BILL NUMBER: AB 1014 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN SENATE MAY 28, 2014
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Skinner and Williams
(Principal coauthor: Senator Jackson)
(Coauthors: Assembly Members Alejo, Bloom, Bonilla, Bonta,
Buchanan, Dickinson, Levine, Lowenthal, Rendon, Stone, Ting, and
Wieckowski)
FEBRUARY 22, 2013
An act to amend Sections 1524 and 18250 of, to add Section 1542.5
to, and to add Division 3.2 (commencing with Section 18100) to Title
2 of Part 6 of, the Penal Code, and to amend Section 8105 of the
Welfare and Institutions Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Skinner. Gun violence restraining orders.
(1) Existing law regulates the sale, transfer, possession, and
ownership of firearms, including prohibiting specified persons from
owning or possessing firearms. Existing law, among other things,
prohibits a person subject to a domestic violence protective order
from owning or possessing a firearm while that order is in effect and
if prohibited by that order.
This bill would authorize a court to issue an emergency gun
violence restraining order if a law enforcement officer asserts and a
judicial officer finds that there are reasonable grounds to believe
that the subject of the petition poses an immediate and present
danger of causing personal injury to himself, herself, or another by
having under his or her custody and control, owning, purchasing,
possessing, or receiving a firearm and that the order is necessary to
prevent personal injury to himself, herself, or another person, as
specified. The bill would require a law enforcement officer to serve
the order on the restrained person, if the restrained person can
reasonably be located, file a copy of the order with the court, and
have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
Justice. The bill would require the presiding judge of the superior
court in each county to designate at least one judge, commissioner,
or referee to be reasonably available to issue orally, by telephone
or otherwise, emergency gun violence restraining orders at all times
whether or not the court is in session.
This bill would additionally authorize a court to issue
an ex parte gun violence restraining order, upon a showing of good
cause, prohibiting the subject of the petition from having under his
or her custody and control, owning, purchasing, possessing, or
receiving, or attempting to purchase or receive a firearm or
ammunition, as specified. The bill would require the ex parte order
to expire no later than 14 days after the date on the order and would
require the court to hold a hearing within 21 days of issuing
the ex parte gun violence restraining order to determine if a gun
violence restraining order that is in effect for one year should be
issued. The bill would require a law enforcement officer to
serve the restrained person the ex parte order, if the restrained
person can reasonably be located. The bill would permit the
restrained person to request a hearing on the order, and, if it is
found at the hearing that the order is not supported by good cause,
would require the court to dissolve the order.
The bill would also authorize a court to issue
a gun violence restraining order prohibiting the subject of the
petition from having under his or her custody and control, owning,
purchasing, possessing, or receiving, or attempting to purchase or
receive a firearm or ammunition for a period of one year when there
is clear and convincing evidence to believe that the subject
of the petition poses a significant risk of personal injury to
himself, herself, or another by having under his or her custody and
control, owning, purchasing, possessing, or receiving a firearm.
there is a substantial likelihood that the subject of
the petition, or a person subject to an ex parte gun violence
restraining order, as applicable, will cause personal injury to
himself, herself, or another by having under his or her custody and
control, owning, purchasing, possessing, or receiving a firearm and
that the order is necessary to prevent personal injury to himself,
herself, or another person, as specified. The bill would
authorized the renewal of the order for additional one-year periods
and would permit the restrained person to request one hearing to
terminate the order during the effective period of the initial order
or each renewal period.
The bill would require, upon service of the ex parte gun
violence restraining order or upon the issuance of a gun violence
restraining order issued after notice and a hearing,
require a court, upon issuance of a gun violence
restraining order, to order the restrained person to surrender
to the local law enforcement agency any firearm or ammunition in his
or her custody and control, or which he or she possesses or owns. The
bill would require the local law enforcement agency to retain
custody of the firearm and ammunition for the duration of a gun
violence restraining order.
The bill would require the court to notify the Department of
Justice and the district attorney in the jurisdiction in which a gun
violence restraining order was issued when an ex parte
any gun violence restraining order has been
issued or dissolved and when a gun violence restraining
order issued after notice and a hearing has been issued, renewed, or
terminated. issued, renewed, dissolved, or terminated.
The bill would make it a misdemeanor to file a petition for a gun
violence restraining order, knowing the information in the petition
to be false or with the intent to harass. The bill would also provide
that a person who violates a gun violence restraining order is
guilty of a misdemeanor and shall be prohibited from having under his
or her custody and control, owning, purchasing, possessing, or
receiving, or attempting to purchase or receive, a firearm or
ammunition for a 5-year period, commencing upon the expiration of the
existing gun violence restraining order.
By creating new crimes and by requiring new duties of local law
enforcement, this bill would impose a state-mandated local program.
(2) Existing law states the grounds upon which a search warrant
may be issued, including when the property or things to be seized
include a firearm or any other deadly weapon that is owned by, or in
the possession of, or in the custody or control of, specified
persons.
This bill would allow a search warrant to be issued when the
property or things to be seized are a firearm or firearms or
ammunition that is in the custody or and
control of, or is owned or possessed by, a person who is the
subject of a gun violence restraining order and who is
presently known to have in his or her custody and control or
possession, or to own a firearm or firearms or ammunition.
order. The bill would also require the law enforcement
officer executing a search warrant issued upon that ground to take
custody of any firearm or ammunition in plain sight
that is in the restrained person's custody and control
or possession, that is owned by the restrained person, or
that is discovered pursuant to a consensual or other lawful
search and would provide rules for executing the search warrant when
the location to be searched is jointly occupied by multiple
parties. the restrained person and one or more
other persons.
