If a law enforcement agency holds your firearm, you apply to the California Department of Justice for an eligibility determination through the California Firearms Application Reporting System (CFARS), then present the approval notice to the agency. State law says the agency must return a relinquished firearm within five days after the order expires, but the return is governed by the Penal Code’s release process, and the Department of Justice has 30 days to complete its background check, longer if circumstances beyond its control delay it. In practice, apply promptly once the order has ended.

The return is conditional, not automatic

A domestic violence restraining order’s firearm terms come from Family Code section 6389. Civil harassment, workplace violence, postsecondary school violence, elder or dependent adult abuse, and criminal protective orders use Code of Civil Procedure section 527.9. Both say that when the order expires, the local law enforcement agency “shall return” the surrendered firearm within five days, unless it determines that the firearm was stolen, that you are in a class of people prohibited from possessing firearms, or that another restraining order has been issued against you under the same section (6389(g); 527.9(e)). A stolen firearm goes back to its lawful owner on proof of ownership. If you are the legal owner but prohibited from possessing it, you are entitled to sell or transfer it to a licensed dealer. For how long these orders last in the first place, see permanent restraining orders.

The release process controls the timing

Both statutes say the return is governed by the Penal Code chapter that begins with section 33850 (6389(l)(2); 527.9(j)(2)). Under Penal Code section 33850, a person who claims title to a firearm held by a court or law enforcement agency and wants it back must apply electronically through CFARS. The application asks for, among other things, your identifying information and driver’s license or ID number, the firearm’s make, model, caliber, barrel length, type, country of origin, and serial number, and the name of the agency holding it. Knowingly giving false information, or knowingly leaving out required information, is a misdemeanor.

The fee set by Penal Code section 33860 is $20 per request plus $3 for each additional firearm, and the department reviews it every year. Once the department has a completed application and the fee, Penal Code section 33865 gives it 30 days to finish the background check unless circumstances beyond its control delay it. If you are eligible, you receive written notice and the department records the firearm in its Automated Firearms System. If you are denied, CFARS explains the reason and the appeal process, and for an otherwise legal firearm you receive a form to sell or transfer it to a licensed dealer.

Penal Code section 33855 bars the agency from returning the firearm until you present the eligibility notice and, if the agency has direct access to the Automated Firearms System, it has confirmed the firearm is not listed as stolen and is recorded in your name. The Department of Justice’s Law Enforcement Release guidance says the notice must be presented within 30 days of its date; after that it expires, and you would need a new application and new fees. The same guidance says that for a long gun bought before January 1, 2014 and never recorded in your name, you should also submit a Firearms Ownership Report with its fee. The holding agency may also charge a storage fee, limited to its actual cost (6389(e); 527.9(c)).

Why applying early can backfire

The five-day return rule and the 30-day check do not line up, but applying early is not a shortcut. The check asks whether you are eligible to possess a firearm, and while the order is in effect you are not (6389(a); 527.9(e)). An application checked before the order expires therefore risks a denial, and a new application means a new fee. The practical course is to apply promptly after the order expires and to plan around the department’s 30-day check, not a five-day return.

Other ways it can end

  • Selling instead. Under section 33850(b), if you have title to an otherwise legal firearm and do not want it back, you can sell or transfer title to a licensed dealer or to a third party who is not prohibited from possessing it, following Penal Code section 27545 for a third-party transfer.
  • Stored with a dealer. If you relinquished the firearm to a licensed dealer for storage under Penal Code section 29830 rather than to law enforcement, the dealer returns it under that section’s dealer procedures, not the release application described here, and may charge a reasonable storage fee.
  • Never claimed. For a domestic violence restraining order, Family Code section 6389(k) says unclaimed property is disposed of under Penal Code section 1413, so a firearm you never claim may not be held for you indefinitely.

A separate ban can still block the return

An expired order does not end a prohibition that comes from somewhere else. If you are in a prohibited class, for example because of a conviction, the agency can refuse to return the firearm and the Department of Justice can deny the application (6389(g); 527.9(e)). The domestic violence and unlawful possession of firearms pages cover that separate exposure.

Practical steps

  • Confirm the order’s expiration date, and apply through CFARS promptly after it passes.
  • Have your identification and the firearm’s details ready; your relinquishment receipt can help identify the firearm.
  • Budget the $20 fee, $3 for each additional firearm, and any storage fee.
  • Take the eligibility notice to the agency within 30 days of its date.
  • If you are denied, read the stated reason and the appeal information before deciding whether to appeal or to sell or transfer.

The Law Offices of David S. Chesley can review your order and the release process that applies to you. Call (800) 755-5174.