Restraining Order Expired in 2023, Still Disqualified: California Appeals Court Upholds Merced County Concealed Carry Permit Denial
Key Takeaways
- The California Court of Appeal upheld the denial of Derek Joseph Tristao's concealed carry permit application in case F091003.
- Tristao's domestic violence restraining order, issued under California Family Code section 6300, remained in effect until November 13, 2023.
- California Penal Code section 26202 disqualifies applicants subject to certain restraining orders for five years, even after those orders expire.
- Tristao challenged the denial in Merced County Superior Court under Penal Code section 26206, but the trial court ruled against him.
- The Court of Appeal affirmed the trial court ruling, leaving the permit denial in place.
Estimated reading time: 2 minutes
MERCED, CA — The California Court of Appeal has upheld the denial of Derek Joseph Tristao’s application for a concealed carry permit. The ruling turned on a domestic violence restraining order previously issued against him, which still fell within the five-year disqualification period set by state law. The case, docket number F091003, came up from Merced County Superior Court.
As reported by LAWS.com News, the restraining order was issued under California Family Code section 6300 and the sections that follow it, and it remained in effect until November 13, 2023. After it expired, Tristao applied for a concealed carry permit sometime between November 2023 and September 2025. The application was denied under Penal Code section 26202, which classifies people subject to certain restraining orders as disqualified from receiving a permit.
On September 22, 2025, Tristao filed a request in Merced County Superior Court for a hearing under Penal Code section 26206. That provision lets an applicant challenge being labeled a disqualified person. In plain terms, it is the applicant’s chance to tell a judge the denial was wrong. The court considered a sealed report on Tristao’s criminal history, his own declarations, and testimony from a sheriff’s deputy. The trial court ruled against him. The Court of Appeal affirmed, meaning it left that ruling in place.
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The order was no longer in effect when Tristao applied. Under the five-year disqualification period, that did not save the application. A restraining order that had already lapsed still counted against him.
For anyone carrying in California, that is the practical lesson. Permit eligibility is not only about what is active on your record today. It can turn on court orders that ended years ago. Part of a serious carry mindset is knowing your own legal standing before you file, and my guide to California concealed carry laws and permit requirements is a good place to start. An applicant who learns about a disqualifier at the denial stage has already lost months, and in Tristao’s case, a trip through two courts.
Read the original story: Restraining Order Expired in 2023, Still Disqualified: California Appeals Court Upholds Merced County Concealed Carry Permit Denial