(3) Existing law requires specified law enforcement officers to
take temporary custody of any firearm or deadly weapon in plain sight
or discovered pursuant to a lawful search when present at the scene
of a domestic violence incident involving a threat to human life or
physical assault.
This bill would apply the requirements described above to law
enforcement officers serving a gun violence restraining order. The
bill would also apply those requirements when the law enforcement
officer is a sworn member of the Department of Justice who is a peace
officer.
(4) Existing law requires the Department of Justice to request
public and private mental hospitals, sanitariums, and institutions to
submit to the department information necessary to identify persons
who are admitted to a specified facility because the person is a
danger to himself, herself, or others, to own, possess, control,
receive, or purchase any firearm. Existing law requires the
department to only use the information for certain specified
purposes.
This bill would require the department to the
make use of the above-described information only to
determine the eligibility of a person who is the subject to either a
gun violence restraining order or a firearm seizure warrant to
acquire, carry, or possess firearms, destructive devices, or
explosives.
(5) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(5)
(6) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1524 of the Penal Code is amended to read:
1524. (a) A search warrant may be issued upon any of the
following grounds:
(1) When the property was stolen or embezzled.
(2) When the property or things were used as the means of
committing a felony.
(3) When the property or things are in the possession of any
person with the intent to use them as a means of committing a public
offense, or in the possession of another to whom he or she may have
delivered them for the purpose of concealing them or preventing them
from being discovered.
(4) When the property or things to be seized consist of any item
or constitute any evidence that tends to show a felony has been
committed, or tends to show that a particular person has committed a
felony.
(5) When the property or things to be seized consist of evidence
that tends to show that sexual exploitation of a child, in violation
of Section 311.3, or possession of matter depicting sexual conduct of
a person under 18 years of age, in violation of Section 311.11, has
occurred or is occurring.
(6) When there is a warrant to arrest a person.
(7) When a provider of electronic communication service or remote
computing service has records or evidence, as specified in Section
1524.3, showing that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the possession of any
person with the intent to use them as a means of committing a
misdemeanor public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of concealing them
or preventing their discovery.
(8) When the property or things to be seized include an item or
any evidence that tends to show a violation of Section 3700.5 of the
Labor Code, or tends to show that a particular person has violated
Section 3700.5 of the Labor Code.
(9) When the property or things to be seized include a firearm or
any other deadly weapon at the scene of, or at the premises occupied
or under the control of the person arrested in connection with, a
domestic violence incident involving a threat to human life or a
physical assault as provided in Section 18250. This section does not
affect warrantless seizures otherwise authorized by Section 18250.
(10) When the property or things to be seized include a firearm or
any other deadly weapon that is owned by, or in the possession of,
or in the custody or control of, a person described in subdivision
(a) of Section 8102 of the Welfare and Institutions Code.
(11) When the property or things to be seized include a firearm
that is owned by, or in the possession of, or in the custody or
control of, a person who is subject to the prohibitions regarding
firearms pursuant to Section 6389 of the Family Code, if a prohibited
firearm is possessed, owned, in the custody of, or controlled by a
person against whom a protective order has been issued pursuant to
Section 6218 of the Family Code, the person has been lawfully served
with that order, and the person has failed to relinquish the firearm
as required by law.
(12) When the information to be received from the use of a
tracking device constitutes evidence that tends to show that either a
felony, a misdemeanor violation of the Fish and Game Code, or a
misdemeanor violation of the Public Resources Code has been committed
or is being committed, tends to show that a particular person has
committed a felony, a misdemeanor violation of the Fish and Game
Code, or a misdemeanor violation of the Public Resources Code, or is
committing a felony, a misdemeanor violation of the Fish and Game
Code, or a misdemeanor violation of the Public Resources Code, or
will assist in locating an individual who has committed or is
committing a felony, a misdemeanor violation of the Fish and Game
Code, or a misdemeanor violation of the Public Resources Code. A
tracking device search warrant issued pursuant to this paragraph
shall be executed in a manner meeting the requirements specified in
subdivision (b) of Section 1534.
(13) When a sample of the blood of a person constitutes evidence
that tends to show a violation of Section 23140, 23152, or 23153 of
the Vehicle Code and the person from whom the sample is being sought
has refused an officer's request to submit to, or has failed to
complete, a blood test as required by Section 23612 of the Vehicle
Code, and the sample will be drawn from the person in a reasonable,
medically approved manner. This paragraph is not intended to abrogate
a court's mandate to determine the propriety of the issuance of a
search warrant on a case-by-case basis.
(14) When the property or things to be seized are a firearm or
firearms or ammunition that is in the custody or
and control of, or is owned or possessed by, a person who
is the subject of a gun violence restraining order that has been
issued pursuant to Division 3.2 (commencing with Section 18100) of
Title 2 of Part 6 and who is presently known to have in his
or her custody and control or possession, or to own a firearm or
firearms or ammunition. 6.
(b) The property, things, person, or persons described in
subdivision (a) may be taken on the warrant from any place, or from
any person in whose possession the property or things may be.
(c) Notwithstanding subdivision (a) or (b), no search warrant
shall issue for any documentary evidence in the possession or under
the control of any person who is a lawyer as defined in Section 950
of the Evidence Code, a physician as defined in Section 990 of the
Evidence Code, a psychotherapist as defined in Section 1010 of the
Evidence Code, or a member of the clergy as defined in Section 1030
of the Evidence Code, and who is not reasonably suspected of engaging
or having engaged in criminal activity related to the documentary
evidence for which a warrant is requested unless the following
procedure has been complied with:
(1) At the time of the issuance of the warrant, the court shall
appoint a special master in accordance with subdivision (d) to
accompany the person who will serve the warrant. Upon service of the
warrant, the special master shall inform the party served of the
specific items being sought and that the party shall have the
opportunity to provide the items requested. If the party, in the
judgment of the special master, fails to provide the items requested,
the special master shall conduct a search for the items in the areas
indicated in the search warrant.
