Family Code § 6389: Firearms Relinquishment in California Domestic Violence Cases
Quick Answer: California Family Code § 6389 mandates that any person subject to a domestic violence restraining order, whether temporary or permanent, relinquish all firearms and ammunition within 24 hours of being served. Proof of relinquishment must be filed with the court using Form DV-800 within 48 hours. Firearms must be surrendered to law enforcement or transferred to a licensed dealer. Private transfers are not permitted. Failure to comply is a criminal offense and can accelerate a civil family law matter into a criminal prosecution.
If you have been served with a domestic violence restraining order and have questions about your firearms obligations, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
Why Family Code § 6389 Demands Immediate Attention
Domestic violence restraining orders in California carry numerous legal consequences, including stay-away requirements, custody restrictions, and move-out orders. Among these, the firearms relinquishment obligation under § 6389 is the one most likely to generate criminal exposure when not handled correctly.
The firearms requirement is mandatory, not discretionary. The court has no authority to exempt a restrained party from it based on personal circumstances, professional need, or the party's belief that the underlying allegations are unfounded. The obligation attaches upon service of the order and must be completed within a strict, non-negotiable timeline.
Many violations of § 6389 occur not because the restrained party made a deliberate choice to retain firearms, but because of delay, confusion about the procedure, misunderstanding about what constitutes compliance, or failure to understand that filing proof of compliance is itself a mandatory step. Each of these errors carries the same legal consequences as willful non-compliance.
What Family Code § 6389 Prohibits
Once a domestic violence restraining order is served on the restrained party, § 6389 prohibits that person from:
Owning any firearm or ammunition
Possessing any firearm or ammunition
Purchasing or attempting to purchase any firearm or ammunition
Receiving or attempting to receive any firearm or ammunition
These prohibitions apply for the entire duration of the restraining order. They apply equally to temporary restraining orders and permanent restraining orders. The nature of the firearm, whether it is a handgun, rifle, shotgun, antique, inherited weapon, or collector's item, does not affect the obligation. Ammunition includes bullets, cartridges, loaded magazines, and related components.
The 24-Hour Relinquishment Deadline
From the moment the restrained party is served with the domestic violence restraining order, they have 24 hours to relinquish all firearms and ammunition. This deadline is absolute. The statute does not recognize extensions for inconvenience, logistical difficulty, or uncertainty about the procedure.
Relinquishment must occur through one of two channels:
Surrender to law enforcement. The restrained party may take all unloaded firearms and ammunition to the local police department or sheriff's office. The firearms must be unloaded for transport. The law enforcement agency will provide documentation of the surrender, which is required for Form DV-800.
Sale or transfer to a licensed firearms dealer. The restrained party may transfer all firearms to a licensed dealer for sale or storage. The dealer must be licensed under applicable California and federal law. The dealer will provide documentation of the transfer.
Private transfers are not permitted. Handing firearms to a family member, friend, neighbor, or any other private individual does not constitute compliance with § 6389, even if the arrangement is described as temporary, for safekeeping, or in connection with an estate or inheritance situation. The law provides only two compliant channels: law enforcement and licensed dealers.
A restrained party who transfers firearms to a family member believing this constitutes compliance remains in violation of § 6389 and faces the same criminal consequences as a party who simply retained the firearms.
The 48-Hour Proof Filing Deadline and Form DV-800
Relinquishing firearms is only half of the compliance obligation. The restrained party must also file proof of that relinquishment with the court. Compliance is not legally complete until the proof is filed.
The required proof is Judicial Council Form DV-800, Proof of Firearms Turned In, Sold, or Stored. This form must be filed with the court within 48 hours of service of the restraining order.
Completing Form DV-800 Correctly
Form DV-800 must be completed accurately and completely. Common errors that result in a finding of non-compliance include:
Filing without receipts. The form must be accompanied by written documentation of the relinquishment, typically a receipt from the law enforcement agency or a signed acknowledgment from the licensed dealer. Filing the form without this supporting documentation is one of the most frequent compliance failures and may result in the court treating the relinquishment obligation as unmet.
Insufficient identification of the receiving agency or dealer. The form must identify where the firearms were surrendered or transferred. Vague descriptions are not sufficient.
Inaccurate description of what was relinquished. The form must account for each firearm and all ammunition. Omitting a firearm from the form creates ongoing legal exposure for the omitted item.
Filing without serving the protected party. After the form is filed with the court, a copy must be served on the protected party or their attorney of record. Proof of that service must also be provided. Even complete and accurate relinquishment can be treated as procedurally deficient if proof of service is missing.
If You Have No Firearms or Ammunition
If the restrained party does not own or possess any firearms or ammunition, they cannot file a DV-800 because there is nothing to relinquishment. In this situation, the restrained party must file a written declaration under penalty of perjury with the court attesting that they do not own or possess any firearms or ammunition. This declaration substitutes for the DV-800. Filing a false declaration is a separate criminal offense.
What Qualifies as a Firearm Under § 6389?
The statute's definition of firearm is broad. It includes:
Handguns and pistols
Rifles and carbines
Shotguns
Any device designed or intended to be used as a weapon that expels a projectile by force of combustion
Specific categories that do not provide exemptions include:
Antique firearms. A firearm's age or historical significance does not exempt it from the relinquishment requirement.
