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Firearms & Restraining Orders (in Oregon)

Discussion in 'Firearm Laws & Legal' started by Dyjital, May 29, 2015.

  1. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Update:
    The intent of this thread was to share the process of what happens with your firearm rights when a restraining order is placed against you. From date of being served through the process.

    This is NOT legal advice, your experience will differ/vary so please consult an attorney for specifics on your case.

    1: Any special permits pertaining to firearms are terminated at delivery of RO (CHL's etc)
    2: Firearm rights are NOT relinquished when the RO is filed (or when you are served)
    3: If you:
    • fight the RO and lose and/or
    • fail to respond within the 30 days and/or
    • fail to appear at your day in court then
    at that point you are required to remove access to firearms
    4: This is not taking into account SB525 and it's effect on RO's (with or without merit)- that is an entire different can of worms!
    5: Please keep in mind this is NOT to drum up sympathy, start a kickstarter, goFundme account, this is for information to help legal firearms owners navigate the RO process.


    My RO was dropped due to the petitioner's attorney seeing all of the evidence that was against the petitioner which showed there was NO way possible for any of the accusations to have happened. By the way, never delete text messages, facebook messages, online logs of travels or anything that possibly could remotely be used to back your side of a story.

    • RO was dropped on 7-13-2015 at 9:00 am (right before trial).
    • Paperwork was delivered to local Sheriff at 1:00 on 7-13-2015 to have CHL reinstated
    • CHL delivered via mail on 7-16-2015
    • Applied for transfer at the new County Sheriff's on Tuesday (7-21-2015)
    • Transferred license arrived on 7-24-2015
    All in all now that the process of everything is over and the state doesn't see me as a wacko it's nice to know how soon to expect things to turn around after you clear your name.

    I will keep this updated up to the point when CHL is reissued and in my hand. After that the process is and will be completed.

    +++++++++++++++++++++++++++++++++++++++++++++++++++


    Original Post Below:

    +++++++++++++++++++++++++++++++++++++++++++++++++++
    Edit 09-05-2015
    As a side note: Since I'm such an "evil" guy...o_O:eek:

    I was awarded sole temporary custody by the judge on September 4th 2015. I shall have this temporary custody until the trial that could be upwards of two years from now..

    Edit 06-15-2016
    Awarded full sole custody. No longer temporary, was made permanent now. Guess I'm still not the evil guy.
     
    Last edited: Nov 1, 2016
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  2. Sgt Nambu

    Sgt Nambu Oregon Bronze Supporter Bronze Supporter

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    That sucks hard, Dyjital!
     
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  3. DAPSRT

    DAPSRT Dallas, Or Active Member

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    941 likely has nothing to do with it at this point. Federal law prohibits possession of firearms if you have a restraining order issued against you. Quick glance and I didn't see anything about that in 941....although I hear they are trying to mirror federal statute at the state level for that kind of stuff.
     
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  4. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Edit:

    I Guess my concern was if/when SB525 kicks in these sorts of things will allow local confiscation of firearms.
     
    OLDNEWBIE likes this.
  5. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    Contact both Rep Rayfield and Sen Gelser with your story. Point out how the bills they have supported will have a measurable impact and cost on the law abiding while having little to no impact on those people at whom these bills and laws are purportedly aimed.
     
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  6. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Good idea, I'll see what course of action I should do on that after the discussion Monday.
     
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  7. Nightshade

    Nightshade vancouver,WA Well-Known Member

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    Sure sorry to hear this has happened, I hope it all works out for the best for you.
     
  8. No_Regerts

    No_Regerts United States Well-Known Member

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    This is exactly why "commitment issues" exist.
     
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  9. DAPSRT

    DAPSRT Dallas, Or Active Member

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    I would have that concern as well however I'm not sure we're going to see widespread enforcement of that.....some probably yes....PDX area and Eugene areas would be my bets for first ones to have a go at that.

    525 would open up some ability for that to happen however, your right to remain silent and right against unreasonable searches and seizures still exist!

    From what you're saying I would ask for your day in court to be able to defend yourself. Remember, the Judge only had the benefit of hearing one side of the story so far.
     
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  10. Just Jim

    Just Jim Well-Known Member

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    Sorry for your luck... Lots of people reading this will wonder if they want a committed relationship. Sad to say anyone you get close to can ruin your life now days and it makes me wonder if the laws were set up to ruin the family.