(2) (A) If the party who has been served states that an item or
items should not be disclosed, they shall be sealed by the special
master and taken to court for a hearing.
(B) At the hearing, the party searched shall be entitled to raise
any issues that may be raised pursuant to Section 1538.5 as well as a
claim that the item or items are privileged, as provided by law. The
hearing shall be held in the superior court. The court shall provide
sufficient time for the parties to obtain counsel and make any
motions or present any evidence. The hearing shall be held within
three days of the service of the warrant unless the court makes a
finding that the expedited hearing is impracticable. In that case the
matter shall be heard at the earliest possible time.
(C) If an item or items are taken to court for a hearing, any
limitations of time prescribed in Chapter 2 (commencing with Section
799) of Title 3 of Part 2 shall be tolled from the time of the
seizure until the final conclusion of the hearing, including any
associated writ or appellate proceedings.
(3) The warrant shall, whenever practicable, be served during
normal business hours. In addition, the warrant shall be served upon
a party who appears to have possession or control of the items
sought. If, after reasonable efforts, the party serving the warrant
is unable to locate the person, the special master shall seal and
return to the court, for determination by the court, any item that
appears to be privileged as provided by law.
(d) (1) As used in this section, a "special master" is an attorney
who is a member in good standing of the California State Bar and who
has been selected from a list of qualified attorneys that is
maintained by the State Bar particularly for the purposes of
conducting the searches described in this section. These attorneys
shall serve without compensation. A special master shall be
considered a public employee, and the governmental entity that caused
the search warrant to be issued shall be considered the employer of
the special master and the applicable public entity, for purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, relating to claims and actions against public
entities and public employees. In selecting the special master, the
court shall make every reasonable effort to ensure that the person
selected has no relationship with any of the parties involved in the
pending matter. Any information obtained by the special master shall
be confidential and may not be divulged except in direct response to
inquiry by the court.
(2) In any case in which the magistrate determines that, after
reasonable efforts have been made to obtain a special master, a
special master is not available and would not be available within a
reasonable period of time, the magistrate may direct the party
seeking the order to conduct the search in the manner described in
this section in lieu of the special master.
(e) Any search conducted pursuant to this section by a special
master may be conducted in a manner that permits the party serving
the warrant or his or her designee to accompany the special master as
he or she conducts his or her search. However, that party or his or
her designee may not participate in the search nor shall he or she
examine any of the items being searched by the special master except
upon agreement of the party upon whom the warrant has been served.
(f) As used in this section, "documentary evidence" includes, but
is not limited to, writings, documents, blueprints, drawings,
photographs, computer printouts, microfilms, X-rays, files, diagrams,
ledgers, books, tapes, audio and video recordings, films, and papers
of any type or description.
(g) No warrant shall issue for any item or items described in
Section 1070 of the Evidence Code.
(h) Notwithstanding any other law, no claim of attorney work
product as described in Chapter 4 (commencing with Section 2018.010)
of Title 4 of Part 4 of the Code of Civil Procedure shall be
sustained where there is probable cause to believe that the lawyer is
engaging or has engaged in criminal activity related to the
documentary evidence for which a warrant is requested unless it is
established at the hearing with respect to the documentary evidence
seized under the warrant that the services of the lawyer were not
sought or obtained to enable or aid anyone to commit or plan to
commit a crime or a fraud.
(i) Nothing in this section is intended to limit an attorney's
ability to request an in camera hearing pursuant to the holding of
the Supreme Court of California in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.
(j) In addition to any other circumstance permitting a magistrate
to issue a warrant for a person or property in another county, when
the property or things to be seized consist of any item or constitute
any evidence that tends to show a violation of Section 530.5, the
magistrate may issue a warrant to search a person or property located
in another county if the person whose identifying information was
taken or used resides in the same county as the issuing court.
(k) This section shall not be construed to create a cause of
action against any foreign or California corporation, its officers,
employees, agents, or other specified persons for providing location
information.
SEC. 2. Section 1542.5 is added to the Penal Code, immediately
following Section 1542, to read:
1542.5. Notwithstanding any other law, with regards to a search
warrant issued upon the grounds specified in paragraph (14) of
subdivision (a) of Section 1524, the following shall apply:
(a) The law enforcement officer executing the warrant shall take
custody of any firearm or ammunition in plain sight
that is in the restrained person's custody and control or
possession, that is owned by the restrained person, or
that is discovered pursuant to a consensual or other lawful
search.
(b) (1) If the location to be searched during the execution of the
warrant is jointly occupied by multiple parties
the restrained person and one or more other persons and
a firearm, which is determined to be a law
enforcement officer executing the warrant finds a firearm that is
owned by a person other than the person who is the
subject of a gun violence restraining order, is found,
restrained person, the firearm shall not be seized if both of
the following conditions are satisfied:
(A) The firearm is stored in a manner that the person
subject to a gun violence restraining order restrained
person does not have access to or control of the firearm.
(B) There is no evidence of unlawful possession of the firearm by
the owner of the firearm.
(2) If the location to be searched during the execution of the
warrant is jointly occupied by multiple parties
the restrained person and one or more other persons and a
gun safe is located that is located, which is
determined to be owned by a person other than the
person subject to a gun violence restraining order,
restrained person, the contents of the gun safe shall not be
searched except in the owner's presence, and with his or her consent
or with a valid search warrant for the gun safe.
