Section 29825 Of Article 1. Prohibitions On Firearm Access From California Penal Code >> Division 9. >> Title 4. >> Part 6. >> Chapter 2. >> Article 1.
29825
. (a) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that the person is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil
Procedure, a protective order as defined in Section 6218 of the
Family Code, a protective order issued pursuant to Section 136.2 or
646.91 of this code, or a protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code, is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(b) Every person who owns or possesses a firearm knowing that the
person is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of
the Code of Civil Procedure, a protective order as defined in Section
6218 of the Family Code, a protective order issued pursuant to
Section 136.2 or 646.91 of this code, or a protective order issued
pursuant to Section 15657.03 of the Welfare and Institutions Code, is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(c) If probation is granted upon conviction of a violation of this
section, the court shall impose probation consistent with Section
1203.097.
(d) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that a firearm owned or possessed by the person shall be relinquished
to the local law enforcement agency for that jurisdiction, sold to a
licensed firearms dealer, or transferred to a licensed firearms
dealer pursuant to Section 29830 for the duration of the period that
the protective order is in effect, and that proof of surrender or
sale shall be filed within a specified time of receipt of the order.
The order shall state the penalties for a violation of the
prohibition. The order shall also state on its face the expiration
date for relinquishment.