Domestic Violence Restraining Orders and Firearms
California law requires people subject to DVROs to relinquish firearms or else face up to one year in jail and/or a $1,000 fine. Here’s what you need to know about firearm relinquishment in the case of DVROs in California.
A person subject to a Domestic Violence Restraining Order (DVRO) cannot own, possess, purchase, or receive a firearm or ammunition while the order is in effect. The person must relinquish their firearms within 24 hours of being served the order, except in certain situations. The purpose of this law is to protect people from the use of deadly force by an abusive partner/family member.
What is a Domestic Violence Restraining Order (DVRO)?
DVROs are protective orders issued by a court mandating the physical separation of people. This is done in order to prevent domestic violence, abuse, and sexual abuse for a period of time sufficient to resolve the root cause of such violence. DVROs can apply to more than just married partners; they can apply to former/current spouses, former/current partners, family members, as well as any person that the person filing the order has lived with. In order to file a DVRO, one must have been abused or threatened with abuse by one of the aforementioned individuals. In the case of children younger than 12, an individual can file a DVRO on their behalf to protect them as well.
Related: Domestic Violence Restraining Orders in California
There are different types of DVROs:
- Emergency Protective Orders (EPOs) occur when police officers respond to a domestic violence incident and call a judge to issue a protective order; these EPOs last up to seven days.
- Temporary Restraining Orders (TRO) occur when an individual goes to court, explains the domestic violence situation, and the judge decides that the individual needs protection; TROs last for twenty to twenty-five days, until the hearing date in court.
- Permanent Restraining Orders may be issued at the hearing for the TRO; they are not actually permanent, but usually last for up to five years.
How are firearms handled in the case of a Domestic Violence Restraining Order?
In all cases of a DVRO, it is illegal for the subject of the restraining order to possess any firearms or ammunition. The petitioner will be required to describe the type, locations, and numbers of firearms held by the subject of the DVRO as part of the order. If the subject does not relinquish the firearms/ammunition or comes into the possession of other firearms/ammunition while the DVRO is in effect, they may face up to a year in jail as well as a $1,000 fine.
Firearms and ammunition must be relinquished within 24 hours after the order is served. If 24 hours have not passed but a law enforcement officer requests that the firearms and ammunition be turned over, they must be immediately relinquished. The subject may also sell firearms to a licensed gun dealer. Within 48 hours of the order being served, the subject must file a receipt provided by the law enforcement or gun buyer to both the court and the law enforcement agency. If the subject does not abide by these rules, a search warrant may be filed. After the order ends, the law enforcement agency will return the firearms.
Exception to firearm relinquishment in DVROs
There is an exception to the firearm relinquishment requirement of a DVRO. This exception occurs when a firearm is necessary for the continued employment of the restraining order’s subject, and the subject’s employer is unable to reassign them to a position that does not require a firearm. In this situation, the subject may only be in possession of the firearm when traveling to/from work and during work hours. If the subject is a Peace Officer, they may be allowed to carry the firearm both on and off duty if there is a large amount of evidence to suggest that this does not pose a threat.
FAQs
To whom does this firearm relinquishment law apply?
The law applies to anyone that is the subject of a Domestic Violence Restraining Order or other protective order. In relation to the individual filing a restraining order, this includes former/current spouses, former/current partners, any person the individual has lived with, and any family member of the individual.
Does the firearm relinquishment law only apply to DVROs?
No. It applies to other protective orders that exclude a person from a dwelling or urge other specified behavior.
What if a person is convicted of a domestic violence crime?
In California, if a person is convicted of a crime relating to domestic violence, they can be prohibited from possessing a firearm for life.
Contact Us
If you are considering a Domestic Violence Restraining Order and require assistance, contact Her Lawyer for a free consultation with an experienced family law attorney.