SEC. 3. Division 3.2 (commencing with Section 18100) is added to
Title 2 of Part 6 of the Penal Code, to read:
DIVISION 3.2. Gun Violence Restraining Orders
CHAPTER 1. GENERAL
18100. A gun violence restraining order is an order, in writing,
signed by a magistrate, the court,
prohibiting a named person from having under his or her custody and
control, owning, purchasing, possessing, or receiving any firearms or
ammunition.
18101. 18105. (a)
The Judicial Council shall prescribe the form of the orders and
any other documents required by this division and shall promulgate
forms and instructions for applying for orders described in this
division.
(b) Any form to petition for a gun violence restraining order
adopted pursuant to this section shall require the petitioner to
describe the number, types, and locations of any firearms and
ammunition presently known by the petitioner to be possessed or
controlled by the subject of the petition.
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 18170), the court shall
ensure that a search as described in subdivision (a) of Section 6306
of the Family Code is conducted. After issuing its ruling, the court
shall provide the advisement described in subdivision (c) of Section
6306 of the Family Code and shall keep information obtained from a
search conducted pursuant to this section confidential in accordance
with subdivision (d) of Section 6306 of the Family Code.
18115. (a) (1) (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 court day after issuing
or renewing the order.
(B) The court shall notify the Department of Justice when a gun
violence restraining order has been dissolved or terminated under
this division no later than five court days after dissolving or
terminating the order. Upon receipt of either of these notices, the
Department of Justice shall, within 15 days, delete any reference to
the gun violence restraining order from its records.
(2) The notices required to be submitted to the Department of
Justice pursuant to paragraph (1) shall be submitted in an electronic
format, in a manner prescribed by the department.
(b) (1) The court shall notify the district attorney in the
jurisdiction in which a gun violence restraining order was issued
when a gun violence order has been issued or renewed under this
division no later than one court day after issuing or renewing the
order.
(2) The court shall notify the district attorney in the
jurisdiction in which a gun violence restraining order was dissolved
or terminated when a gun violence restraining order has been
dissolved or terminated under this division, no later than five court
days after dissolving or terminating the order.
18120. (a) A person subject to a gun violence restraining order
issued pursuant to this division shall not have under his or her
custody and control, own, purchase, possess, or receive a firearm or
ammunition while that order is in effect.
(b) (1) Upon issuance of a gun violence restraining order issued
pursuant to this division, the court shall order the restrained
person to surrender to the local law enforcement agency any firearm
or ammunition in the restrained person's custody and control, or
which the restrained person possesses or owns.
(2) The surrender ordered pursuant to paragraph (1) shall occur by
immediately surrendering the firearm or ammunition in a safe manner,
upon request of any law enforcement officer, to the control of the
officer, after being served with the protective order. A law
enforcement officer serving a gun violence restraining order that
indicates that the restrained person possesses a firearm or
ammunition shall request that the firearm or ammunition be
immediately surrendered. Alternatively, if no request is made by a
law enforcement officer, the surrender shall occur within 24 hours of
being served with the order, by either surrendering the firearm or
ammunition in a safe manner to the control of the local law
enforcement agency, or by selling the firearm or ammunition to a
licensed gun dealer, as specified in Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. The
law enforcement officer or licensed gun dealer taking possession of
the firearm or ammunition pursuant to this subdivision shall issue a
receipt to the person surrendering the firearm or ammunition at the
time of surrender. A person ordered to surrender a firearm or
ammunition pursuant to this subdivision shall, within 48 hours after
being served with the order, do both of the following:
(A) File, with the court that issued the gun violence restraining
order, the receipt showing the firearm or ammunition was surrendered
to a local law enforcement agency or sold to a licensed gun dealer.
Failure to timely file a receipt shall constitute a violation of the
protective order.
(B) File a copy of the receipt described in subparagraph (A) with
the law enforcement agency that served the gun violence restraining
order. Failure to timely file a copy of the receipt shall constitute
a violation of the protective order.
(c) (1) The firearm or firearms or ammunition surrendered to a law
enforcement officer or law enforcement agency pursuant to this
section shall be retained by the law enforcement agency until the
expiration of any gun violence restraining order that has been issued
against the restrained person. Upon expiration of any order, the
firearm or firearms or ammunition shall be returned to the restrained
person in accordance with the provisions of Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4. A firearm or
ammunition that is not claimed is subject to the requirements of
Section 34000.
(2) A restrained person who owns a firearm or ammunition that is
in the custody of a law enforcement agency pursuant to this section
and who does not wish to have the firearm returned shall be entitled
to sell or transfer title of the firearm to a licensed dealer
provided that the firearm is an otherwise legal firearm and the
restrained person otherwise has right to title of the firearm.
(d) If the restrained person declines to relinquish possession of
any firearm based on the 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 required under this section.
(e) If a person other than the restrained person claims title to
any firearm or ammunition surrendered pursuant to this section, and
he or she is determined by the law enforcement agency to be the
lawful owner of the firearm or ammunition, the firearm or ammunition
shall be returned to the him or her pursuant to Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4.
CHAPTER 2. EMERGENCY GUN VIOLENCE RESTRAINING
ORDER
18125. (a) An emergency gun violence restraining order may be
issued only if a law enforcement officer asserts, and a judicial
officer finds, both of the following:
(1) That reasonable grounds have been asserted to believe that the
subject of the petition poses an immediate and present danger of
causing personal injury to himself, herself, or another by having
under his or her custody and control, owning, purchasing, possessing,
or receiving a firearm.
(2) That an emergency gun violence restraining order is necessary
to prevent personal injury to himself, herself, or another person
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) An emergency gun violence restraining order issued pursuant to
this chapter shall prohibit the subject of the petition from having
under his or her custody and control, owning, purchasing, possessing,
or receiving, or attempting to purchase or receive, a firearm or
ammunition, and shall expire 14 days from the date of the order.
