Legal Information: California

State Gun Laws

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Updated: 
January 2, 2017

If the abuser's gun is taken away, what will happen to it?

If the abuser is convicted of a crime and his gun is taken away, it will be destroyed or sold by law enforcement officials.  If the abuser is ordered to give up his/her gun(s) by a domestic violence restraining order (DVRO), s/he has two choices: s/he can give them to local law enforcement officials for storage and safekeeping or s/he can sell them to a licensed gun dealer.* 

If the abuser gives his/her gun(s) to a local law enforcement agency, the gun(s) will be kept in the property warehouse until the protective order expires.  The abuser will have 24 hours after receiving notice of the order to turn in or sell his/her gun(s).  After 48 hours of receiving notice of the order, the abuser will have to fill out form DV-800 (“Proof of Firearm Turned In”) and file it in court to show that s/he has turned in or sold his gun(s).  If s/he fails to file this form, s/he will be violating the protective order.* *

This procedure will be explained to the abuser on the copy of the DVRO that is given to him/her. 

* Cal.Penal Code § 12028
** Cal. Fam. Code § 6389(c)(1)-(2)