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Domestic Violence Restraining Orders and Firearm Ownership

Posted by Martens & Brusseau | Apr 28, 2015 | 0 Comments

Along with all the limitations that come along with a Domestic Violence Restraining Order, like staying out of a certain proximity to the protected person or limiting contact with them, you can also be ordered to relinquish ownership of all firearms and ammunition for the duration of the order. Even if your firearms were never involved in this instance of violence, they must be sold to a licensed gun dealer or relinquished to a law enforcement officer. Once the order is in effect, this has to be completed within 24 hours so you can't wait for the right buyer to come along; you will have to dispose of them in any way you can. You also will have to file proof of relinquishment or sale with the court immediately. Proof can come from a receipt given by the law enforcement officer or gun buyer you transfer the guns to. If you don't do this, a search warrant can be issued so an official can retrieve the firearms and ammunition. Cooperating with this stipulation in the order is very important. You are required to disclose any firearms you own as part of the order. The court can also run a search for firearms registered to your name and search for any firearm licenses or permits you might have. The other party to the case may also disclose knowledge about your firearm ownership as well. Not following any of the stipulations in a Domestic Violence Restraining Order is considered a violation of the order and action can be taken against you.

Are you in the Tulare, Kings or Fresno areas and have been, or worried you will be, ordered to relinquish your firearms? Contact experienced criminal defense attorney Christopher Martens and his legal team to discuss your case scenario. The Law Offices of Christopher Martens can expertly walk you through the process of relinquishing your firearms in a way that does not violate your order. Call our offices at 559-967-7386 or email us at [email protected] for a free consultation today.

About the Author

Martens & Brusseau

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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