Firearm Surrender After a Restraining Order in California (2026 Rules)

Quick answer: If you are served with a California restraining order, including a temporary order issued before any hearing, you generally must give up every firearm, firearm part, and round of ammunition in your possession or control within 24 hours. You can surrender them to local law enforcement, or sell or store them with a licensed firearms dealer. You must then file the receipt with the court that issued the order within 48 hours of service. For domestic violence orders, you must also give a copy to the law enforcement agency that served you. The rules are in Family Code § 6389 (domestic violence orders) and, since January 1, 2026, Code of Civil Procedure § 527.9 (civil harassment, workplace violence, school violence, and elder abuse orders and criminal protective orders). Missing either deadline is itself a violation of the order and can lead to criminal charges.

Key Takeaways

• 24 hours to relinquish firearms and ammunition after service, or immediately if a law enforcement officer asks.
• 48 hours to file the receipt with the court.
• The prohibition covers owning, possessing, purchasing, and receiving firearms and ammunition for as long as the order is in effect.
• A temporary restraining order triggers the same requirements as an order after hearing.
• California laws effective January 1, 2026 (SB 899 and AB 2759) expanded ammunition relinquishment to more order types, created new compliance hearings, and narrowed employment exemptions.
• Federal law separately prohibits firearm possession under many domestic violence protective orders (18 U.S.C. § 922(g)(8)). The U.S. Supreme Court upheld that law in United States v. Rahimi (2024).
• For many gun owners, the restraining order hearing is the best opportunity to protect firearm rights for the next several years.

Which Restraining Orders Require Firearm Surrender?

Check your own order. The specific terms the judge checked control, and courts may set different procedures.

What Exactly Must Be Relinquished

• Firearms: handguns, rifles, and shotguns, whether registered or not, including guns kept at another location if they are within your “possession or control.”
• Ammunition: all ammunition. Since January 1, 2026, Code of Civil Procedure § 527.9 expressly requires ammunition relinquishment for civil harassment, workplace violence, school violence, elder abuse, and criminal protective orders, as Family Code § 6389 already did for domestic violence orders.
• Firearm parts and magazines: Judicial Council guidance and the current receipt forms cover firearms, firearm parts, ammunition, and magazines. This includes unserialized and self-built firearms (“ghost guns”) and their precursor parts.
• Body armor: Judicial Council guidance for gun violence restraining orders states that body armor is not allowed while the order is in place, unless local law enforcement approves an exception.

“Possession or control” is broader than what you are carrying. A firearm in a shared safe, in a vehicle, at a relative’s house, or stored where you can access it may count. Transferring guns to a friend or family member is generally not a lawful way to comply. The statutes allow relinquishment to law enforcement or sale to, or storage with, a licensed dealer.

How to Comply: Step by Step

1. Read the order the moment you are served. Look for the firearms section on the temporary order (for example, item 7 or 8 of DV-110 or CH-110, depending on the form version).
2. If an officer asks for your firearms when serving you, surrender them immediately. Domestic violence law requires immediate surrender on a law enforcement request (Fam. Code § 6389(c)).
3. Otherwise, within 24 hours, choose one option for each item:
   • Surrender it to the local police department or sheriff.
   • Sell it to a licensed firearms dealer.
   • Store it with a licensed firearms dealer (Penal Code § 29830).
4. Call ahead. Many agencies require an appointment and instructions for transporting firearms. Ask for transport instructions and follow them exactly, unloaded and secured. Do not walk into a station carrying a firearm unannounced.
5. Get a receipt for every item. The officer or dealer completes the receipt at the time of relinquishment.
6. Within 48 hours, file the receipt with the court that issued the order. Use the Judicial Council receipt form for your order type (for example, DV-800 for domestic violence, or GV-800 for gun violence orders), or the agency’s form attached to a court form if the court allows. For domestic violence orders, also give a copy to the law enforcement agency that served the order.
7. Keep a file-stamped copy and bring it to your hearing.
8. If you have no firearms or ammunition, say so truthfully when asked, and do not acquire any while the order is in effect.

