BlackletterCalifornia law

DIVISION 3.2. Gun Violence Restraining Orders [18100. - 18225.]

Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3.

§§ 18100–18225 · 35 sections

  1. CHAPTER 1. General §§ 18100–18123 · 12 sections
    • § 18100 (a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody…
    • § 18105 The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to…
    • § 18107 A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the…
    • § 18108 (a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and…
    • § 18109 (a) This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but…
    • § 18110 Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section…
    • § 18115 (a) The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one…
    • § 18120 (a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase,…
    • § 18120.5 (a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that…
    • § 18121 There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining…
    • § 18122 (a) (1) A court or court facility that receives petitions for any restraining order under this division or temporary gun violence restraining orders consistent…
    • § 18123 A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local…
  2. CHAPTER 2. Temporary Emergency Gun Violence Restraining Order §§ 18125–18148 · 6 sections
    • § 18125 (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…
    • § 18130 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…
    • § 18135 (a) A temporary emergency gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds…
    • § 18140 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,…
    • § 18145 (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…
    • § 18148 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…
  3. CHAPTER 3. Ex Parte Gun Violence Restraining Order §§ 18150–18165 · 4 sections
    • § 18150 (a) (1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject…
    • § 18155 (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.…
    • § 18160 (a) An ex parte gun violence restraining order issued under this chapter shall include all of the following: (1) A statement of the grounds supporting the…
    • § 18165 Within 21 days after the date on the order, before the court that issued the order or another court in the same jurisdiction, the court shall hold a hearing…
  4. CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing §§ 18170–18197 · 7 sections
    • § 18170 (a) (1) Any of the following individuals may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of…
    • § 18175 (a) In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph…
    • § 18180 (a) A gun violence restraining order issued pursuant to this chapter shall include all of the following: (1) A statement of the grounds supporting the issuance…
    • § 18185 (a) A person subject to a gun violence restraining order issued under this chapter may submit one written request per year during the effective period of the…
    • § 18190 (a) (1) Any of the following people may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a…
    • § 18195 Any hearing held pursuant to this chapter may be continued upon a showing of good cause. Any existing order issued pursuant to this division shall remain in…
    • § 18197 (a) If a person subject to a gun violence restraining order issued or renewed pursuant to this chapter was not present in court at the time the order was…
  5. CHAPTER 5. Offenses §§ 18200–18205 · 2 sections
    • § 18200 Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence…
    • § 18205 (a) Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence…
  6. CHAPTER 6. Gun Violence Restraining Order Pilot Project §§ 18210–18225 · 4 sections
    • § 18210 The Legislature finds and declares that it is the intent of this chapter that, in the counties described in this chapter, the district attorney, any assistant…
    • § 18215 (a) The following counties may establish, until January 1, 2032, a pilot program to authorize a district attorney to file a petition for a gun violence…
    • § 18220 (a) The district attorney of a county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, annually submit data regarding…
    • § 18225 This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January…