    Hate to say it but every time I look at a woman now I ask myself is she worth every thing I have put together in life.o_O
     
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  11. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Glad I dont keep all my firearms in one place. Man that really sucks.

    Is there any repercussions for folks who file idiotic restraining orders without just cause?

    Do they just hand them out like candy?
     
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  12. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    My understanding of SB525 is that the restriction only applies if there was a hearing in which you did, or could have attended.
     
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  13. Hayshaker

    Hayshaker Irrigon Active Member

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    :s0045:This reaq
    This could get real serious. As you never know who is p---ed 0ff at you.
    even after several years. Almost everyone has ticked some one off during their lifetime. My neighbor and I have had some words on occasion and she is a very paranoid person. Would she get a restraining order on me ~~ you bet she would. Except they have guns also.
     
  14. Just Jim

    Just Jim Well-Known Member

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    About the only way to avoid this stuff is to move to another state and start over. They can't say you are a threat if you don't live near them. Yes that is a fugged deal but what choice do you have?
     
  15. Lance Jacobs

    Lance Jacobs South Willamette Valley Oregon Well-Known Member

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    I've always believed that this law only applies to restraining orders by intimate partners. Are you claiming that a restraining order from just anyone can invoke this?

    Dyjital has stated that this woman lives 30 miles away, and that he is now married and has a wife.

    Can an ex-wife or ex-girlfriend still claim "intimate" status forever, even though a relationship no longer exists? If so, that would certainly seem wrong and unfair to me. That would mean that a vindictive ex could persecute a man forever.

    To the OP: You should ask your lawyer if she really still has "intimate" standing in the eyes of the law.

    You are going to need to get lots of character witnesses to help prove that you are not the person that you ex claims you to be. Make sure that your wife testifies on your behalf too.

    And most of all, don't get a wimp for a lawyer. In cases like this, a man needs a lawyer who will aggressively go all out in defending them.

    .
     
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  16. Lance Jacobs

    Lance Jacobs South Willamette Valley Oregon Well-Known Member

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    I do not believe that ownership is the issue under this law. It is possession. If you have access to firearms and have control over whatever location they are stored in, then that is a violation of the law. Whether the gun are in your name or in a trust is irrelevant.

    See my previous post, though. A key issue in your case is whether this woman has "intimate" status in the eyes of the law. If she does, then you could potentially be in trouble. But you would need a good lawyer to address that question.

    An innocent man should not have to flee to another state, in order to be able to escape on-going persecution from a crazy and vindictive ex. If she can get away with this now, then she could continue to do this to you forever.

    Best of luck to you in court. I sure hope that you have a good lawyer, one who is capable of handling a hostile and dirty case. You need someone who will aggressively stand up for you and show your ex to be the liar that she is. You definitely don't want a "nice guy" lawyer for a case of this nature.
    .
     
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  17. DAPSRT

    DAPSRT Dallas, Or Active Member

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    I stand corrected... I believe you are right. I am certainly not an expert but at the same time when these are issued it is normally an intimate partner under Family Abuse Protection Act and that criteria is met in the great majority of the orders i have seen.

    Check your specific order... If the judge signed off on firearm prohibition it means they found it likely that you fit the necessary criteria.
     
  18. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Your CHL is suspended, not revoked. Tear her apart in the courtroom. ;)
     
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  19. Lance Jacobs

    Lance Jacobs South Willamette Valley Oregon Well-Known Member

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    Well, in his original post, Dyjital reported this:

    "The last page of the restraining order claims that I may be restricted from possessing, buying, selling firearms or ammunition and that can be considered breaking my restraining order."

    That is something that he needs to discuss with his lawyer. It does not appear conclusive either way to me. Certainly does not sound like the judge made any kind of ruling on the matter.

    No doubt his ex would like nothing better than to have all of his guns and ammo confiscated. This is the loophole that exists in this law. It is like the law does not recognize that there are immoral and crazy women in our society who would jump at any opportunity to hurt an ex partner.

    Women can be incredibly vindictive, and hold a grudge against someone forever.

    .
     
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  20. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Thanks guys.

    At kids baseball game. When I get home I will respond to everything.
     
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