I've received a restraining order & one of the order it to sell or turn in my guns, how can I contest the sell/turn in of guns?

There is no Option 4 on the form because the answer would have to be something like, "Screw you, Judge, I don't care what you say, I'm keeping my guns, so the cops can come and arrest me for a violation of Penal Code 12021(g)(2),"

Possessing a gun while subject to a restraining order is a violation of Penal Code 12021(g)(2). It can be charged as either a felony or a misdemeanor. If you were convicted of a felony, you wouldn't be able to possess a firearm for the rest of your life, which would solve your dilemma for good.

You need to do two things:

1) Obey the order to turn in or sell your guns, and
2) Get a lawyer to fight the restraining order.

The temporary order is issued just on your ex's word. When you show up for court, the judge will set a hearing to decide whether to issue a long term restraining order.

If you go in with the attitude that you aren't going to obey orders from the beginning, things are far less likely to go your way in the long run.

If you cannot afford an attorney, you can ask the judge to appoint the Public Defender. Some of the best attorneys in the state work as Public Defenders (though they tend to have heavy caseloads and can't always give clients the personal attention they want).

If you are charged in Federal court, the Federal Defender's office represents defendants who can't afford attorneys.

Since lawyers have nothing to sell but their time and experience, most can't afford to give much of it away. Those who do provide some pro bono service usually do it through organized programs, not to random people who just call on the phone.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

I agree with Attorney Marshall's answer in just about everything (well written and thorough), but would add one caveat, you haven't make it clear if it is a civil domestic violence restraining order (you just have a hearing date) or if it's a restraining order related to an actual criminal case (i.e. you were arrested) - if it's NOT criminal, then you wouldn't be appointed a public defender - so don't expect one - you may need to get your own if it's civil.

Good luck with your situation.

Matthew Williamson

The other two answers are concise and very well done. I would only add that you may want to inquire with a lawyer about the Supreme Court case of D.C. v. Heller. My review of the case leads me to believe that this may be a ripe area to attack the gun restriction in a DV TRO.

In Heller, the SCOTUS held that D.C.'s law prohibiting the ownership of guns is unconstitutional under the 2d Amendment. The exceptions to 2d Amendment gun prohibitions had to do with felons, not with those accused of misdemeanor DV or subject to civil DV TROs.

It is probably a long shot, but may be worth it.

Edward J. Blum