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Important note: Although courts may be closed or accepting limited cases due to COVID-19, there should still be a way to file for a protection order and other emergency relief. See our Frequently Asked Questions Involving Courts and COVID-19, or call your local courthouse for more details.

Legal Information: California

State Gun Laws

April 4, 2019

I have a DVRO against the abuser. Can s/he keep a gun or buy a new gun?

No.  California state law says that if you have a DVRO against the abuser, s/he cannot have a gun in his/her possession, or buy a new gun while the order is in effect.1  This applies to ex parte (temporary) orders as well as orders issued after notice and a hearing.2  However, there is an exception to this law if the abuser uses a firearm for his/her job.  See The abuser uses a gun for his/her job. Do the state gun laws still apply? for more information.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final protection order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun.  Go to the Federal Gun Laws page to get more information.

1 Cal. Fam. Code § 6389(a)
2 Cal. Fam. Code §§ 6218; 6389(a)