§ 18125. — 18125. (Amended by Stats. 2018, Ch. 898, Sec. 7.)

California § 18125.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 3.2.
• Title: 2.
• Part 6.: DIVISION 3.2. Gun Violence Restraining Orders
• Ch. 2.: CHAPTER 2. Temporary Emergency Gun Violence Restraining Order

Text

(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.

Legislative History

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