Lawsuit Challenges California’s Insane Restraining Order Firearms Prohibition

Second Amendment Law Center, California Rifle & Pistol Association, Announce Support Of Lawsuit Challenging Restraining Order Firearm Prohibition.

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New Lawsuit Challenges California’s Insane Restraining Order Firearms Prohibition

California – -(AmmoLand.com)- Imagine living in the same house with your spouse for over 50 years. Your front lawn has a sapling that, over the course of time, has grown into a beautiful tall tree.

But the neighbor next door who moved in just a few years ago doesn’t like the tree, so she conspires to falsely accuse you of assault and battery after you refuse to remove it. You get arrested as a result. She then seeks a restraining order against you based on her false allegations, files both a civil case and small claims case against you, and to top it all off, California law takes away your right to own or possess firearms in connection with the restraining order—before you even have a chance to respond.

Think it can’t happen? Well, that is exactly what happened to Richard and Miranda Wallingford. Only their story gets much, much worse.

As a result of their new neighbor’s false allegations, the Wallingfords hired a home-security company to install cameras on their property. Their purpose was to prevent the neighbor from making additional false allegations in the future. Immediately after installation (but before a hearing on the restraining order petition was held), the cameras captured the neighbor making threatening gestures and attempting to damage the Wallingford’s tree. These images were shown to the court at the restraining order hearing, which ultimately concluded that the Wallingfords did nothing wrong and dismissed the petition against them. The criminal assault and battery investigation was dropped by the police, both the small claims case and civil case were dismissed, and the Wallingford’s firearm rights were also reinstated.

This is where the Wallingford’s horror story should have ended….

At the restraining order hearing, the Wallingfords went on record to state they simply wanted to put the matter behind them and ask the neighbor to cease and desist her hostile behavior. That of course did not happen. Late in the evening on the same day the neighbor’s civil case was dismissed, the security cameras captured the neighbor coming onto the Wallingford’s property and pouring bleach on the tree. The Wallingfords called the police, but the police took no action.

The neighbor’s behavior continued to escalate. She was recorded yelling verbal threats of violence from her front yard and making several throat-slitting gestures directed at the Wallingford’s cameras, at least one of which involved the use of a knife or similar cutting instrument. Now in fear for their personal safety, and seeing no other option at this point, the Wallingfords filed a petition seeking a restraining order against the neighbor.

Just one of several sets of images of the Wallingford’s neighbor standing in her front yard making threating gestures in full view of the public neighborhood.
Just one of several sets of images of the Wallingford’s neighbor standing in her front yard making threatening gestures in full view of the public neighborhood.

But before a hearing on the Wallingford’s petition is held, the neighbor again files a petition seeking a restraining order against the Wallingfords. This time, the neighbor claimed the Wallingford’s security cameras constituted harassment while also raising the same allegations of assault that were previously ruled on and dismissed.

Astoundingly, the court granted the neighbor a temporary restraining order, resulting in the Wallingford’s once again losing their Second Amendment rights until a formal hearing could be held.

Worse still, the court later recognized that it mistakenly read the neighbor’s petition to include new allegations of assault—not the same allegations raised previously. Had it not made this mistake, it would not have issued a temporary restraining order. Nevertheless, the court refused to dissolve the temporary restraining order until a formal hearing could be held 60 days later.

Upon first learning of their neighbor’s complaint about their security cameras, the Wallingford’s immediately repositioned the cameras to ensure only their property was in the cameras’ field of view. They did so despite the areas of the neighbor’s property also being captured were publicly visible from street.

Although the court ultimately granted the Wallingford’s petition for a restraining order against the neighbor because it found “no legitimate purpose to making a throat-slashing gesture towards [the Wallingford’s] security cameras, or to mooning the cameras, spraying the cameras with water, or other similar conduct,” the court also found the Wallingford’s security cameras constituted harassment. But the court also expressly noted the cameras “have since been repositioned such that they point only at areas of the [neighbor’s] residence in public view, which the court finds acceptable.” Nevertheless, the court issued a three-year restraining order against them—despite no other findings of harassing behavior or that the Wallingfords are a danger to the public or to themselves. What’s more, there was no evidence that the Wallingfords were directly involved in the installation of the cameras to begin with.

As a result of the restraining order issued against them, California law prohibits the Wallingfords from owning or possessing firearms for its entire duration. All because the Wallingfords took the steps any reasonable person likely would have taken to protect themselves after being falsely accused and harassed by a vile and hostile neighbor. And to this day, the Wallingford’s neighbor continues to harass and intimidate the Wallingfords, with no action being taken by law enforcement against her despite multiple 911 calls and the existence of a restraining order against the neighbor.

The Second Amendment Law Center and the California Rifle & Pistol Association are proud to support the Wallingfords in a new lawsuit challenging California’s laws prohibiting them from owning or possessing firearms due to the restraining order issued against them. The Wallingfords, through their legal counsel, are seeking an injunction against the prohibition while the lawsuit is litigated. A hearing on the Wallingfords request for an injunction is currently scheduled for November 1, 2021.


