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Discussion Starter #1
So I was closing up the shop the other tonight when a couple LEOs came by to serve me with some papers. Long story short, I got a restraining order against my exgirlfriend and a couple of her male friends (more for their protection than mine, if you catch my drift) and she returned one on me... guess it's just the thing to do.

Upon serving the papers the LEO stated that he knew I carried a firearm and he'd need to confiscate my weapon. He went into this whole bit about how I'm breaking the law because I'm under 21 and I can't legally carry or even own a firearm.

"I'm sorry sir but I am 20 and have the legal right to own and open carry a firearm in the state of arizona," I replied.

This sparked about a 10 minute argument into the legality of my owning a firearm. Not only did he pat me down in front of my customers... but also told me I had beautiful eyes (while verifying info such as hair and eye color)!!!

Cocky, disrespectful, little son of a ... wouldn't give me his badge number or name of his supervisor when I asked for the info. Luckily, his partner was required to write his badge number under "Served by" on the order. Luckily, I've known our new city manager since I was 16... I will be filing a report in person.
 

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Refusal to give his ID? That can't be good for him. It certainly doesn't sound like two officers simply doing their jobs. I'd say a written complaint is in the 'wings', and your attorney should deliver it.:yup:
 

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Not only did he pat me down in front of my customers... but also told me I had beautiful eyes (while verifying info such as hair and eye color)!!!
Was he looking for a date?

I hope you have some traction with Mr. Cavazos... better him than that idiot mayor, Phil Gordon.
 

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Why do I have a feeling this isn't going to end good. Like, maybe someone wearing pink underwear at Arapio's hotel?

At least for now, put the guns away. And don't count on help from city big shots unless they are your dad or your uncle.

Somewhere in the back of my head the idea is spinning that in some jurisdictions you can't keep firearms once served with a restraining order. Is that true in Phoenix? In AZ? Just asking. I could be wrong. Someone who knows will chime in I'm sure. I just don't want you to get in trouble beyond what is already happening.
 

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I got a restraining order against my exgirlfriend and a couple of her male friends ...

Upon serving the papers the LEO stated that he knew I carried a firearm and he'd need to confiscate my weapon.
Interesting. You get a restraining order against someone, and then the State deems you're unworthy of having your defensive weapons. Hell, filing a restraining order should be fair evidence of the likely need for the things ... and the State confiscates them. This isn't a government operation, is it?? :tired:

I fully appreciate the "return-favor" order existed. Likely, the OP is deemed "a threat" and therefore proven unworthy ... all before conviction of anything, all because of claims, in spite of having the need and proving it. Government logic and stupidity should be the first thing we learn in school, 'cause it certainly is one of more common and important things we have to deal with in our lives, at least today. One step forward, twelve steps back.
 

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Discussion Starter #6
Somewhere in the back of my head the idea is spinning that in some jurisdictions you can't keep firearms once served with a restraining order. Is that true in Phoenix? In AZ?
All the restraining order says is that I can't "purchase" while the order is in effect, which is a year.:aargh4: But I'm contesting it... which won't be hard. Her reasons for "needing" it where: " abuse cats and children." :rofl: I'm NEVER in contact with children of any kind and as far as abusing cats... why would she have left them at my house for 3 months after moving out if she had witnessed me abusing them?

I didn't have my firearm on me at the time and I certainly was not about to point them in its direction.. so they weren't able to confiscate it.... which I'm sure would have just ended in a big fat apology anyway.

I've got some weight with public officials in my area.. not that i'm crazy important.. just heavily involved. The worst that could happen is that nothing happens. Either way I'll be filing a full report. I've got a meeting with David Cavazos and our Community Action Officers next week regarding a community garden deal with Clear Channel... so I'll get their take on it then and let you know what I find out.
 

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Good luck next week; hopefully it'll work out in your favor.
 

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Keep us informed.

Restraining orders are a BIG problem in many States.

Here in Virginia:

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.

It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; or (iv) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), or (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.
Do you have/can you site the applicable law for the State of Arizona?
 

