Legal Information: California

Restraining Orders

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February 16, 2022

What if the harasser owns a gun?

Anyone who has a civil harassment order against him/her cannot legally own, possess, or buy a gun or ammunition.1 If the harasser owns a gun, s/he must either give it to the police or sell it to a licensed gun dealer within 24 hours of the order being granted.2 If the harasser keeps the gun or ammunition in spite of the order, s/he could be guilty of a public offense, which could be punished by imprisonment in a county jail or state prison for up to one year, by a fine up to $1,000, or both.3

1 Ann.Cal.C.C.P. § 527.6(u)(1)
2 Ann.Cal.C.C.P. § 5.27.6(u)(2)
3 AnnCal.C.C.P. § 527.6(u)(3) & Ann.Cal.Penal Code § 29825(a)

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