§ 18400. — 18400. (Added by Stats. 2010, Ch. 711, Sec. 6.)

California § 18400.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 4.
• Title: 2.
• Part 6.: DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE
• Ch. 2.: CHAPTER 2. Procedure Where Agency Believes Return of Weapon Would Create Danger

Text

(a)
When a law enforcement agency has reasonable cause to believe that the return of a firearm or other deadly weapon seized under this division would be likely to result in endangering the victim or the person who reported the assault or threat, the agency shall so advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned.
(b)
The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition.
(c)
Including any extension
of time granted in response to an ex parte request, a petition must be filed within 90 days of the date of seizure of the firearm or other deadly weapon.

Legislative History

Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.