18130. An emergency gun violence restraining order is valid only
if it is issued by a judicial officer after making the findings
required by Section 18125 and pursuant to a specific request by a law
enforcement officer.
18135. An emergency gun violence restraining order issued under
this chapter shall include all of the following:
(a) A statement of the grounds supporting the issuance of the
order.
(b) The date and time the order expires.
(c) The address of the superior court for the district or county
in which the restrained party resides.
(d) The following statement:
"To the restrained person: This order will last until the date and
time noted above. You are required to surrender all firearms and
ammunition that you own to a local law enforcement agency in
accordance with Section 18120 of the Penal Code and you may not have
under your custody and control, own, purchase, possess, or receive,
or attempt to purchase or receive a firearm or ammunition, while this
order is in effect. However, a permanent gun violence restraining
order may be obtained from the court. You may seek the advice of an
attorney as to any matter connected with the order. The attorney
should be consulted promptly so that the attorney may assist you in
any matter connected with the order."
18140. A law enforcement officer who requests an emergency gun
violence restraining order shall do all of the following:
(a) If the order is obtained orally, memorialize the order in
writing and sign it.
(b) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(c) File a copy of the order with the court as soon as practicable
after issuance.
(d) Have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
Justice.
18145. The presiding judge of the superior court in each county
shall designate at least one judge, commissioner, or referee to be
reasonably available to issue orally, by telephone or otherwise,
emergency gun violence restraining orders at all times whether or not
the court is in session.
CHAPTER 2. 3. EX PARTE GUN
VIOLENCE RESTRAINING ORDER
18102. (a) A
18150. (a) (1) An immediate family member,
licenced therapist, or licensed health care provider of a person may
file a petition requesting that the court issue an ex parte gun
violence restraining order enjoining the subject of the petition from
having under his or her custody and control, owning, purchasing,
possessing, or receiving a firearm or ammunition.
(2) For purposes of this subdivision, "immediate family member"
has the same meaning as in Section 422.4.
(b) A court may issue an ex parte
gun violence restraining order if the petition,
supported by an affidavit, affidavit
made in writing and signed by the petitioner under oath, or an
oral statement taken pursuant
to paragraph (2) of subdivision (a) of Section
18103, 18155, and any additional information
provided to the court on a showing of show
good cause to believe that the subject of
the petition poses a significant risk of personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm as determined
by balancing the factors identified in subdivision (b) of Section
1803 and, if the court elects to consider them, the factors
identified in subdivision (c) of Section 18103. both of
the following are true:
(1) There is a substantial likelihood that the subject of the
petition will, in the near future, cause personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm as determined
by balancing evidence of the facts identified in paragraph (1) of
subdivision (b) of Section 18155 and considering any other relevant
evidence, including, but not limited to, evidence of the facts
identified in paragraph (2) of subdivision (b) of Section 18155.
(2) An ex parte gun violence restraining order is necessary to
prevent personal injury to himself, herself, or another person
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)
(c) An affidavit supporting a petition for the issuance
of an ex parte gun violence restraining order shall set forth the
facts tending to establish the grounds of the petition, or the reason
for believing that they exist.
(c)
(d) An ex parte order under this chapter shall be
issued or denied on the same day that the petition is submitted to
the court, unless the petition is filed too late in the day to permit
effective review, in which case the order shall be issued or denied
on the next day of judicial business in sufficient time for the order
to be filed that day with the clerk of the court.
18103. 18155. (a) (1) The
magistrate, court, before issuing an ex parte
gun violence restraining order, may examine on oath, the petitioner
and any witness the petitioner may produce and shall take his or her
affidavit in writing, and cause the affidavit to be signed by the
parties making them.
(2) In lieu of a written affidavit required by paragraph (1), the
magistrate court may take an oral
statement under oath using the procedures prescribed in Section 1526.
(b) (1) In determining whether grounds for a
gun violence restraining order exist, the magistrate
court shall consider all evidence of the
following:
(1)
(A) A recent threat of violence or act of
violence by the subject of the petition directed toward another.
(2)
(B) A recent threat of violence or act of
violence by the subject of the petition directed toward himself or
herself.
(3)
(C) A violation of an unexpired
emergency protective order issued pursuant to Section 646.91 or Part
3 (commencing with Section 6240) of Division 10 of the Family
Code. Code that is in effect at the time the
court is considering the petition.
(4)
(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, Section 527.6
of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the
Welfare and Institutions Code.
(5)
(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 himself,
herself, or another.
(c)
(2) In determining whether grounds for a gun violence
restraining order exist, the magistrate court
may consider any evidence of the following:
other relevant evidence, including, but not limited to,
evidence of any of the following:
(1)
(A) The reckless use, display, or brandishing of a
firearm by the subject of the petition.
(2)
(B) The history of use, attempted use, or threatened
use of physical force by the subject of the petition against another
person.
(3)
(C) Any prior arrest of the subject of the petition for
a felony offense.
(4)
(D) Any 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.
(5)
(E) Any 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,
Section 527.6 of the Code of Civil Procedure, or Section 213.5 or
15657.03 of the Welfare and Institutions Code.
(6)
(F) Evidence of recent or ongoing abuse of controlled
substances or alcohol by the subject of the petition.
(7)
(G) Evidence of recent acquisition of firearms or other
deadly weapons.
(8) The recency of any of the acts identified in subdivision (b)
and this subdivision.
(3) For the purposes of this subdivision, "recent" means within
the six months prior to the date the petition was filed.
