TRO and CCW, am I screwed?

[Deleted member 11316]

Hello I had a false TRO get dismissed with prejudice recently and my spot in line for LAPD CCW was called so they’re asking me to submit application and live scan.

From what I understand I am prohibited from CCW for sheer fact of a TRO being filed, despite what was determined to be the outcome.

The law states it’s up to the issuing authority’s discretion.

My CLETS is clear. I would intend on disclosing the TRO and explaining myself.

Clean record otherwise, active volunteer at a homeless mission, character witnesses, etc

Any chance I get approved?

 

[raellic]

You cannot own or possess a firearm while a TRO is in effect. If it gets dismissed before a hearing, there is no longer any prohibition. But the issuing authority can certainly consider the underlying conduct, as well as whether you complied with the firearm relinquishment rules during the TRO. By way of reference, I had a crazy ex who sued me with a frivolous DV filing, and the TRO was denied and the case was dismissed without a hearing. It was certainly reviewed by the agency before granting my CCW. So yes, you can get approved in this scenario, but thank your lucky stars either way.

 

[NorCalBusa]

You cannot own or possess a firearm while a TRO is in effect. If it gets dismissed before a hearing, there is no longer any prohibition. But the issuing authority can certainly consider the underlying conduct, as well as whether you complied with the firearm relinquishment rules during the TRO. By way of reference, I had a crazy ex who sued me with a frivolous DV filing, and the TRO was denied and the case was dismissed without a hearing. It was certainly reviewed by the agency before granting my CCW. So yes, you can get approved in this scenario, but thank your lucky stars either way.

Gladly I am not familiar with a TRO. Do TRO's specify various prohibitions (firearms, where one can go/not, contact with specific people and methods, etc.) or does "any" TRO come with standard restrictions? If standard restrictions, can more be added to a TRO at the discretion of the person asking & the judge?

 

[raellic]

Gladly I am not familiar with a TRO. Do TRO's specify various prohibitions (firearms, where one can go/not, contact with specific people and methods, etc.) or does "any" TRO come with standard restrictions? If standard restrictions, can more be added to a TRO at the discretion of the person asking & the judge?

Here is the form: https://courts.ca.gov/sites/default/files/courts/default/2024-11/dv110.pdf

The judge checks off the boxes and some cannot be un-checked. The order is entered into CLETS/CARPOS, and the police have access to it through their systems. If you're in there and have a gun (or body armor), you get arrested, period.

 

[Deleted member 11316]

You cannot own or possess a firearm while a TRO is in effect. If it gets dismissed before a hearing, there is no longer any prohibition. But the issuing authority can certainly consider the underlying conduct, as well as whether you complied with the firearm relinquishment rules during the TRO. By way of reference, I had a crazy ex who sued me with a frivolous DV filing, and the TRO was denied and the case was dismissed without a hearing. It was certainly reviewed by the agency before granting my CCW. So yes, you can get approved in this scenario, but thank your lucky stars either way.

My situation is very similar. A crazy ex. It was a “revenge” TRO. I complied fully and surrendered my firearms, hired a lawyer, and reached a settlement that resulted in having the order dismissed with prejudice, with no admission of guilt.

My worry is the very nature of this happening is cause for “good moral character” to be questioned.

It’s reassuring to hear this happened to you and you were able to get your CCW. I’m sorry that happened by the way, a horrible experience for anyone to deal with.

I will move forward with my application. Candor and truth should let the right things happen.