(a)
(1)The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce.
(2)In lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath.
(b)
(1)In determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
(A)A recent threat of violence or act of
violence by the subject of the petition directed toward another individual, group, or location.
(B)A recent threat of violence or act of violence by the subject of the petition directed toward themselves.
(C)A violation of an emergency protective order issued pursu
Free access — add to your briefcase to read the full text and ask questions with AI
(a)
(1)
The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce.
(2)
In lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath.
(b)
(1)
In determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
(A)
A recent threat of violence or act of
violence by the subject of the petition directed toward another individual, group, or location.
(B)
A recent threat of violence or act of violence by the subject of the petition directed toward themselves.
(C)
A violation of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code that is in effect at the time the court is considering the petition.
(D)
A recent violation of an unexpired protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code, or comparable
firearm-prohibiting protective orders, including extreme risk protection orders, issued by out-of-state courts.
(E)
A conviction for any offense listed in Section 29805.
(F)
A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward themselves or another individual, group, or location.
(2)
In determining whether grounds for a gun violence restraining order exist, the court may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the following:
(A)
The
unlawful and reckless use, display, or brandishing of a firearm indicating an increased risk for violence or actual threat of violence by the subject of the petition, including, but not limited to, acts using electronic means of communication, including social media postings or messages, text messages, or email.
(B)
The history of use, attempted use, or threatened use of physical force by the subject of the petition against another person.
(C)
A prior arrest of the subject of the petition for a felony offense.
(D)
A history of a violation by the subject of the petition of an emergency protective
order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code.
(E)
A history of a violation by the subject of the petition of a protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code, or comparable firearm-prohibiting protective orders, including extreme risk protection orders, issued by out-of-state courts.
(F)
Documentary evidence, including, but not limited to, police reports and records of convictions, of either recent criminal offenses by the subject of the petition that involve controlled substances or alcohol or ongoing abuse
of controlled substances or alcohol by the subject of the petition.
(G)
Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or other deadly weapons. While evidence of recent acquisitions is a factor the court may consider, the court may still issue a gun violence restraining order to temporarily prevent legal access to firearms even if the respondent does not own firearms, ammunition, or other deadly weapons at the time that the court is considering issuing a gun violence restraining order.
(H)
Evidence of acquisition of body armor, as defined in Section 16288.
(I)
Evidence of stalking, as defined in Section 646.9.
(J)
Evidence of cruelty to animals, as defined in Section 597.
(K)
Evidence of the respondent’s oral or written threats of violence toward any person or group because of their actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation, including, but not limited to, threats using electronic means of communication, including social media postings or messages, text messages, or email. For the purposes of this subparagraph, “race or ethnicity,” “nationality,” “religion,” “disability,” “gender,” and “sexual orientation” are defined as in Section 422.56.
(L)
Evidence of the respondent’s knowing
and intentional defacement, damage, or destruction of the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or the Constitution or laws of the United States, in whole or in part because of a person’s actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation, in violation of subdivision (b) of Section 422.6. “Race or ethnicity,” “nationality,” “religion,” “disability,” “gender,” and “sexual orientation” mean the same as defined in
Section 422.56.
(M)
Evidence of the respondent’s threats of violence to advance a political objective or threats of violence intended to interfere with any other person’s free exercise or enjoyment of any right or privilege secured to them by the Constitution or laws of this state or the United States, including, but not limited to, threats using electronic means of communication, including social media postings or messages, text messages, or email.
(3)
For the purposes of this subdivision, “recent” means within the six months prior to the date the petition was filed.
(c)
If the court determines that the
grounds to issue an ex parte gun violence restraining order exist, it shall issue an ex parte gun violence restraining order that prohibits the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition, and expires no later than 21 days from the date of the order.