Firearm Restrictions and Domestic Violence
Firearm Restrictions and Domestic Violence
What it is all about:
A defendant subject to a Penal Code section 136.2 protective order may not own, posess, purchase, receive, or attempt to purchase or receive a firearm while the order is in effect. After issuing the protective order, the court must order the defendant to relinquish any firearms in his or her immediate possession or control, or subject to his immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to local law enforcement or selling the firearm to a licensed gun dealer. A defendant ordered to relinquish a firearm must file with the court a receipt of sale or surrender to the court within 48 hours after receiving the order. The court may grant an exemption from the relinquishment requirement under limited circumstances when a firearm is necessary as a condition of employment. If you are arrested or charged with a crime, contact:
Christine McGuire, Criminal Defense Attorney
Christine McGuire Santa Cruz Criminal Defense Attorney
Christine McGuire Monterey Criminal Defense Attorney
Christine McGuire San Jose Criminal Defense Attorney