(d)
(c) If the magistrate court
determines that there is good cause to issue an ex parte gun
violence restraining order, he or she it
shall issue an ex parte gun violence restraining order that
prohibits the subject of the petition from having under his or her
custody and control, owning, purchasing, possessing, or receiving, or
attempting to purchase or receive, a firearm or ammunition, and
expires no later than 14 days from the date of the order.
(e) (1) (A) The court shall notify the Department of Justice of
the ex parte gun violence restraining order no later than 24 hours
after issuing the order.
(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.
(2) The court shall notify the district attorney in the
jurisdiction in which the ex parte gun violence restraining order was
issued of the ex parte gun violence restraining order no later than
24 hours after issuing the order.
18104. 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 issuance of the
order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county
in which the restrained party resides.
(4) The date and time of the scheduled hearing.
(4)
(5) The following statement:
"To the restrained person: This order will last
is valid until the expiration date and time
noted above. You are required to surrender all firearms and
ammunition that you own to a local law enforcement agency in
accordance with Section 18120 of the Penal Code and you may not
have under your custody and control, own, purchase, possess, or
receive, or attempt to purchase or receive a firearm or ammunition,
while this order is in effect. You have the right to a
hearing, scheduled by the court, within 14 days following the
issuance of this order to determine if you may have under your
custody and control, own, possess, purchase, or receive a firearm or
ammunition. A hearing will be held on the date and at
the time noted above to determine if a more permanent gun violence
restraining order should be issued. Failure to appear at that hearing
may result in a court making an order against you that is valid for
a year. You may seek the advice of an attorney as to any matter
connected with the order. The attorney should be consulted promptly
so that the attorney may assist you in any matter connected with the
order."
(b) (1) An ex parte gun violence restraining order shall be served
on the restrained person by a law enforcement officer, if the
restrained person can reasonably be located.
(2) When serving a gun violence restraining order, the law
enforcement officer shall inform the restrained person that
he or she is entitled to a hearing, pursuant to Section 18105, and
provide the restrained person with a form to request a hearing.
of the hearing scheduled pursuant to Section 18165.
(c) (1) Upon being served with an ex parte gun violence
restraining order, the restrained person shall surrender to the local
law enforcement agency any firearm or ammunition in the restrained
person's custody and control, or which the restrained person
possesses or owns. When taking custody of a firearm or ammunition
pursuant to this subdivision, the local law enforcement agency shall
comply with the requirements of Section 33800.
(2) (A) The firearm or firearms or ammunition surrendered pursuant
to this subdivision shall be retained by the law enforcement agency
until the expiration of the ex parte gun violence restraining order.
Upon expiration of the order, the firearm or firearms or ammunition
shall be returned to the restrained person in accordance with the
provisions of Chapter 2 (commencing with Section 33850) of Division
11 of Title 4. A firearm or ammunition that is not claimed shall be
subject to the provisions of Section 34000.
(B) A restrained person who owns a firearm or ammunition that is
in the custody of a law enforcement agency pursuant to this
subdivision, if the firearm is an otherwise legal firearm, and the
restrained person otherwise has right to title of the firearm, shall
be entitled to sell or transfer title of the firearm to a licensed
dealer.
(3) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this subdivision,
the firearm or firearms or ammunition shall be returned to the lawful
owner pursuant to Chapter 2 (commencing with Section 33850) of
Division 11 of Title 4.
18105. (a) (1) A restrained person is entitled, upon his or her
request, to a hearing to determine the validity of the order within
14 days after the date on the order before the court that issued the
order or another court in that same jurisdiction.
(2) If a restrained person does not request a hearing, the order
shall expire on the date and time listed on the order.
(b) At the hearing, the petitioner shall have the burden of
proving that there is good cause to believe that the restrained
person poses a significant risk of personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm.
(c) If it is found at the hearing that there is good cause to
believe that the restrained person poses a significant risk of
personal injury to himself, herself, or another by having under his
or her custody and control, owning, purchasing, possessing, or
receiving a firearm, the ex parte gun violence order shall stand.
(d) If the court finds that the petitioner has not proven that
there is good cause supporting the order, the court shall dissolve
the order.
(e) (1) (A) If the order has been dissolved pursuant to
subdivision (d), the court shall submit a notice of that fact to the
Department of Justice. Upon receipt of the notice, the Department of
Justice shall, within 15 days, delete any reference to the ex parte
gun violence restraining order from its records.
(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.
(2) If the order has been dissolved pursuant to subdivision (d),
the court shall notify the district attorney in the jurisdiction in
which the ex parte gun violence restraining order of that fact.
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 pursuant to Section
18175 to determine if a gun violence restraining order should be
issued under Chapter 4 (commencing with Section 18170).
CHAPTER 3. 4. GUN VIOLENCE
RESTRAINING ORDER ISSUED AFTER NOTICE AND HEARING
18106. The court may issue a gun violence restraining order after
notice and a hearing when there is clear and convincing evidence
that the subject of the petition poses a significant risk of personal
injury to himself, herself, or another by having under his or her
custody and control, owning, purchasing, possessing, or receiving a
firearm as determined by balancing evidence of the facts identified
in subdivision (b) of Section 18103 and, if the court elects to
consider them, evidence of any of the facts identified in subdivision
(c) of Section 18103.
18170. (a) An immediate family member, licensed therapist, or
licensed health care provider of a person may request that a court,
after notice and a hearing, issue a gun violence restraining order
enjoining the subject of the petition from having under his or her
custody and control, owning, purchasing, possessing, or receiving a
firearm or ammunition for a period of one year.
(b) For purposes of this subdivision, "immediate family member"
has the same meaning as in Section 422.4.