Second Amendment Law Center

To learn more about the Second Amendment Law Center, the premier Second Amendment advocacy and legal resource center committed to the preservation and protection of the Second Amendment or to donate to causes like this, click here.

And be sure to subscribe to CPRA alerts to stay up-to-date on the Wallingford’s case and other important Second Amendment litigation by visiting www.crpa.org.

Second Amendment Law Center

 

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Country Boy
Country Boy
8 days ago

how much ya wanna bet that their insane neighbor’s criminal friends now rob their house?

Bdcaron
Bdcaron
8 days ago

You mean commie, socialist, schifthole run by woke, green, grifter, ass kissers. Some of us have no choice and can’t escape..yet.

Oldvet
Oldvet
8 days ago
Reply to  Bdcaron

What requirements would you need ? Put them out there you never know where help might come from .

Oldvet
Oldvet
8 days ago
Reply to  Oldvet

Will …We would have to vet them very carefully as to their voting priorities .

Bdcaron
Bdcaron
8 days ago
Reply to  Bdcaron

Thank you!

JimmyS
JimmyS
8 days ago

THIS is why courts should have no power to restrict rights through “due process.” Government is a series of bad actors committing crimes against the People while granting themselves immunity.

swmft
swmft
8 days ago

in the 70s they objected to the controlled burns (best forestry practices) no fires now all the dry underbrush lights the old growth trees stupid just like them, small regular controled fires or one huge all consuming fire which would you choose , they think they can control planetary temperatures too .guess they missed the part in planet science where the earth has been cold only three times and that after major disasters (meteors,mega volcanoes) and it has to our knowledge always returned to its normal in a few million years (peanuts in planetary time) earth scientists will tell you… Read more »

uncle dudley
uncle dudley
8 days ago

I thought all Californians were tree huggers, guess this woman is just a crazy fool who needs mental help.

macdog
macdog
8 days ago
Reply to  uncle dudley

More like heavy sedation. Choice up to the applicator

Last edited 8 days ago by macdog
CourageousLion
CourageousLion
8 days ago

Seems to me that the neighbor is certifiably insane and should be committed to a small room while wearing one of those straight jackets.

nrringlee
nrringlee
8 days ago
Reply to  CourageousLion

You are correct.But here is the rub. In progressive utopias like California obvious mental illness gets you celebrated instead of mandatory treatment. Drag queens and raving lunatics run the streets while the sane, hard working folks are denied their peace. And that is exactly how the Progressive New Left thugs running the state like it. When the people live in fear and have no practical means of defense they are totally dependent on the power of the state for protection. Here in Arizona this kind of stuff is rare. First, our courts recognize your natural right to peace. The insane… Read more »

swmft
swmft
8 days ago
Reply to  nrringlee

the nuts run the state like nancy pelosi trash all the way; worse part they want to remake US to be like their state hell on earth. NO THANKS that was my neighbor she would have been visiting one of the sites that burned to a crisp

CourageousLion
CourageousLion
8 days ago
Reply to  swmft

Hmmmm….are you suggesting what I was thinking? Yep…

Tionico
Tionico
8 days ago
Reply to  CourageousLion

small rubber brain needs a small rubber room.

DIs she so crazy.senile she did not SEE that big tree in nieighbour’s front yard when she moved in next door?
I’d see about bumping this case up a level in the rotten court ssytem. Three years denial of guns for a mistake the COURT made? That judge is incompetent and needs to be disbarred and debenched.

Patriot Solutions
Patriot Solutions
9 days ago

Look around in that crazy womans yard and see if she has a hole dug in the earth where she gets down in there and hides at night like my crazy neighbor. Tweakers next door are never worth getting a restraining order against because it can go against you in many ways. Last thing ya want is your name on a piece of paper with a tweaker because then you’re connected, that’s why I refused when cops offered. When ya see those hoods show at the tweakers house you can expect escalation after they leave, for days, escalation for days… Read more »

Finnky
Finnky
8 days ago

Oh yes you do want a restraining order issued against them. The order itself does nothing for you accept establish official record of their threats and your legitimate fear of their actions. If they ever force you to employ force in self defense, the legal record might just save your butt in court.

Art of war – win the fight before it begins. Applies to both legal and physical combat.

Arny
Arny
8 days ago
Reply to  Finnky

Why do that ? Just cover the hole with dirt. lol

swmft
swmft
8 days ago
Reply to  Arny

cement fast dry type, rectangular form and a gas grill

CourageousLion
CourageousLion
8 days ago
Reply to  swmft

Creative! Except why would you want all the extra
expense?

Finnky
Finnky
8 days ago
Reply to  Arny

SSS certainly is a great option. Unfortunately many have a hard time with the third “S”. I believe there is a little more leeway for errors in my approach, but admire anyone who can pull off yours – and only use it when it’s appropriate.