What Happens If You Do Not Comply

• It is a violation of the order. Failing to relinquish, or failing to file the receipt, is a violation under Family Code § 6389(c)(2) and Code of Civil Procedure § 527.9.
• Criminal prosecution. Owning, possessing, purchasing, or receiving a firearm while prohibited is punishable under Penal Code § 29825. Violating the order is punishable under Penal Code § 273.6. Federal charges are possible under 18 U.S.C. § 922(g)(8).
• Clerk notification to law enforcement. Under Code of Civil Procedure § 527.9, if a receipt is not filed within 48 hours for a firearm the person possesses, the court orders the clerk to immediately notify law enforcement.
• Prosecutor referral. Courts must report firearm violations to the prosecuting attorney within two business days of the hearing, unless the person later provides a receipt.
• Compliance and review hearings. New Code of Civil Procedure § 527.11 provides for noticed hearings at which the court considers evidence that the restrained person has a firearm, and decides by a preponderance of the evidence whether a violation occurred. The court may set a review hearing, generally within 10 court days.
• Search warrants. Penal Code provisions allow warrants to recover firearms and ammunition from people prohibited by covered orders.
• Custody consequences. As of January 1, 2026, Family Code § 3044 lets courts consider whether a parent violated firearm prohibitions when deciding whether the domestic violence custody presumption has been overcome.
• Your credibility at the hearing. A respondent who ignored the firearm order is in a far weaker position to ask a judge to deny the restraining order.

The Fifth Amendment Problem and Use Immunity

Turning in a firearm can sometimes be incriminating, for example if possession was itself unlawful. California law addresses this. Under Family Code § 6389(d), if a respondent declines to relinquish firearms or ammunition based on the Fifth Amendment or the California Constitution’s privilege against self-incrimination, the court may grant use immunity for the act of relinquishment. Code of Civil Procedure § 527.9 contains a similar provision for other order types. If this applies to you, raise it with counsel before the deadline.

Employment Exemptions: Peace Officers and Armed Professionals

A limited exemption may allow a respondent to keep a specific firearm needed for work. After AB 2759, effective January 1, 2026, the rules are stricter:

• No exemption is available if you are otherwise prohibited from possessing firearms under state or federal law.
• Sworn peace officers: must be required to carry a firearm as a condition of employment, with an employer that cannot reassign them. The court must make findings by a preponderance of the evidence, and a psychological evaluation by a professional with domestic violence expertise is mandatory.
• Other armed professionals, such as some security guards: must be required to carry a specific firearm during scheduled work hours, with an employer that cannot reassign them. Possession is limited to work hours.
• The court must revisit any exemption when a temporary order becomes an order after hearing and again at renewal. An exemption can be modified or ended for changed circumstances or a violation.

Even when a state exemption applies, federal law may independently prohibit possession under certain domestic violence orders. Armed professionals should get advice on both before relying on an exemption.

Federal Firearm Law and Restraining Orders

Federal law, 18 U.S.C. § 922(g)(8), prohibits possession of firearms and ammunition by a person subject to a court order that:

• was issued after a hearing of which the person had actual notice and an opportunity to participate,
• restrains the person from harassing, stalking, or threatening an “intimate partner” or the partner’s child, and
• includes a finding that the person is a credible threat to the partner’s or child’s physical safety, or explicitly prohibits the use, attempted use, or threatened use of physical force.

In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court upheld § 922(g)(8) against a Second Amendment challenge. Federal law generally does not reach ex parte temporary orders. That is one reason the outcome of the hearing matters so much. Civil harassment orders between people who are not intimate partners generally do not trigger § 922(g)(8), but they still trigger California’s prohibition.