18107. 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 (1) of subdivision (b) of Section 18103
18155 and may consider evidence of any
of the facts any other relevant evidence, including,
but not limited to, evidence of the facts identified in
paragraph (2) of subdivision (c) (b)
of Section 18103. 18155.
(b) At the hearing, the petitioner shall have the burden of
proving that there is proving, by clear
and convincing evidence to believe that the subject of the
petition poses a significant risk of personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm.
evidence, that both of the following are true:
(1) There is a substantial likelihood that the subject of the
petition, or a person subject to an ex parte gun violence restraining
order, as applicable, will cause personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm as determined
by balancing evidence of the facts identified in paragraph (1) of
subdivision (b) of Section 18155 and considering any other relevant
evidence, including, but not limited to, evidence, of the facts
identified in paragraph (2) of subdivision (b) of Section 18155.
(2) A gun violence restraining order is necessary to prevent
personal injury to the subject of the petition, or the person subject
to an ex parte gun violence restraining order, as applicable, or
another person 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, or the person subject to an ex parte gun violence
restraining order, as applicable.
(c) (1) If the petition is
supported by there is clear and convincing
evidence, evidence to issue a gun violence
restraining order, the court shall issue a gun violence
restraining order that prohibits the subject of the petition from
having under his or her custody and control, owning, purchasing,
possessing, or receiving, or attempting to purchase or receive, a
firearm or ammunition.
(2) If the court finds that there is not clear and convincing
evidence to support the issuance of a gun violence restraining order,
the court shall dissolve any emergency or ex parte gun violence
restraining order then in effect.
(d) The gun violence restraining order issued under this chapter
shall have a duration of one year, subject to termination by further
order of the court at a hearing held pursuant to Section
18107 18185 and renewal by further order of the
court pursuant to Section 18109. 18190.
(e) (1) (A) The court shall notify the Department of Justice of
the gun violence restraining order issued under this chapter no later
than 24 hours one court day after
issuing the order.
(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.
(2) The court shall notify the district attorney in the
jurisdiction in which the gun violence restraining order was issued
that a gun violence restraining order issued under this chapter was
issued no later than 24 hours one court day
after issuing the order.
18108. 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 of the
order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county
in which the restrained party resides.
(4) The following statement:
"To the restrained person: This order will last until the date and
time noted above. If you have not done so already, you must
surrender all firearms and ammunition that you own to a local law
enforcement agency in accordance with Section 18120 of the Penal
Code. You may not have under your custody and control, own,
purchase, possess, or receive, or attempt to purchase or receive a
firearm or ammunition, while this order is in effect. Pursuant to
Section 18109, 18185, you have the
right to request one hearing to terminate this order at any time
during its effective period. You may seek the advice of an attorney
as to any matter connected with the order."
(b) When the court issues a gun violence restraining order under
this chapter, the court shall inform the restrained person that he or
she is entitled to one hearing to request a termination of the
order, pursuant to Section 18109, 18185,
and shall provide the restrained person with a form to request
a hearing.
(c) (1) Upon issuance of a gun violence restraining order issued
under this chapter, the restrained person shall surrender to the
local law enforcement agency any firearm or ammunition in the
restrained person's custody and control, or which the restrained
person possesses or owns. When taking custody of a firearm or
ammunition pursuant to this subdivision, the local law enforcement
agency shall comply with the requirements of Section 33800.
(2) (A) The firearm or firearms or ammunition surrendered pursuant
to this subdivision shall be retained by the law enforcement agency
until the expiration of the gun violence restraining order. Upon
expiration of the order, the firearm or firearms or ammunition shall
be returned to the restrained person in accordance with the
provisions of Chapter 2 (commencing with Section 33850) of Division
11 of Title 4. A firearm or ammunition that is not claimed shall be
subject to the provisions of Section 34000.
(B) A restrained person who owns a firearm or ammunition that is
in the custody of a law enforcement agency pursuant to this
subdivision, if the firearm is an otherwise legal firearm, and the
restrained person otherwise has right to title of the firearm, shall
be entitled to sell or transfer title of the firearm to a licensed
dealer.
(3) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this subdivision,
the firearm or firearms or ammunition shall be returned to the lawful
owner pursuant to Chapter 2 (commencing with Section 33850) of
Division 11 of Title 4.
18109. 18185. (a) A person
described in subdivision (c) of Section 18106, person
subject to a gun violence restraining order issued under this
chapter may submit one written request at any time during the
effective period of the order for a hearing for an order
permitting the person to own, possess, purchase, or receive a
firearm. to terminate the order.
(b) If the court finds after the hearing that there is no longer
clear and convincing evidence to believe that the restrained
person poses a significant risk of personal injury to himself,
herself, or another by having under his or her custody and control,
owning, purchasing, possessing, or receiving a firearm,
paragraphs (1) and (2) of subdivision (b) of Section 18175 are
true, the court shall terminate the order.
(c) (1) (A) If the order has been terminated pursuant to
subdivision (b), the court shall submit a notice of that fact to the
Department of Justice. Upon receipt of the notice, the Department of
Justice shall, within 15 days, delete any reference to the gun
violence restraining order from its records.
(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.
(2) If the order has been terminated pursuant to subdivision (b),
the court shall notify the district attorney in the jurisdiction in
which the gun violence restraining order of that fact.
18110. (a) A
18190. (a) (1) An immediate family member,
licensed therapist, or licensed health care provider may request a
renewal of a gun violence restraining order at any time within the
three months before the expiration of a gun violence restraining
order.
(2) For purposes of this subdivision, "immediate family member"
has the same meaning as in Section 422.4.
