely they didn't leave you with those, capable of committing DV another day!

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    marshaul wrote:
    What about your bodily arms? Surely they didn't leave you with those, capable of committing DV another day!
    I was allowed the retain them so as long as I did not use the in a dangerous manner.

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    Campaign Veteran marshaul's Avatar
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    Indeed.

    And, yet, while you were necessarily left with your bodily deadly weapons, you were deprived of those weapons which are most ideally suited to self-defense.

    Seems kind of pointless. I'm sure lots of DV victims are saved that way. :quirky

    Too much focus on guns, dontcha think?

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    New guy here, first post... So yeah, hi all.

    Not a thread jack, but about two years ago I was the VICTIM in a domestic violence situation (psycho ex-wife don't ya know (I'll spare you the details)).

    Long story short, SHE was the one hauled off in cuffs and charged with the DV and yet MY handguns were confiscated. Not only that but once we got through the court proceedings I had to pay for (what I'm assuming was) a NICS check before I could get them back.

    Had I known then I what I know now, I might have lied to Officer Friendly when he asked if there were any firearms in the home. Talk about a kick in the pants.




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    Horoscope Fish wrote:
    New guy here, first post... So yeah, hi all.
    Long story short, SHE was the one hauled off in cuffs and charged with the DV and yet MY handguns were confiscated. Not only that but once we got through the court proceedings I had to pay for (what I'm assuming was) a NICS check before I could get them back.


    Welcome to the forum!

    What reason did they give for the confiscation? Did they write a receipt for the firearms? Did you use the DOJ form to have yourweapons released? How long did it take to take possession of said firearms? What section of the state are you from?

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    Josey Wales wrote:
    Welcome to the forum!

    What reason did they give for the confiscation? Did they write a receipt for the firearms? Did you use the DOJ form to have yourweapons released? How long did it take to take possession of said firearms? What section of the state are you from?
    Thank you.

    Bear in mind this was some time ago, but to paraphrase Officer Friendly… In the case of a DV all firearms have to be removed from the premises. Period. I was not given any further explanation. I was only provided with a "receipt" in the broadest sense of the word, and only after I politely demanded one. I was in pretty rough shape and frankly, not as mentally sharp (lol) as I usually am.

    At any rate, said officer scratched out something to the effect of a Bill of Sale using a page from the little spiral-bound notebook he took from his shirt pocket; there was nothing even remotely "official" used. I got names, the date, serial numbers and make/model numbers recorded on what amounted to a scrap of paper and remember having a deeply sinking feeling in my gut as he walked away with every pistol I own dangling from his fingers (which were inserted into the trigger-guards). I even remember offering to allow him to use soft-cases because they were banging against one another. I still cringe at the thought of that sight…

    It was roughly three months before I was able to take possession of my property again. I was informed by mail that I could pick up my pistols from the local Police Station. When I arrived to claim my pistols I was told that due to a recent change in the law, effective January 1st, I would have to "apply" (their word) to take possession of my firearms. This meant a NICS check from what I could tell. I can't say with absolute certainty that it was the same DoJ form used for a new firearms purchase, but I’m 99% sure it was.

    More to the point, the real issue quickly became that while the crime had taken place in November - hence prior to this new law taking effect - my pick-up letter was dated sometime mid-February and so after the new law had taken effect. This confusion took some days to figure out and it was decided that the forms would be required. With that cleared up I was told that each form was good for up to two firearms, so I had to fill out two forms AND pay two fees. I can’t recall if it was another ten-days after that that I was allowed to take physical custody of my property or not but I believe it was.

    I live in northern San Diego county.



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