Getting Your Firearms Back

When the order expires, is terminated, or is denied after hearing, firearms do not automatically come home the same day. The general process:

1. Obtain proof that the order has ended, such as a file-stamped order denying the petition, an order terminating the restraining order, or confirmation that it has expired.
2. Complete the California Department of Justice Law Enforcement Gun Release process (Penal Code § 33850 et seq.), which includes a background check to confirm you are not otherwise prohibited.
3. Present the DOJ release letter to the agency or dealer holding the firearms, and pay any storage fees. Storage fees charged by law enforcement may not exceed the agency’s actual cost (Fam. Code § 6389(e)).

Under Code of Civil Procedure § 527.9, when a relinquishment order under that section expires, the agency must return surrendered firearms and ammunition within five days, with exceptions for stolen items, prohibited persons, and successive orders. Firearms sold to a dealer are not returned. Firearms stored with a dealer are retrieved under the dealer’s process and state law.

Why the Hearing Is the Best Time to Protect Gun Rights

A temporary order lasts only until the hearing. A restraining order after hearing can last up to five years (three for workplace violence orders), can be renewed, and, for qualifying domestic violence orders, can trigger federal prohibition. For hunters, sport shooters, collectors, security professionals, law enforcement officers, and military members, defending the hearing is often the single most important step in protecting firearm rights. Common strategies include:

• Contesting the underlying allegations with evidence and cross-examination.
• Showing full compliance with the temporary order, with a filed receipt, to establish credibility.
• Avoiding stipulations that include findings, or terms that trigger federal prohibition, without understanding the consequences.
• Seeking a narrower order or shorter duration where an order is likely.
• Requesting a timely exemption where it is legitimately available.

Learn how to respond to a restraining order and what to expect at the hearing.

Gun Violence Restraining Orders Are Different

A gun violence restraining order (GVRO) under Penal Code § 18100 et seq. is specifically designed to remove firearms. A GVRO can be requested by law enforcement, family or household members, employers, coworkers, and school employees. It does not require proof of abuse or harassment, but rather that the person poses a significant danger of causing personal injury by having firearms. Defending a GVRO focuses on the evidence of danger, alternatives to removal, and the duration of the order. See gun violence restraining order defense, including emergency GVROs, family-filed petitions, and employer petitions.

Special Situations

Firearms Owned by a Spouse or Roommate

If another adult in the home lawfully owns firearms, the question is whether you have “possession or control” of them. Firearms in a shared, unlocked closet or a safe you can open may be treated as within your control. Common solutions include having the other owner store their firearms in a locked container you cannot access, or remove them from the home, while the order is in effect. Courts and law enforcement look at practical access, so document whatever arrangement is made and get advice before relying on it.

Concealed Carry (CCW) Permit Holders

A concealed carry license does not override a restraining order. The firearm prohibition applies regardless of the permit, and the issuing agency may suspend or revoke the license based on the order. Expect to address the permit separately after the case ends.

Active-Duty Military and Federal Employees

Military members and federal employees can face separate command or agency consequences, including restrictions on handling government-issued weapons. Federal law under 18 U.S.C. § 922(g)(8) does not contain a general government-use exception for qualifying orders, so service members should get advice early about duty assignments.

Large Collections, NFA Items, and Firearms Stored Elsewhere

Collectors with many firearms, items regulated under the National Firearms Act, or firearms stored at a range, vacation home, or out of state should plan the logistics with counsel and the receiving agency or dealer immediately. The 24-hour deadline does not stretch for large inventories, and the receipt must account for each item. Licensed dealers who offer storage often have capacity and fee limits, so call before the deadline.

When You Are Out of the Area When Served

If you are served away from home, contact the law enforcement agency where the firearms are located and the court that issued the order right away to arrange compliance. Document every step you take within the 24 hours.

Restraining Orders and Hunting Licenses

A California hunting license does not authorize firearm possession while a restraining order is in effect. Planned hunting trips must be canceled or rearranged, and a respondent may not borrow a firearm for hunting during the order.

