It does more than suspend it. If you hold a California concealed carry (CCW) license and become subject to a qualifying restraining or protective order, the local licensing authority must revoke the license once it determines you have become a “disqualified person,” whether or not you are charged with a crime. And while a domestic violence protective order is in effect, you cannot lawfully own or possess any firearm, license or not.

When a restraining order disqualifies you

A CCW license “shall be revoked by the local licensing authority if at any time the local licensing authority determines” that you have become a disqualified person under the standards in section 26202 (Penal Code section 26195(b)(1)(C)). The license must also be revoked if the Department of Justice tells your licensing authority that a state or federal firearm prohibition applies to you (26195(b)(2)).

Under Penal Code section 26202(a)(3), you are a disqualified person if you have “been subject to any restraining order, protective order, or other type of court order” issued under a specific list of laws, including:

  • An emergency protective order, or a Family Code domestic violence restraining order.
  • A civil harassment, workplace violence, or postsecondary school violence restraining order (Code of Civil Procedure sections 527.6, 527.8, or 527.85).
  • A criminal protective order or a gun violence restraining order (Penal Code sections 136.2 and 18100).
  • Specified elder or dependent adult abuse and juvenile court protective orders.

Two exceptions, and when they help

The restraining-order ground has two exceptions, and both apply only to an order that has ended. You are not disqualified by an order that “expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application” (26202(a)(3)). You are also not disqualified by an order that has ended if “the applicant did not receive notice and an opportunity to be heard before the order was issued” (26202(a)(3)). Because the five years are measured from when the licensing authority receives a completed application, these exceptions matter most when you apply for or renew a license. Neither helps while an order against you is still in effect.

You have to report it yourself

As a licensee, you “shall inform the local licensing authority that issued the license of any restraining order or arrest, charge, or conviction” of a crime referenced in section 26202 (Penal Code section 26195(c)). Failing to report is itself a ground for revocation (26195(b)(1)(D)). Separately, if the Department of Justice determines that you are prohibited from possessing a firearm, it must notify your licensing authority immediately, and no later than 15 days after that determination (26195(d)).

You can ask for a hearing

If your license is revoked because the licensing authority determined you are a disqualified person, the written notice must state the reason, tell you that you may request a court hearing, and include the Department of Justice’s hearing-request form (Penal Code section 26206(a)). You have 30 days after receiving the notice to request a hearing in the superior court of your county of residence. If you first use an appeal process your licensing authority offers (the statute allows an authority to require this), the 30 days run from notice that the appeal failed (26206(c)).

Once requested, “an applicant who has requested a hearing under this section shall be given a hearing” (26206(d)(1)). The district attorney, representing the People, must show by a preponderance of the evidence that you are a disqualified person (26206(d)(1), (e)). If that burden is not met, the court orders the license reinstated, as long as the Department of Justice confirms you are eligible to possess a firearm (26206(f)(2)). This procedure is written for disqualified-person determinations; a revocation based on a Department of Justice notice that you are prohibited from possessing firearms rests on a different ground (26195(b)(2)).

Your firearms while the order is in effect

The license question is separate from the order’s own firearm terms. While a domestic violence protective order is in effect, you may not own, possess, buy, or receive any firearm or ammunition (Family Code section 6389(a)), and owning or possessing a firearm knowing that such an order, or another listed order that includes a firearm prohibition, forbids it is a crime (Penal Code section 29825(b)). Do not carry under your license while such an order is in effect, even if no revocation notice has arrived. The order itself must state how and when to give up firearms and file proof (6389(f)). If you are instead facing a charge for carrying a concealed firearm without a valid license, see concealed firearm.

Next steps

Revocation turns on the licensing authority’s determination, and the 30 days to ask for a hearing start when you receive the notice. The criminal defense team at the Law Offices of David S. Chesley can look at your order, your license status, and whether either exception applies to you. Call (800) 755-5174 for help sorting out your options.