(a)A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section.
(b)Upon the issuance of a protective order, the court shall order the restrained person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of a local law enforcement agency, or by selling the firearm to a licensed firearms dealer, as
specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. The
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(a)
A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section.
(b)
Upon the issuance of a protective order, the court shall order the restrained person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of a local law enforcement agency, or by selling the firearm to a licensed firearms dealer, as
specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. The court shall provide the person with information on how any firearms or ammunition still in the possession of the restrained party are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment.
(c)
If a person refuses to relinquish a firearm or ammunition based on an assertion of the right against self-incrimination as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition as required pursuant to this section.
(d)
A
local law enforcement agency may charge a person subject to a protective order a fee for the storage of any firearm relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 26700 or to the person relinquishing the firearm.
(e)
The protective order shall state on its face that the restrained person is prohibited from owning, possessing, purchasing, or receiving a firearm while the protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a
licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. This section does not limit a respondent’s right under existing law to petition the court at a later date for modification of the order.
(f)
The protective order shall prohibit the person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any surrendered firearm to the restrained person, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the person is prohibited from possessing a firearm because they are in any
prohibited class for the possession of firearms, as defined in this chapter and Chapter 3 (commencing with Section 29900), and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive order has been issued against the person under this section. If the local law enforcement agency determines that the restrained person is the legal owner of any firearm deposited with the local law enforcement agency and is prohibited from possessing any firearm, the person shall be entitled to sell or transfer the firearm to a licensed dealer as defined in Section 26700. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon their identification of the firearm and proof of ownership.
(g)
The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of
this section for a particular firearm or ammunition if the restrained person is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies:
(1)
(A)
The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where the use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of
the following:
(i)
The peace officer’s personal safety depends on the ability to carry that specified firearm, ammunition, or firearm and ammunition outside of scheduled work hours.
(ii)
The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph.
(B)
Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may
require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence.
(2)
(A)
If the respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In such a case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an additional threat of harm to a protected party or
the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition or firearm and ammunition for a purpose other than as permitted under this paragraph.
(B)
To assist the court in making this determination, the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise.
(C)
If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to
possess any other firearm or ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours.
(h)
During the period of the relinquishment order, the restrained person is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A licensed firearms dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the restrained person that are in the possession of the local law enforcement agency have been sold by the restrained person to the licensed firearms dealer, shall be given possession of those firearms, at the location where the firearms are stored, within five days of presenting the local law enforcement agency with the bill of sale.
(i)
(1)
The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545.
(2)
Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11.