Firearm Surrender Mistakes to Avoid

1. Handing firearms to a relative, friend, or roommate instead of law enforcement or a licensed dealer.
2. Forgetting ammunition, magazines, firearm parts, or guns stored at another location.
3. Showing up at a police station with a firearm without calling ahead for instructions.
4. Getting a receipt but never filing it with the court within 48 hours.
5. Assuming a denied temporary order means no surrender is needed at the hearing stage. Read the order actually issued.
6. Buying ammunition or a firearm while the order is in effect, which may also be flagged in a background check.
7. Making statements about firearms to the petitioner or on social media.
8. Relying on a state employment exemption without checking federal law.

Frequently Asked Questions

How long do I have to turn in my guns after being served with a restraining order in California?

Generally 24 hours after service, or immediately if a law enforcement officer asks. You must then file the receipt with the court within 48 hours.

Does a temporary restraining order require me to surrender firearms?

Yes. Most temporary orders include the firearm prohibition and relinquishment requirement, effective from the moment you are served.

Can I give my guns to a family member to hold?

Generally no. California law provides for surrender to law enforcement, or sale to or storage with a licensed firearms dealer. Transferring firearms to a family member is not a recognized way to comply.

Do I have to turn in ammunition too?

Yes. Domestic violence orders cover ammunition under Family Code § 6389. Since January 1, 2026, Code of Civil Procedure § 527.9 requires ammunition relinquishment for civil harassment, workplace violence, school violence, elder abuse, and criminal protective orders.

What form do I file to prove I turned in my firearms?

The Judicial Council receipt form for your order type, such as DV-800 for domestic violence orders or GV-800 for gun violence orders. The officer or dealer completes their portion, and you file it with the court within 48 hours. Some courts accept agency receipts attached to a court form.

What if I don’t own any guns?

You do not need to relinquish anything, but you may not buy or receive firearms or ammunition while the order is in effect. Answer truthfully if the court asks.

Can a police officer keep a gun for work during a restraining order?

Possibly, through a narrow employment exemption. As of 2026, it requires that the officer cannot be reassigned, court findings, and a mandatory psychological evaluation. The exemption is unavailable if federal or other state law prohibits possession.

Does a civil harassment restraining order make it a federal crime to own a gun?

Usually not, unless the order protects an intimate partner and meets the other requirements of 18 U.S.C. § 922(g)(8). California’s own prohibition still applies.

How do I get my guns back after the restraining order ends?

Obtain proof that the order ended, complete the California DOJ Law Enforcement Gun Release process, and present the release to the agency or dealer, paying any storage fees.

What happens if I don’t file the firearm receipt on time?

It is a violation of the order. The court may notify law enforcement, refer the matter to the prosecutor, and set a compliance hearing. You may also face criminal charges.

Can I refuse to turn in a gun because it might incriminate me?

You may invoke the privilege against self-incrimination. California law allows the court to grant use immunity for the act of relinquishment. Get legal advice before the deadline.

Does winning the restraining order hearing restore my gun rights?

If the petition is denied, the order ends and you can seek return of your firearms through the DOJ release process, assuming you are not otherwise prohibited.

Legal Authorities Referenced

• Family Code §§ 3044, 6389
• Code of Civil Procedure §§ 527.6, 527.8, 527.85, 527.9, 527.11
• Welfare and Institutions Code § 15657.03
• Penal Code §§ 136.2, 273.6, 18100–18205, 29825, 29830, 33850 et seq.
• 18 U.S.C. § 922(g)(8); United States v. Rahimi, 602 U.S. 680 (2024)
• SB 899 (Stats. 2024, ch. 544) and AB 2759 (2024), operative January 1, 2026
• Judicial Council forms DV-800, GV-800, MC-030

Talk to a Restraining Order Defense Attorney

Power Trial Lawyers defends respondents in restraining order and gun violence restraining order cases throughout Southern California, and handles related firearm charges. If you have been served and own firearms, the first 24 hours matter. Contact the firm to discuss your case.

This page provides general information about California and federal firearm law as it relates to restraining orders. It is not legal advice, and reading it does not create an attorney-client relationship. Firearm laws change frequently. Confirm current requirements with the court, the relevant law enforcement agency, and counsel. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.