Legal Information: California

State Gun Laws

June 16, 2021

Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a DVRO?

If you file for and receive a DVRO, it should be clear to the abuser and to law enforcement that the abuser’s gun needs to be taken away. When you file for a DVRO, the abuser has to be notified. California state law says that on all forms that give notice to the abuser that a protective order has been requested or granted, it must include this language: “The respondent shall be ordered to relinquish possession or control of any firearms and not to purchase or receive or attempt to purchase or receive any firearms for a period not to exceed the duration of the restraining order.”1 Basically, this means that the abuser has to give up any guns that s/he has and s/he cannot buy or get any guns while you have an order against him/her.

Additionally, there is a place on the fourth page of your DV-100 (“Request for Order”) form where you can tell the judge whether the abuser has a gun and if s/he has ever threatened you with it.2 It may be a good idea to check this box if you believe the abuser has a gun so that the judge is aware of the guns.

1 Cal. Fam. Code § 6389(b)
2 See Cal. Fam. Code § 6389(c)(3)

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