Must You Surrender Your Guns After a Domestic Violence Arrest?

You must surrender your firearms after a California domestic violence arrest, and usually before any conviction. A protective order triggers the requirement. You generally have 24 hours to relinquish and 48 hours to file the receipt with the court, and possessing a firearm while the order is in effect is a separate crime.

The Law Offices of William W. Bruzzo handles firearm and domestic violence matters together, because in Orange County they arrive together.

Why Are Firearms Surrendered Before a Conviction in California?

Firearms are surrendered before a conviction because the protective order is the trigger, not the verdict. An order can issue at arraignment, months before a case resolves, and the obligation applies regardless of how the case ends.

Two different orders produce the requirement. A criminal protective order in your case falls under Code of Civil Procedure 527.9. A civil domestic violence restraining order falls under Family Code 6389. The deadlines match either way.

What Are the 24-Hour and 48-Hour Firearm Surrender Deadlines?

Two firearm surrender deadlines start the moment you are served, and missing either one creates a new problem.

• Surrender immediately if a law enforcement officer requests it at the time of service
• Otherwise relinquish within 24 hours, by surrendering to local law enforcement or selling, transferring, or storing with a licensed dealer
• Within 48 hours, file the receipt with the court that issued the order
• File a copy of that receipt with the agency that served the order

Failing to file the receipt on time is itself a violation of the protective order. The receipt is Judicial Council form DV-800, and Orange County Superior Court provides local instructions in English, Spanish and Vietnamese. Possessing a firearm while an order is in effect is a crime under Penal Code 29825, separate from your original charge and from any concealed or loaded firearm charge.

How Long Does a Domestic Violence Conviction Ban Firearms?

A domestic violence conviction bans firearms for either 10 years or life in California, depending on the charge.

• A felony conviction carries a lifetime California prohibition under Penal Code 29800
• A list of misdemeanors in Penal Code 29805 carries a 10-year California prohibition
• A misdemeanor conviction under Penal Code 273.5 on or after January 1, 2019 carries a lifetime California prohibition
• Federal law under 18 U.S.C. 922(g) separately imposes a lifetime prohibition following qualifying convictions

State and federal periods do not match. A California 10-year period can expire while a federal prohibition continues, so time alone does not tell you where you stand.

How Do You Get Firearms Back After a Protective Order Ends?

Firearms are not returned automatically when a protective order ends. Release runs through an application to the California Department of Justice Bureau of Firearms, and the agency holding them will not release without it.

Talk to an Orange County Criminal Defense Lawyer Before the Clock Runs Out

The relinquishment clock starts when you are served, not when your case ends. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation.