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About California Firearms Restraining Orders

Are you a gun enthusiast? Or, do you live in a part of Orange County where you feel it’s necessary to own firearms in order to protect your family and your home? In either case, your right to bear firearms may be compromised if a firearm restraining order is take out against you. What is a firearm restraining order exactly? It is an official court order that prohibits you from possessing any type of firearm or ammunition.

What a firearms restraining order can do to you:

  • Order you NOT to have a gun,
  • Order you NOT to have any ammo,
  • Order you to sell your firearms, or
  • Order you to turn your guns and ammo to the police, or
  • Order you to store your guns with a licensed gun dealer.

Once a firearms restraining order is issued, it’s entered into a statewide database. Meaning, law enforcement agencies across California would be notified of the restraining order. Usually, firearm restraining orders are issued in domestic violence cases. For example, if a man was arrested for beating his wife, she can ask the court to issue a firearms restraining order if she is afraid that her husband may hurt her, her children, or someone else with a gun.

Firearms Emergency Protective Orders

Sometimes, a victim of domestic violence will be afraid that their spouse or family member will use a gun to shoot them, or someone else in the household. In these situations, the domestic violence victim can ask the police for a firearms restraining order. If the police feel that a victim is in immediate danger, they can seek a Firearms Emergency Protective Order.

In these situations, the police can literally hand a copy of the order to the individual, and take the person’s guns and ammo. To learn more about the law under Penal Code sections 18100 to 18205, click here.

Have you been accused of domestic violence, or is there a firearms restraining order against you? Contact our Orange County criminal defense firm for a free consultation!

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