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.
In Roseville, California, an Order to Surrender Firearms can be obtained in domestic violence cases under various legal statutes, including the California Law Enforcement Telecommunications System (LETS), Criminal Protective Orders (CPO), and specifically Penal Code, Section 136.2(a)(7)(B). This detailed description aims to provide information about the different types of Orders surrendering Firearms that can be issued in domestic violence cases in Roseville, California. Under Penal Code, Section 136.2(a)(7)(B), a specific provision is dedicated to prohibiting individuals subject to a domestic violence restraining order from owning or possessing firearms and ammunition. This section empowers the court to order the immediate surrender of firearms as part of a comprehensive safety plan to protect the alleged victim in a domestic violence case. The procedure for obtaining an Order to Surrender Firearms in Roseville begins with the victim filing for a domestic violence restraining order at the courthouse. During the court hearing, the petitioner should provide compelling evidence, supported by documented incidents or credible witnesses, to convince the judge of the necessity for a firearm surrender order. It's essential to note that there are two main types of Orders surrendering Firearms in domestic violence cases in Roseville, California: Temporary and Permanent. 1. Temporary Order to Surrender Firearms: A Temporary Order to Surrender Firearms is issued by the court when immediate action is required to protect the alleged victim. This type of order is granted based on a preliminary evaluation of the evidence and can be obtained during an emergency ex parte hearing, without the accused individual being present. It is enforceable for a specific period, typically between 20 and 30 days, during which the accused must surrender all firearms and ammunition to law enforcement or a licensed gun dealer. 2. Permanent Order to Surrender Firearms: A Permanent Order to Surrender Firearms is granted by the court after a full hearing, where both parties have an opportunity to present evidence and arguments. If the judge determines that the restraining order should be upheld, they can issue a permanent order requiring the accused to surrender all firearms and ammunition. This order remains valid until it is modified or terminated by a subsequent court order. Compliance with the Order to Surrender Firearms is strictly monitored in Roseville through the LETS, a secure statewide computer network accessible to law enforcement agencies. Once an order is issued, it is entered into the system, allowing officers to verify the firearm surrender status during routine stops, home visits, or other interactions with the accused individual. It is crucial for individuals subject to a Roseville Order to Surrender Firearms to fully comply with the court's instructions within the specified timeline. Failure to surrender firearms as ordered can result in severe penalties, including potential criminal charges for contempt of court. In conclusion, Roseville, California employs the LETS system and legal provisions such as Penal Code, Section 136.2(a)(7)(B), to facilitate the issuance and enforcement of Orders surrendering Firearms in domestic violence cases. These orders play a crucial role in ensuring the safety and protection of alleged victims by temporarily or permanently removing firearms and ammunition from individuals who pose a threat.In Roseville, California, an Order to Surrender Firearms can be obtained in domestic violence cases under various legal statutes, including the California Law Enforcement Telecommunications System (LETS), Criminal Protective Orders (CPO), and specifically Penal Code, Section 136.2(a)(7)(B). This detailed description aims to provide information about the different types of Orders surrendering Firearms that can be issued in domestic violence cases in Roseville, California. Under Penal Code, Section 136.2(a)(7)(B), a specific provision is dedicated to prohibiting individuals subject to a domestic violence restraining order from owning or possessing firearms and ammunition. This section empowers the court to order the immediate surrender of firearms as part of a comprehensive safety plan to protect the alleged victim in a domestic violence case. The procedure for obtaining an Order to Surrender Firearms in Roseville begins with the victim filing for a domestic violence restraining order at the courthouse. During the court hearing, the petitioner should provide compelling evidence, supported by documented incidents or credible witnesses, to convince the judge of the necessity for a firearm surrender order. It's essential to note that there are two main types of Orders surrendering Firearms in domestic violence cases in Roseville, California: Temporary and Permanent. 1. Temporary Order to Surrender Firearms: A Temporary Order to Surrender Firearms is issued by the court when immediate action is required to protect the alleged victim. This type of order is granted based on a preliminary evaluation of the evidence and can be obtained during an emergency ex parte hearing, without the accused individual being present. It is enforceable for a specific period, typically between 20 and 30 days, during which the accused must surrender all firearms and ammunition to law enforcement or a licensed gun dealer. 2. Permanent Order to Surrender Firearms: A Permanent Order to Surrender Firearms is granted by the court after a full hearing, where both parties have an opportunity to present evidence and arguments. If the judge determines that the restraining order should be upheld, they can issue a permanent order requiring the accused to surrender all firearms and ammunition. This order remains valid until it is modified or terminated by a subsequent court order. Compliance with the Order to Surrender Firearms is strictly monitored in Roseville through the LETS, a secure statewide computer network accessible to law enforcement agencies. Once an order is issued, it is entered into the system, allowing officers to verify the firearm surrender status during routine stops, home visits, or other interactions with the accused individual. It is crucial for individuals subject to a Roseville Order to Surrender Firearms to fully comply with the court's instructions within the specified timeline. Failure to surrender firearms as ordered can result in severe penalties, including potential criminal charges for contempt of court. In conclusion, Roseville, California employs the LETS system and legal provisions such as Penal Code, Section 136.2(a)(7)(B), to facilitate the issuance and enforcement of Orders surrendering Firearms in domestic violence cases. These orders play a crucial role in ensuring the safety and protection of alleged victims by temporarily or permanently removing firearms and ammunition from individuals who pose a threat.