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Correct me if I'm wrong, but aren't LEOs required by law to identify themselves fully? Refusing to tell you who he is or provide you his identification can't be legal.
 

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Yeah I would definitely find out the name and badge number of the officer who refused. That is simply unprofessional.

I would also look up the ARS statute on carrying while under a Order of Protection. As far as ownership by AZ law I know that you cannot buy from an FFL (USC 18 something or other, 922 I think but don't quote me on that) but there is nothing in AZ law that prohibits someone 18 or older from owning or OC. That would be unless having the OOP against you bars carry.

Again, check the ARS on that one...I don't recall anything in ARS 13-3102 on that, but I could be wrong so check it. I know there is a list of prohibited possessors in ARS 13-3101...this is the part about it in the statute:
7. "Prohibited possessor" means any person:

(a) Who has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.

(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.

(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v) Persons who have received a waiver from the United States attorney general.
Be safe.

Let us know what happens.
 

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Sometimes things like that happen when you get disintrested parties involved to play the "lets's trade restraining orders" game.

I'm best guessing that you cannot do the firearm thing when there is a valid restraining order out on you.
 

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Right QKS.........And I would not doubt that a little birdie wispered as much in her ear at some point.......
 

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I bet he would have given you his phone number. It's very unprofessional not to identify yourself to a citizen upon request. Who pays his check? If you are truely a friend of the city manager, this will incident will be swiftly handled with a nice kick in the ass by the chief. There are not very many people I'm afraid of at my job, but two of them are the city manager and the assistant city manager!
 

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Discussion Starter #16
Alright so I found this:

"Title 18 U.S.C. §§ 922(d)(8) and (g)(8) concern the prohibition against disposal of firearms to, or receipt or possession of firearms by, persons who are subject to domestic violence protection orders. Section 922(d)(8) prohibits the knowing transfer of a firearm to a person who is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, and section 922(g)(8) prohibits the receipt or possession of a firearm or ammunition by such a person.

There are several key evidentiary issues which can arise in these cases. A violation of § 922(d)(8) must be "knowing." Proof concerning knowledge of the restraining order on the part of the supplier must be established. The term "intimate partner" is defined as including a spouse or former spouse, or a person with whom the victim has had a child, but it does not include a girlfriend or boyfriend with whom the defendant has not resided."


I think I may still have the right to posses my firearm....? One way or another her order against me will be quashed.
 

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As far as the officer goes:

I gave him the whole bit about how my taxes paid for that badge he's wearing and he actually had the nerve to suggest that I don't pay enough taxes to really matter!!! This guy looked fresh out of the academy... mid-20s. I really don't think he liked being put in his place by someone like me.

The fact is, there are cocky ******** in all walks of life. it's just unfortunate that the city handed this one a gun and a badge. I've never had an issue with an LEO before this.
 

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Correct me if I'm wrong, but aren't LEOs required by law to identify themselves fully? Refusing to tell you who he is or provide you his identification can't be legal.
You are wrong and now you have been corrected.

Most of the time I simply give the person my business card and chuckle to myself when they ask for my "badge number" That simply tells me they have been watching to much TV.

Anyway, that is no matter for the thread. The entire situation sounds a bit juvenile to me.
 

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You are wrong and now you have been corrected.

Most of the time I simply give the person my business card and chuckle to myself when they ask for my "badge number" That simply tells me they have been watching to much TV.

Anyway, that is no matter for the thread. The entire situation sounds a bit juvenile to me.
Sixto -- I agree that the situation described here sounds juvenile.

To Identification, doesn't that depend a lot on jurisdiction? I found that Massachusetts requires officers to identify as does New York City. Here's an article from an AP article about Ohio:
Ohio Cities, Newspapers Argue Over Release of Police Photos
While the article is really about something else (newspapers being able to publish photos of uniformed officers), there is this quote from a Judge:
Justice Maureen O'Connor pointed out on Tuesday that police officers are required to identify themselves in many ways, from wearing a uniform to providing their names and badge numbers upon request.
Hoss
 
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