[Cal4D4]

Spent the last 2 weeks dealing with a "bipolar" schitzo who likes to quit his meds and smoke meth. Quite an experience. In the last 2 weeks he has been in jail 5 days and psych hospital as a 5150 psych hold (72 hours). Has threatened half a dozen female tenants, loudly cursed a dozen male tenants and ADW with a crowbar his immediate neighbor. Police out almost daily and 4 sergeants have had to listen to me trying to get legal action from them in 4 consecutive incidents/days. New Chief in town, sergeants mum on his position on CCW. Last sergeant involved (on the ADW) said this man is quite capable of killing. This last was Sunday morning about 8 a.m.

[Skunkabilly]

What city are you in?

[Cal4D4]

Redondo Beach

[Jim March]

Get ALL the police reports, ASAP, then file a restraining order. That'll get the A-hole kicked outta there, and it'll get you "partial CCW" in that by law, an RO is an "affirmative defense" against charges of illegally packin'.

What that means is, you can still be busted, BUT the fact that you have an RO is a defense you can use in front of the jury, and the court can't keep you from making the claim. It will also be explained to the jury that if they "buy into" your fears regarding this loony, they can let you go scott free - it basically "legalizes jury nullification".

Most DAs won't prosecute.

However, just in case, make sure you carry a handgun that's registered to you (read: bought through a gun dealer and in the California database). So long as THAT sort of thing is what you're packin' (versus an off-paper gun, a gun somebody else owns or a stolen gun), and you have no serious priors, it's a misdemeanor on the first bust versus felony. Under those circumstances, with an RO involved, most DAs won't even try and prosecute.

This can all be done FAST. A lot faster than scoring CCW under even the most friendly police chief, which is probably not what you have.

Once you have the RO, make an appointment to see the chief personally, and ask him about CCW. Explain that you are aware of the affirmative defense rules regarding the RO which you already have. DON'T go in to the meeting with him packin', but do explain you're going to pack regardless, the only issue will be "will there be a huge court fight over this if you're busted".

[Cal4D4]

With you step by step, Jim. Only thing I don't know is exact route to RO. Legalman isn't as aggressive as I would like, either. RO into the Chief is brilliant. My RO isn't gonna be lonely. His sister already has one against him, the threatened neighbor is getting one, also. Mine may keep him off property. We've been watching him since 7-10 or so. This is the most threatening he has been. What was that joke about coke (or meth) intensifying one's personality?:D

[Jim March]

Any paralegal will know how to do all the paperwork on an RO. So will battered women's shelters, if you can find a phone number for same. Ditto most process servers - my kid brother helped several people through the process. I wish I lived closer, I think I remember enough about the forms to cope.

If you go to the clerk of the county Superior Court, at any branch, they can hand you a complete packet of forms for the whole process upon being asked - it's NOT DIFFICULT to deal with these forms, the costs are very low, and with the documentation YOU'VE got, getting one will be a dead certainty.

No lawyer is necessary.

What else...if all your handguns are "off paper", there's a form downloadable from the Cal-DOJ that will allow you to voluntarily "put one (or more) on the record". The only thing this does for you is turn the illegal packin' bust into a misdemeanor instead of a felony. If you have more questions about that, hit me up in private.

If you have a gun bought through an FFL, good, but it's still barely possible it wasn't properly tracked in the state database. Solutions: if you have the reciept from an FFL, that's proof it was papered by you. Failing that, if you know which dealer sold you the gun, and he's still in biz, if a question ever came up the prosecution can query the dealer's records. IF he's out of biz, the ATF's records could be queried but that's a crapshoot. OR, you could use the DOJ "voluntary registration form" to make absolutely sure it's in their records, and if it's a repeat, no big deal (no penalty for you).

[Cal4D4]

Think I'm pretty well covered on the gun paper trail. Most likely candidates were recent and thru local range owned decades by local policeman. They also teach to pretty much any level of pistolcraft. People who know and are known. RO very important. Wish atty, Sgts at PD, etc would have stressed benefits of RO, would have saved much wasted angst directed at hogtied PD. Situation had to evolve a bit anyway. Always at least some semi serious steel available - Benchmade Griptillion Axis lock has the best handle of any shiv class blade I know of. Start chasing RO along with 2-3 tenants early Monday. Have the stamp of approval from ranking Sgt. What could possibly go wrong?:uhoh:

[Abenaki]

Your county should have a victims advocate group.
Your county court house, or local Police dept.,or shelter for batterd women will know how to get in contact with the Victims advocates

My wife is a Victims Advocate
Remember this....There is a box on the application for the RO that you can mark , that can make the defendent responsible for the fees for the RO.

Abenaki

[einstein]

Thanks,

einstein

[Kevlarman]

Restraining order.

[Ex-Doc]

Redondo Beach? Drop the guy off in Hawthorne and let him talk BS to those locals.

[Cal4D4]

Ex-Doc

Thru a friend, Hawthorne PD already expressed similar feelings. There is a real rash of South Bay locals not taking their meds and raging around. Scanner traffic turns up one or two per night easily. Summer frolic I guess. PD limited unless certain qualifying events take place. I am learning what these are. Words and nuisance actions rate low; assault involving any weapon is a real attention getter. Psychiatric doctors are easily finessed by schitzos. Stay on the meds thru the 72 hour hold and you are releasable. Time and time again.

[clubsoda22]

i'd apply for a CCW anyway. If you get it, good, if you don't, then at least you made a good faith effort to obtain one before packing illegally. with both that and the RO you should be relatively safe.

[Jim March]

He can get the RO *fast* - as soon as three days if he hustles.

The moment he's got it, he's "sorta got CCW" as described.

THEN, his first step in applying for CCW should be an appeal straight to the Chief of Police of his town; sit down with him, talk out the situation, show him the RO, show him the documentation *behind* the RO. If he's still not going to give you CCW at that point, he's crazy.

[Cal4D4]

Jim...

RO in one day if you hustle. Served in custody by 3p.m. courtesy of local sheriff station at Torrance court house. Free of charge. Just gotta get the judge to understand the need. Local head Sgt stating that the defendant was extremely dangerous and quite capable of killing seemed to sway him a bit.

[Jim March]

Right.

The point is, he can score the RO *very* fast, way faster than a CCW. It's not worth the "quicker" CCW application to do that before the RO.

Look, with smaller towns and police chiefs, the people who I've talked to who've scored under those circumstances have generally made personal contact with the chief before even submitting the app. It's...well, basically, a form of "ego stroke" for the chief. Sorta...hmmm...like the visit to the mafia don, to pay your respects and make a personal appeal :rolleyes:. It's not wrong on your part to try that, unless you offer a bribe (NOT recommended!).

The point is, if you're going to do that, do it with the RO in hand - WHEN you have a truly credible reason to score the RO, as in this case.