Legal Question in Criminal Law in California

Re: Firearm Possession

Any firearms must be completely outside your control, such as in a locked safe you have no access or combination to. Subpoena can be issued in a lawsuit for most records if relevant to the action.

Re: Firearm Possession

Most restraining orders forbid the person restrained from possessing firearms. Possession is not the same thing as ownership, and it is possible for several people to simultaneously possess the same object regardless of who owns it. Depending upon the specific facts, you may be deemed to be in possession of firearms owned by someone else if they are in your home.

Mr. Nelson may well be correct that ensuring you had no access to the firearms would satisfy the order, but these things are subject to interpretation. After all, even if the guns are locked in a secure rack bolted to the wall, you own the wall and could have the rack removed. This seems like a risk you should avoid if at all possible.

As to the issue of medical records, the answer is yes. You may subpoena medical records if they are relevant to the issues in your case. There are procedures you must follow to ensure that the patient -- especially if he or she is a non-party -- is aware of the subpoena and has an opportunity to challenge it. Courts try to protect people's privacy where they can, so you may have to prove that your need for the records outweighs the patient's interest in keeping them confidential.