DV protective order: relinquish firearms and ammunition within 24 hours of service (if not surrendered to officer on request)
1 day after date and time the respondent was served with the protective order, under Cal. Fam. Code 6389(c)(2).
Rule text
6389(c)(2): "Alternatively, if a request is not made by a law enforcement officer, the relinquishment shall occur within 24 hours of being served with the order, by either surrendering the firearm or ammunition in a safe manner to the control of local law enforcement officials, or by selling, transferring, or relinquishing for storage pursuant to Section 29830 of the Penal Code, the firearm or ammunition to a licensed gun dealer ..."
Calculate this deadline
- Trigger (Date and time the respondent was served with the protective order): Friday, November 6, 2026.
- Exclude the trigger day and count 1 calendar days: Saturday, November 7, 2026.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, November 7, 2026.
Cal. Fam. Code 6389(c)(2)
6389(c)(2): "Alternatively, if a request is not made by a law enforcement officer, the relinquishment shall occur within 24 hours of being served with the order, by either surrendering the firearm or ammunition in a safe manner to the control of local law enforcement officials, or by selling, transferring, or relinquishing for storage pursuant to Section 29830 of the Penal Code, the firearm or ammunition to a licensed gun dealer ..."Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- HOURS-BASED: the period ends 24 hours after the time of service, i.e., the next calendar day at the same clock time; it does not roll for weekends or holidays. Modeled as 1 calendar day, roll none; read the time of service from the proof of service. If an officer requests surrender at service, relinquishment is immediate.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date and time the respondent was served with the protective order on Monday, March 15, 2027, personal service: due Tuesday, March 16, 2027, same clock time as service.
- Trigger (Date and time the respondent was served with the protective order): Monday, March 15, 2027.
- Exclude the trigger day and count 1 calendar days: Tuesday, March 16, 2027.
Notes
HOURS-BASED: the period ends 24 hours after the time of service, i.e., the next calendar day at the same clock time; it does not roll for weekends or holidays. Modeled as 1 calendar day, roll none; read the time of service from the proof of service. If an officer requests surrender at service, relinquishment is immediate.
Related deadlines
- Restraining order hearing must be held (TRO granted or denied) (21 days after)
- Restraining order hearing must be held (TRO granted or denied, good cause extension) (25 days after)
- Restraining order hearing must be held (no TRO requested) (21 days after)
- Restraining order: personal service on respondent before hearing (5 days before)
- Restraining order renewal: earliest date to request renewal (3 months before)
- Emergency protective order (EPO) expires at close of business on the 5th court day after issuance (or 7th calendar day, if earlier) (5 court days after)
- Emergency protective order (EPO) expires on the 7th calendar day after issuance (or 5th court day, if earlier) (7 days after)
- DV protective order: file firearm relinquishment receipt with the court and serving agency within 48 hours of service (2 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.