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Legal Information: California

Restraining Orders

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Laws current as of May 3, 2024

What happens if the respondent has a gun after the order is issued?

A person who has a workplace violence restraining order against him/her cannot legally have a gun or ammunition.1 Any guns in his/her possession must be given to the police or sold to a licensed gun dealer within 24 hours of the order being granted.2 If the respondent keeps a gun or tries to purchase a new one, s/he could be guilty of a “public offense,” which is punishable by imprisonment in a county jail or state prison for up to one year, a fine of up to $1,000, or both.3

1 Cal.C.C.P. § 527.8(s)(1)
2 Cal.C.C.P. § 527.8(s)(2)
3 Cal.C.C.P. § 527.8(s)(3); Cal.Penal Code § 29825(a)