How domestic violence charges affect firearm rights

On Behalf of | Oct 9, 2020 | Violent Crimes

Disagreements in the household among family members or between domestic partners happen. When tensions or interactions reach the point of abuse, domestic violence charges may result may result.

Among other potential consequences of allegations of abuse involving family, roommates or couples, domestic incidents may cost people their right to own or possess firearms.

Prohibiting gun ownership

According to the California Department of Justice, domestic violence incidents may make it unlawful for a person to own or have firearms in their possession, either temporarily or permanently. People convicted of felony or misdemeanor domestic violence lose their gun ownership privileges.

Surrendering firearms to law enforcement

According to the Judicial Council of California, people ordered to store firearms due to domestic violence charges may choose to do so with a local law enforcement agency. To do so, they should contact the agency to notify the authorities of their intention and arrive with their firearms unloaded and with a copy of their restraining orders. Law enforcement may store their weapons for them until such time as the restraining orders against them end. Even if not convicted, they may have to pay a storage fee for this service.

Selling or storing guns with licensed dealers

In lieu of storing their guns with a law enforcement agency, people who must give up their firearms may choose to store them with or sell them to a licensed dealer. In order to do so, they must provide the court with documentation of the storage or sale. If people change their minds after turning their firearms over to law enforcement for storage, law enforcement may release the weapons to licensed gun dealers with bills of sale or proof of storage.

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