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Accused of DV and arrested

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
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:

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

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.
 

Sons of Liberty

Anti-Saldana Freedom Fighter
Joined
Mar 7, 2009
Messages
638
Location
Riverside, California, USA
imported post

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.
 

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

Acutelyaware of the ramification's regarding the P.O. My concern is with the seizure of property prior to justification of charges.
 

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

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.
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
imported post

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?
 

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

Mike,

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

L in Oakland

Regular Member
Joined
Nov 20, 2009
Messages
18
Location
Oakland & Modesto, CA, ,
imported post

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!!!
 

bogeyx5

Regular Member
Joined
Feb 9, 2010
Messages
10
Location
Bay Area, , USA
imported post

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.
 

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

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.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

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.
 

Josey Wales

Regular Member
Joined
Mar 4, 2010
Messages
39
Location
, California, USA
imported post

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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