Question on Types of Restraining Orders

[Kyle1886]

Question:

Is there a difference in types of restraining orders in regards to the disposition of firearms and ammo?

I know there are Domestic, Firearm, Harassment, et al.

I'm assuming not, but don't know for sure.

Reason for the question is the manager of our park just learned that a troublesome resident filed a harassment restraining order against him and his wife however it was declined by the judge. (This resident has filed RO's against almost all of her neighbors in the last three years). This resident will try again, I'm sure. A real trouble maker on all levels.

The manager is a fairly new firearm owner and he and his wife have taken several safety/range clases, but know little of CA firearm laws. Especially those that involve RO's.

I searched here on Calguns and the Web for the exact code(s) that pertain to RO's and firearms so as to guide management in dealing with the situation prior to any refiling of RO's

https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-9.html

CCP 527.9 in part states; Code of Civil Proceedures.

(b) Upon the issuance of a protective order against a person pursuant to subdivision (a), the court shall order that person to relinquish any firearm in that person's immediate possession or control, or subject to that person's immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code.  A person ordered to relinquish any firearm pursuant to this subdivision shall file with the court a receipt showing the firearm was surrendered to the local law enforcement agency or sold to a licensed gun dealer within 48 hours after receiving the order.  In the event that it is necessary to continue the date of any hearing due to a request for a relinquishment order pursuant to this section, the court shall ensure that all applicable protective orders described in Section 6218 of the Family Code remain in effect or bifurcate the issues and grant the permanent restraining order pending the date of the hearing.

(e) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (b) shall prohibit the person from possessing or controlling any firearm for the duration of the order.  At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm to the respondent, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen,...

I do not see ammo mentioned anywhere, yet on the forum I see it mentioned that it must be disposed of as well. I do not want to offer up bum info.

Any insight is appreciated

Respectfully
Kyle

[Mark49]

In reality there is only one RO, it's all in the wording that should concern you.

I've written many times about TRO and what you should do if you get served one.

In my responses are what to do "Right away"

I have a business that now becomes subject to filing if "They the asswipes" can pull it off.

TRO come first; they get heard within days after being served.
Failure to appear is what the lowlifes in our industry hope for.

A TRO if granted is good for 20-25 days until the RO hearing.

If you get any of these, you MUST notify your local police department. You for sure would lose your CCW if you have one. You most likely would have to turn in your guns until the 3 year or 5-year RO expires.

Moral of the story. If you get served a TRO get an attorney, get your case together as if it were a murder trial and GO TO COURT!!!


The length of time covered by a permanent restraining order will vary based on the type of restraining order. For instance, a domestic violence restraining order is valid for 5 years while a civil harassment restraining order is valid for 3 years.

Whether you are applying for a restraining order under family, civil or criminal law, the process for dealing with the above main types of restraining orders is largely the same, though the application forms may differ.

https://www.californiacriminaldefender.com/the-three-main-types-of-restraining-orders-in-california.html#:~:text=There%20are%20three%20main%20types%20of%20restraining%20order%3A,Order%20%28TRO%29%20...%203%20Permanent%20Restraining%20Order%20

[Kyle1886]

Thanks for the response Mark49.

Respectfully
Kyle

[Kyle1886]

I still haven't found anything that addresses the ammo disposal along with the firearms.

I'll keep digging.

Respectfully
Kyle

ETA: If ammo is included then I would imagine reloading supplies could be involved too.

[Kyle1886]

Okay, found the following as it pertains to a gun violence RO. I'll assume it may apply to most RO's until I find something that differs gun violence RO's from other types.

You are required to surrender all firearms, ammunition, and magazines that you own or possess

Respectfully
Kyle

[Mark49]

It really kinda shocks that our taxpayers' dollars support attempting to advise non lawful TRO's to muddy up an eviction or other possession issues, these matters are all to be heard in UD Court.

And in the old days, the court had the right to refuse many TRO's on baseless claims.

Any of us law abiding citizens could be subjected to an attempted TRO.

Your dog pooped on your neighbor's yard

Jilted X girlfriends or boyfriends for just asking them to shut up

I pisssed off driver who flipped you off

All of this was unheard of 10 years ago...

Don't get me wrong, I'm all in favor of the legit "You beat the hell out of your wife/girlfriend and convicted", but the new world we live in, you best not fart in the car with someone you may not trust.

FYI. I have NEVER HAD A TRO and our company retains a civil attorney. Several attempts by lowlifes to our staff by advice from Legal Aid and the free court advisors that gift them .... Attorney is the best advice i can offer all my fellow calgunners.