The issuance of an emergency protective order (EPO) in a domestic violence case carries with it a variety of consequences and conditions, among those is the requirement that the restrained person be prohibited from possessing any firearm or gun related accessory. Indeed, it is unlawful for a person subject to a temporary restraining order to own, possess, purchase, or receive any firearms during the term of the protective order. On request of a law enforcement officer, the person subject to the temporary restraining order must immediately relinquish any firearm in that person’s immediate possession or control to the control of the officer. According to Matthew Ruff, one of the Torrance Domestic Violence Lawyers that handles DV cases on a daily basis, if no request is made by law enforcement, the person subject to the temporary restraining order, within 24 hours of being served with the order, must either surrender the firearm to the control of local law enforcement or sell the firearm to a licensed gun dealer. Within 48 hours after receiving the order, the person must file a receipt with the judge or the court that issued the emergency protective order, showing that the firearm was surrendered to local law enforcement or sold to a licensed gun dealer. A violation of this prohibition is a misdemeanor punishable by a maximum of one year in jail or a $1000 fine, or both.
The application forms for protective orders adopted by the Judicial Council contain a section that may require the petitioner to describe the number, types, and locations of any firearms presently known by the petitioner to be possessed and controlled by the restarined person. In addition to the prohibition on guns, the restrained party cannot own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. Ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence.
If you have additional questions or need an aggressive attorney to represent you in a pending domestic violence criminal case, Torrance Domestic Violence Lawyer Matthew Ruff can be reached at 310-527-4100.