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In reply to the discussion: Gov. Jerry Brown signs California gun restriction [View all]Big_Mike
(509 posts)that are not backed up by facts. Forex, my neighbor's ex claimed that he molested his 13 y.o. daughter. He was shattered. Then, he found out that the ex made the same claim against her first husband, and the by now adult daughter signed an affidavit that the alleged contact never occurred.
My cousin has a FFL and sells weapons for his living. His wife alleged domestic abuse and he was automatically placed on a TRO against all the weapons he had for sale (over $95K of inventory). All his weapons were impounded, and he went out of business. His children testified in court (eight months later) that their mother had told them what to say to the police, and that after the police went away, everything would return to "normal."
So long as the court proceedings are like traffic court, where the individuals do not need lawyers, and the judge helps with points of law, I don't see a real problem with this procedure. But taking the weapon cannot be based on he said/she said by anyone. There must be some kind of witnessed threat (I know, this can be abused, but a witness defines a credible threat) before ownership privileges are revoked. There should also be a maximum amount of time (1-2 business days) between when a court restores the rights and the weapons are returned to the owner, since after all, if they are revoked, the weapons are taken immediately.