What is a Gun Violence Restraining Order in San Diego

The issue of gun violence is extremely controversial, and, with more than 30,000 deaths and 60,000 injuries caused each year by guns in the U.S., it’s one that is deeply rooted in our culture, which is why measures are being taken to mitigate gun-related crimes across the United States. However, while gun violence restraining orders in San Diego are being touted as a means of avoiding situations that could potentially turn violent, many find these laws unconstitutional, allowing law enforcement to strip individuals of their Second Amendment rights simply on the basis of unproven allegations. If you have been served with a gun violence restraining order in San Diego, or if you have been charged with violating a domestic violence restraining order, call San Diego Domestic Violence Attorney, today at (619) 430-2355 to speak to a knowledgeable domestic violence attorney about your legal options.

A Gun Violence Restraining Order Explained

A gun violence restraining order, also known as a firearms restraining order, is a civil court order that prohibits an individual from owning, purchasing, possessing or receiving any firearms or ammunition. Under California Penal Code § 18150, any close family member or law enforcement agency can file a petition requesting that the court issue a gun violence restraining order against you, if they have reason to believe you may injury yourself, or another person, with a firearm. According to California law, a close family member includes:

• Your spouse or domestic partner
• Your parents, siblings, children, grandparents, grandchildren, and their spouses (including step-parents or step-grandparents)
• Your spouse’s parents, siblings, children, grandparents and grandchildren
• Any person who regularly lives in your home now, or did within the last six months

In some cases, a person not closely related to you can have a gun violence restraining order filed against you, even if a close family member cannot or will not, but only if the police find that the grounds exist and file the petition in court.

Consequences of a Gun Violence Restraining Order

If an immediate family member or law enforcement agency requests a temporary gun violence restraining order, the order will be effective immediately if granted, based only on the facts included in the petition. If the court issues a temporary gun violence restraining order against you, it will be in effect until your court hearing, which is about 21 days. At the court hearing, if the judge decides to extend the orders, the gun violence restraining order will last for one year, at which point it can be renewed by the court in one-year increments. In accordance with Section 18120 of the California Penal Code, a gun violence restraining order can order a person to:

• Not have a gun or ammunition;
• Not buy a gun or ammunition; and
• Turn in any guns or ammunition to the police or sell them to a licensed gun dealer

Unlike a domestic violence restraining order, a firearms restraining order cannot order you to stay away from your family members, refrain from contacting your family members, or move out of your home, although these orders can be sought by a family member if he or she believes personal protection is necessary. Once a gun violence restraining order is issued by the court, it is entered into a statewide computer system, which alerts law enforcement officers across the state of California that a restraining order is in place. A CA gun violence restraining order is effective anywhere in the United States, and if you move out of California, you will be required to alert local authorities about the restraining order.

How to Defend Yourself Against a Gun Violence Restraining Order

In order to convince the judge to grant a gun violence restraining order against you, your close family member will have to provide specific information about the firearms you own, where they are kept, and how you pose a significant danger to yourself or others around you by having these firearms in your custody or control. This may bring to light any threat of violence you’ve made in the past, or any violent crime you have committed, and may include evidence that you violated a protected order or that you abuse alcohol or drugs. This information will be used as evidence that you are a danger to yourself and/or others, and can affect your personal freedoms and constitutional rights for years to come, even if it isn’t true. According to California Penal Code § 18200, any person who files a petition for a gun violence restraining order using false information or with the intent to harass is guilty of a misdemeanor offense. Still, barring any blatant lack of evidence, the court is likely to err on the side of caution and grant the restraining order against you.

Violating a Gun Violence Restraining Order

A gun violence restraining order is a civil court order, and having this type of order filed against you in court doesn’t necessarily mean you’ll face criminal charges. However, if you violate these orders, you will be arrested and may be charged with a crime, which can have lasting consequences. Under California Penal Code § 18205, violating a gun violence restraining order is a misdemeanor offense, and if you do so, you will be prohibited from owning, purchasing, possessing or receiving a firearm or ammunition for a period of five years. If you have a domestic violence restraining order filed against you requiring that you relinquish your firearms to local law enforcement or sell them to a licensed gun dealer, and you knowingly own or possess a firearm during this time, you face a misdemeanor offense, punishable by up to one year in county jail and a maximum fine of $1,000. If you purchase, receive or attempt to purchase or receive a firearm during this time, which is considered a “wobbler” offense in California, you could be charged with a misdemeanor and face the same penalties, or be charged with a felony, which carries a maximum $1,000 fine and up to three years in state prison.

In light of these serious consequences, if you have had a gun violence restraining order filed against you, it’s imperative that you fully understand the requirements of the restraining order so you don’t risk violating it. If you violate a restraining order in San Diego, you have a number of options for your legal defense strategy, including the following:

• Illegal issuance – The judge didn’t legally issue the restraining order, meaning you can’t be charged with violating the order.
• Lack of knowledge – If you didn’t know about the restraining order, you can’t be convicted of intentionally violating it.
• Lack of intent – Even if you knew about the restraining order, but didn’t realize you were in violation of that order, you shouldn’t be held criminally responsible for the violation.
• False allegations – If someone falsely claims that you violated a gun violence restraining order, you can’t face criminal charges for the violation.

Free Domestic Violence Consultation in San Diego

A gun violence restraining order often results from a domestic violence incident or series of incidents where an intimate partner or member of your family feels your possession of a gun or ammunition poses a significant threat to yourself or someone else. Unfortunately, some people use restraining orders as a means of controlling, harassing, influencing or gaining leverage over another person, and a fraudulent gun violence or domestic abuse claim may result in you having your firearms taken away from you for no reason, among other significant consequences. If you have had a gun violence restraining order brought against you in San Diego, or if you have been charged with violating a restraining order, don’t hesitate to enlist the help of a qualified CA criminal defense attorney. Call San Diego Domestic Violence Attorney, today for a free domestic violence consultation.