Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘Domestic Violence & Firearms in California.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 5 March
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]
Domestic Violence and Firearms in California
Firearm Prohibitions for Misdemeanants
California prohibits the purchase and possession of firearms by certain violent misdemeanants, such as those convicted of assault, battery, or stalking, without regard to the victim's relationship to the offender.
In addition, California authorizes courts to prohibit defendants from purchasing or possessing firearms in cases where the defendant is charged with, but not yet convicted of, a domestic violence misdemeanor.
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining and Protective Orders
A person subject to any one of the following types of court orders is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect:
- A temporary restraining order or injunction issued to a victim of harassment;
- A temporary restraining order or injunction issued to an employer on behalf of an employee;
- A temporary restraining order or injunction issued to a postsecondary educational institution on behalf of a student;
- A domestic violence protective order whether issued ex parte, after notice and hearing, or in a judgment;
- A protective order for an elderly or dependent adult who has suffered abuse, whether the order was issued ex parte, after notice and hearing, or in a judgment, provided that the case does not involve solely financial abuse;
- An emergency protective order related to stalking; or
- A protective order relating to a crime of domestic violence or the intimidation or dissuasion of victim or witness.
Under California law, individuals may seek a domestic violence protective order, prohibiting the purchase or possession of firearms, against:
- A former or current dating partner or any person with whom the individual has had a romantic relationship;
- Any person who is presently or has in the past resided with the individual; or
- Any family member, even if the abuser has never resided with the individual.
Each protective order must state that the person is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm while the protective order is in effect.
California also prohibits subjects of domestic violence protective orders from owning or possessing ammunition.
Surrender of Firearms by Persons Subject to Protective Order
Upon being served with a domestic violence protective order in California, the respondent must relinquish his or her firearm by surrendering it immediately upon request of any law enforcement officer, or within 24 hours if no request is made. This same 24-hour rule and procedure also applies for all other protective orders listed above except those related to stalking. The law enforcement officer or gun dealer must issue a receipt, which the person must file with the court within 48 hours of being served with the order. During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that have been surrendered to a law enforcement agency. The application forms for domestic violence protective orders adopted by the Judicial Council and approved by the California Department of Justice must require the petitioner to describe the number, types, and locations of any firearms presently known by the petitioner to be possessed or controlled by the respondent.
A law enacted by California in 2009 authorizes the issuance of a search warrant when the property to be seized is a firearm that a protective order defendant has failed to relinquish as required by these provisions.
A person subject to a protective order related to stalking must relinquish his or her firearms to the local law enforcement agency for that jurisdiction, or sell those firearms to a licensed gun dealer within a time period specified in the order. The protective order must include a description of this requirement including the expiration date for relinquishment. Proof of surrender or sale of a firearm must be filed with the court within the specified time.
Removal of Firearms and Incident Reporting by Law Enforcement
Every California law enforcement agency must establish a system for recording all domestic violence-related calls, and must include a written incident report for each call noting, among other things, whether a weapon was involved. Any deadly weapon discovered by an officer at the scene of a domestic violence incident is subject to confiscation. Law enforcement officers of any state or local agency who are at the scene of a domestic violence incident involving a threat to human life or a physical assault must take temporary custody of any firearm in plain sight or discovered pursuant to a consensual or other lawful search for the protection of the officers or other persons present.
Confiscated firearms must be held for at least 48 hours. With limited exceptions, if a firearm is not retained for use as evidence related to criminal charges stemming from the domestic violence incident or is not retained because it was illegally possessed, it must be made available to its owner or lawful possessor 48 hours after the seizure or as soon thereafter as possible, but no later than five business days after the owner or person in lawful possession of the firearm demonstrates that he or she has undergone the proper background check…