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If you are charged with certain crimes or are the subject of a restraining order you will be probibited from owning or possessing firearms.  Pursuant to Penal Code section 29800, The California Department of Justice provides a form for individuals who are prohibited under the law from possessing firearms such as 1. any person who was convicted of a felony, a specified misdemanor, or a specific firearms offense.  2. Any person who is addicted to Narcotics; 3. any person who is the subject to a protective order; or 4. any person who was found bya  court or menatl health facility to have certain mental disabilities.  There is a list on the DOJ website of all people prohibited from owning or possessing firearms.  

The exact duration of the prohibitions vary and there could be subject to federal law which may or may not be more restrictive than the states restrictions.  

The prohibition against firearm possession is effective immediately upon the occurence of the prohibition even sucha s the date of the conviction or the date when a protective order is issued.  and that prohitbition requires immediate relinquishement of all firearms.  

There is a form that gives the person a power of Attorney over firearms The form helps people who are prohibited from owning firearms to transfer the firearms, relinquish or sell the firearms on behalf of the person so that the person prohibited from owning the firearm can sell or get rid of the firearms on behalf of the other person.  

This doesnt transfer ownership but instaed gives the other person the power to deal with the firearms.  

A person subject to a protective order (as defined in Family Code section 6218) is subject to special rules.

1.  Within 24 hours of being served wiht notice of the protective order, surrrender all firearms to the control of local law enforcement officials, or sell the firearms  to a local licesnsed gun dealer immediately or transfer to a licensed gun dealer.  and immediately surrender the gun to law enforcement officer upon the officers request.   Family code section 6389 sub c 2.

2.  Within 48 hours of recieving the order, provide proof to the court that issued the order that all firearms have been relinquished.  

if a person has a power of attorney for firearms relinquishment, sale or must relinquish the firearms to local law enforcement officials, or sell the firearms, to a licensed gun dealer on behalf of the gun owner within the times set forth above so that the gun owner is able to comply with the law.  

in other cases that do not involve a protective order but or a more specific court order the person with the power of attorney for firearm relinquishement, sale or disposal, must do one of the following: 

1. Take the firearm to a licnesed firearm dealer so that it can be sold or transferred.

2. Surrender the firearm to a California law enforcement agency so that it can be held for the purpose of safekeeping. 

3. Surrender the firearm to the California law enforcement agency for the purposes of destruction. 

4. Under no circumstances does the transfer to a power of Attorney allow the person to possess firearms past the 30 day period. 

special rules apply to assault weapons.  

If you have any more questions please call us 559-441-1418.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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