Inherited weapons. Firearms received as part of an inheritance must be relinquished in the same manner as any other firearm.
Stored or rarely used firearms. A firearm kept in storage, in a gun safe, or at a secondary location under the restrained party's control remains subject to the obligation.
Firearms registered to someone else but accessible to the restrained party. The obligation turns on possession and control, not formal registration.
Enforcement Authority Under § 6389
The statute grants California courts authority to order law enforcement to search for and seize firearms when there is probable cause to believe the restrained party has failed to comply. This search authority can extend to:
The restrained party's primary residence
Any secondary residence or property under their control
Vehicles registered to or regularly used by the restrained party
Any other location where firearms are believed to be stored
A compliance hearing, typically scheduled within one to two weeks of the issuance of the restraining order, provides the court with a formal opportunity to verify that the restrained party has met all of their § 6389 obligations. Failure to appear at the compliance hearing, failure to produce Form DV-800 and receipts, or any indication that firearms have not been fully relinquished can trigger the court's search authority in addition to contempt and criminal referral.
Criminal Consequences of Non-Compliance
Violations of § 6389 carry criminal consequences under both California and federal law.
California criminal law. Retaining a firearm in violation of a domestic violence restraining order may be charged as a misdemeanor or felony depending on the circumstances. Penalties include jail time, fines, and a permanent prohibition on future firearm possession.
Federal criminal law. Under 18 U.S.C. § 922(g)(8), it is a federal crime for a person subject to a qualifying domestic violence restraining order to possess a firearm or ammunition. Federal firearms offenses are prosecuted separately from any California criminal charge and carry significant potential prison sentences.
The civil case is affected. A restrained party who violates § 6389 demonstrates to the family court that they do not comply with court orders. This affects their credibility across all issues in the underlying case, including custody determinations under Family Code § 3044 and the court's overall assessment of their fitness and trustworthiness.
Employment-Related Firearms: No Automatic Exemption
Law enforcement officers, private security professionals, armed guards, and others whose employment requires them to carry a firearm are not automatically exempted from § 6389. A domestic violence restraining order triggers the firearms prohibition regardless of the restrained party's occupation.
An employment-related exemption requires specific findings by the court and must be addressed immediately, ideally at the hearing at which the restraining order is issued or at the earliest possible opportunity thereafter. In the absence of specific court findings authorizing an exemption, the restrained party must comply with the general relinquishment requirement.
For law enforcement officers subject to a domestic violence restraining order, the career implications are severe. Both state and federal law disqualify individuals subject to qualifying restraining orders from possessing firearms, which directly affects their ability to perform their duties. These professionals should consult experienced legal counsel immediately upon service of any domestic violence restraining order.
Duration of the Firearms Prohibition and Restoration of Rights
The firearms prohibition under § 6389 remains in effect for the entire duration of the restraining order. A temporary restraining order, typically in effect for 21 days until the permanent order hearing, triggers the same relinquishment obligation as a permanent order. A permanent restraining order can last up to five years and is renewable.
When the restraining order expires or is terminated, firearm rights are not automatically restored. The restrained party must take affirmative steps under both California and federal law to confirm that they are again eligible to possess firearms. These steps may include verification through law enforcement databases and, in some cases, formal legal proceedings.
Additionally, if the underlying domestic violence matter resulted in a criminal conviction, a separate and permanent firearms prohibition may apply under California and federal domestic violence conviction statutes, regardless of whether the civil restraining order has expired.
Frequently Asked Questions
Can I transfer my firearms to my spouse or domestic partner? No. Transfers to any private individual, including a spouse or domestic partner, are not permissible under § 6389. Firearms must be surrendered to law enforcement or transferred to a licensed dealer.
What if my firearms are stored at a gun range or in a locked safe outside my home? Firearms under your constructive control, meaning you have access to them or the ability to retrieve them, are subject to the relinquishment requirement regardless of where they are physically located. You cannot satisfy the obligation by simply ensuring the firearms are not in your immediate residence if you retain the ability to access them.
What if I forget to include one firearm on Form DV-800? Each unaccounted-for firearm represents a continuing violation of § 6389. If you discover an omission after filing, consult your attorney immediately about how to address the error before it is identified by law enforcement or the court.
Does compliance with § 6389 affect the outcome of the underlying domestic violence case? Compliance demonstrates respect for court orders and may be viewed favorably by the court. Non-compliance is viewed very unfavorably and can affect the court's assessment of all issues in the case, including custody and credibility.
Can the protected party agree to let the restrained party keep firearms? No. The protected party's consent does not override the court's order under § 6389. The firearms prohibition is a court-ordered safety measure, and only the court has authority to modify or exempt a restrained party from it.
Speak With a California Family Law Attorney
The firearms relinquishment obligation under Family Code § 6389 is one of the most consequential and time-sensitive requirements in California domestic violence law. Errors in compliance, including delays, incomplete relinquishment, or failure to file Form DV-800 with proper documentation, can transform a civil family law matter into a criminal prosecution. The Geller Firm represents clients across California in domestic violence restraining order proceedings, firearms compliance matters, and related custody and family law issues.
We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.