This is an official form which complies with all applicable California laws and statutes. It orders the defendant in a criminal domestic violence case to surrender any firearms in his/her possession for the duration specified and if no date is specified, then this order expires 3 years from the date of the order.
This order is to be used only when the court orders firearms relinquishment but does nto make any other protective or restraining orders. Do not use this form in conjunction with other Criminal Protective Orders.
Concord, California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) In the state of California, when it comes to domestic violence cases, there are specific laws and measures in place to ensure the safety of victims. One crucial component is the issuance of an Order to Surrender Firearms (OSF) in accordance with the California Law Enforcement Telecommunications System (LETS) and the Criminal Protective Order (CPO) under Penal Code, Section 136.2(a)(7)(B). This article will delve into the details of this order, its purpose, and how it works within the domestic violence context in Concord, California. An Order to Surrender Firearms is typically issued when there is a domestic violence restraining order in effect. It is aimed at preventing potential harm to the victim by temporarily removing firearms and ammunition from the possession of the person subject to the restraining order, as they are deemed to pose a significant risk. This order falls under Section 136.2(a)(7)(B) of the California Penal Code. There are different types of Orders surrendering Firearms that can be issued based on the severity of the domestic violence case and the level of danger involved. These include: 1. Emergency Protective Order (EPO): This is a temporary order that can be obtained by the victim or law enforcement at any time of the day or night. It is typically issued when a threat of immediate harm is present. Once the EPO is obtained, the restrained person must immediately surrender any firearms in their possession. 2. Temporary Restraining Order (TO): A TO is issued by a judge after a hearing to determine the need for long-term protection for the victim. If firearms are found to be possessed by the restrained person, the TO will include an Order to Surrender Firearms, requiring them to turn over any firearms to law enforcement within a specified timeframe. 3. Criminal Protective Order (CPO): A CPO is issued by the criminal court as a result of criminal charges being filed against the restrained person. It ensures the safety of the victim during the pending criminal proceedings. A CPO may also include an Order to Surrender Firearms, prohibiting the restrained person from possessing any firearms for the duration of the order. In Concord, California, the Order to Surrender Firearms is processed through LETS, which is a statewide computer network used by law enforcement agencies to share and access information related to domestic violence cases, restraining orders, and other law enforcement matters. This ensures that once an order is issued, all relevant authorized entities are promptly notified, and enforcement measures can take place. If a restrained person fails to comply with an Order to Surrender Firearms, they may face legal consequences and potential charges of contempt of court. Additionally, law enforcement may take immediate action to enforce the order and seize any firearms found in the restrained person's possession. In conclusion, the issuance of an Order to Surrender Firearms plays a crucial role in safeguarding victims of domestic violence in Concord, California. By temporarily removing firearms from individuals subject to restraining orders, the authorities aim to prevent further harm and promote the overall safety and well-being of those affected by domestic violence incidents.
