Cal. R. 5.495
Cal. R. Ct. 5.495
Advisory Committee Comment
When issuing a family or juvenile law domestic violence protective order as defined in Family Code section 6218 or Welfare and Institutions Code section 213.5, ex parte or after a noticed hearing, the court is required to order a restrained person "to relinquish any firearm in [that person's] immediate possession or control or subject to [that person's] immediate possession or control." (Fam. Code, § 6389(c)(1).) Several mandatory Judicial Council forms-Temporary Restraining Order (form DV-110), Restraining Order After Hearing (form DV-130), and Notice of Hearing and Temporary Restraining Order-Juvenile (form JV-250)-include mandatory orders in bold type that the restrained person must sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms within his or her immediate possession or control within 24 hours after service of the order and must file a receipt with the court showing compliance with the order within 48 hours of receiving the order. California law requires personal service of the request for and any temporary protective order at least five days before the hearing, unless the court issues an order shortening time for service. Therefore, by the date of the hearing, the restrained person should have relinquished, stored, or sold his or her firearms and submitted a receipt to the court.
Courts are encouraged to develop local procedures to calendar firearm relinquishment review hearings for restrained persons.
Section (f) of this rule restates existing law on the safety and welfare of children and family members and recognizes the safety issues associated with the presence of prohibited firearms.
Although this rule does not require the court to compel a restrained person to testify, the court may wish to advise a party of his or her privilege against self-incrimination under the Fifth Amendment to the United States Constitution. The court may also consider whether to grant use mmunity under Family Code section 6389(d).
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