How does a restraining order affect an abuser’s right to possess a firearm?

In California, a restraining order issued in the presence of domestic abuse or violence has a major effect on an abuser’s right to possess a firearm. According to state law, an individual who is issued a restraining order cannot own, possess, buy, receive, or attempt to buy or receive a firearm for the duration of the restraining order. This applies to all firearms including shotguns and rifles. Furthermore, if the restraining order is a permanent restraining order, meaning it lasts indefinitely, the abuser must surrender any firearms he or she owns to the local police department or to a licensed firearms dealer within 24 hours of being served with the restraining order. The abuser must also provide proof of the transfer within 48 hours or face potential criminal charges. If the abuser does not abide by the restraining order, the firearms can be confiscated by the police and a warrant may be issued for the abuser’s arrest. If the abuser is found to be in possession of a firearm while under a restraining order, they could face criminal charges such as contempt of court or even a felony charge. In summary, a restraining order issued in the presence of domestic abuse or violence severely affects an abuser’s right to possess a firearm in California. It is important for an abuser to be aware of the state laws surrounding restraining orders and firearms in order to avoid potential criminal charges.

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