Chapter 2 - Temporary Emergency Gun Violence Restraining Order

California Penal Code — §§ 18125-18148

Sections (6)

Amended by Stats. 2018, Ch. 898, Sec. 7. (SB 1200) Effective January 1, 2019.

(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:

(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have

been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.

(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and shall expire 21 days from the date the order is issued.

§ 18130

Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.

A temporary emergency gun violence restraining order is valid only if it is issued by a judicial officer after making the findings required by Section 18125 and pursuant to a specific request by a law enforcement officer.

§ 18135

Amended by Stats. 2018, Ch. 898, Sec. 8. (SB 1200) Effective January 1, 2019.

(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:

(1)A statement of the grounds supporting the issuance of the order.

(2)The date and time the order expires.

(3)The address of the superior court for the county in which the restrained party resides.

(4)The following statement:

“To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, ammunition, and

magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.”

(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.

§ 18140

Amended by Stats. 2020, Ch. 286, Sec. 1. (AB 2617) Effective January 1, 2021.

A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:

(a)If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.

(b)Serve the order on the restrained person, if the restrained person can reasonably be located.

(c)File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.

(d)Have the order entered into the

computer database system for protective and restraining orders maintained by the Department of Justice.

§ 18145

Amended by Stats. 2018, Ch. 873, Sec. 2. (AB 2526) Effective January 1, 2019.

(a)(1) A judicial officer may issue a temporary emergency gun violence restraining order orally based on the statements of a law enforcement officer made in accordance with subdivision (a) of Section 18140.

(2)If time and circumstances

permit, a temporary emergency gun violence restraining order may be obtained in writing and based on a declaration signed under penalty of perjury.

(b)The presiding judge of the superior court of each county shall designate at least one judge, commissioner, or referee who shall be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session.

§ 18148

Added by Stats. 2018, Ch. 898, Sec. 9. (SB 1200) Effective January 1, 2019.

Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.