Family Law · Video Insight

What Happens to Your Guns If a Temporary Restraining Order Is Filed Against You in California?

A temporary restraining order can cost you your firearms before you have said a word in court — and "temporary" can mean months.

What to expect

  • What you must surrender, and to whom
  • Losing the right before your day in court
  • How long "temporary" really lasts

Once the restraining order is served upon you, you have to relinquish your firearms.

Tim Miranda explains what happens to a gun owner's firearms when a temporary restraining order is filed in California, where they go, and how long you may be without them.

Video insight

This content is for general educational purposes only and is not legal advice. Court procedures, timelines and circumstances vary by case and jurisdiction.

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What happens if a TRO — a temporary restraining order — is filed against me, and I'm a gun owner? Well, unfortunately, once the restraining order is served upon you, you have to relinquish your firearms. So you have to turn them in to the sheriff, or you have to turn them in to an FFL — a licensed firearms dealer — that will hold them in repository. That's going to cost you, and you're not going to have your gun. So without even having your day in court, while this is just temporary, and while it was decided in the back room at the courthouse and you didn't even get to give a response or a defense, you're going to lose that right to have those guns until such time as the court orders otherwise. How long could that take? That's another conversation. Some restraining orders are dealt with within 21 to 25 days. Oftentimes they result in an evidentiary hearing — they can take months. And you could be deprived of your Second Amendment right, legally, in California, for quite some time.

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What happens if a TRO — a temporary restraining order — is filed against me, and I'm a gun owner? Well, unfortunately, once the restraining order is served upo...

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