(b) A court may, after notice and
a hearing, renew a gun violence restraining order issued under this
chapter if there is the petitioner proves, by
clear and convincing evidence that the restrained
person continues to pose a significant risk of personal injury to
himself, herself, or another by possessing a firearm.
evidence, that paragraphs (1) and (2) of subdivision (b) of Section
18175 continue to be true.
(b)
(c) In determining whether to renew a gun violence
restraining order issued under this chapter, the court shall consider
evidence of the facts identified in paragraph (1) of
subdivision (b) of Section 18103 18155
and mayconsider any other relevant eviden
ce, including, but not limited to, evidence of any
of the facts identified in paragraph (2) of subdivision
(c) (b) of Section 18103.
18155.
(c)
(d) At the hearing, the petitioner shall have the
burden of proving that there is clear and convincing
evidence to believe that the restrained person continues to pose a
significant risk of personal injury to himself, herself, or another
by having under his or her custody and control, owning, purchasing,
possessing, or receiving a firearm. proving, by clear
and convincing evidence, that paragraphs (1) and (2) of subdivision
(b) of Section 18175 are true.
(d)
(e) If the renewal petition is supported by clear and
convincing evidence, the court shall renew the gun violence
restraining order issued under this chapter.
(e)
(f) The renewal of a gun violence restraining order
issued pursuant to this section shall have a duration of one year,
subject to termination by further order of the court at a hearing
held pursuant to Section 18109 18185
and further renewal by further order of the court pursuant to this
section.
(f)
(g) A gun violence restraining order renewed pursuant
to this section shall include the information identified in
subdivision (a) of Section 18108. 18180.
(g) (1) (A) The court shall notify the Department of Justice that
a gun violence restraining order issued under this chapter has been
renewed no later than 24 hours after renewing the order.
(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.
(2) The court shall notify the district attorney in the
jurisdiction in which the gun violence restraining order was
renewed that a gun violence
restraining order issued under this chapter was renewed no later than
24 hours after issuing the order.
18111. 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 full force and effect during the period of continuance.
CHAPTER 4. 5. OFFENSES
18112. 18200. Every person who
files a petition for an ex parte gun violence restraining order
pursuant to Chapter 2 3 (commencing
with Section 18102) 18150) or a gun
violence restraining order issued after notice and a hearing pursuant
to Chapter 3 4 (commencing with
Section 18106), 18170), knowing the
information in the petition to be false or with the intent to harass,
is guilty of a misdemeanor.
18113. 18205. Every person who
violates an ex parte gun violence restraining order issued pursuant
to Chapter 2 3 (commencing with Section
18102) 18150) or a gun violence
restraining order issued after notice and a hearing issued pursuant
to Chapter 3 4 (commencing with Section
18106), 18170), is guilty of a
misdemeanor and shall be prohibited from having under his or her
custody and control, owning, purchasing, possessing, or receiving, or
attempting to purchase or receive, a firearm or ammunition for a
five-year period, to commence upon the expiration of the existing gun
violence restraining order.
SEC. 4. Section 18250 of the Penal Code is amended to read:
18250. If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, is serving a protective order as defined in Section
6218 of the Family Code, is serving a gun violence restraining order
issued pursuant to Division 3.2 (commencing with Section 18100),
that person shall take temporary custody of any firearm or other
deadly weapon in plain sight or discovered pursuant to a consensual
or other lawful search as necessary for the protection of the peace
officer or other persons present:
(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.
(b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
(c) A member of the University of California Police Department, as
defined in subdivision (b) of Section 830.2.
(d) An officer listed in Section 830.6, while acting in the course
and scope of the officer's employment as a peace officer.
(e) A member of a California State University Police Department,
as defined in subdivision (c) of Section 830.2.
(f) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
(g) A peace officer, as defined in subdivision (d) of Section
830.31.
(h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.
(i) A peace officer, as defined in Section 830.5.
(j) A sworn member of the Department of Justice who is a peace
officer, as defined in Section 830.1.
SEC. 5. Section 8105 of the Welfare and Institutions Code is
amended to read:
8105. (a) The Department of Justice shall request each public and
private mental hospital, sanitarium, and institution to submit to
the department information the department deems necessary to identify
those persons who are subject to the prohibition specified by
subdivision (a) of Section 8100, in order to carry out its duties in
relation to firearms, destructive devices, and explosives.
(b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department information the
department deems necessary to identify those persons who are subject
to the prohibition specified by subdivision (a) of Section 8100, in
order to carry out its duties in relation to firearms, destructive
devices, and explosives.
(c) A licensed psychotherapist shall report to a local law
enforcement agency, within 24 hours, in a manner prescribed by the
Department of Justice, the identity of a person subject to the
prohibition specified by subdivision (b) of Section 8100. Upon
receipt of the report, the local law enforcement agency, on a form
prescribed by the Department of Justice, shall notify the department
electronically, within 24 hours, in a manner prescribed by the
department, of the person who is subject to the prohibition specified
by subdivision (b) of Section 8100.
(d) All information provided to the Department of Justice pursuant
to this section shall be kept confidential, separate, and apart from
all other records maintained by the department. The information
provided to the Department of Justice pursuant to this section shall
be used only for any of the following purposes:
(1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.
(2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100, to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.
(3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation, or who is the subject of a
petition for the issuance of a gun violence restraining order issued
pursuant to Division 3.2 (commencing with Section 18100) of Title 2
of Part 6 of the Penal Code, if a part of the investigation involves
the acquisition, carrying, or possession of firearms, explosives, or
destructive devices by that person.
(e) Reports shall not be required or requested under this section
if the same person has been previously reported pursuant to Section
8103 or 8104.
SEC. 6. The Legislature finds and declares that
Section 3 of this act, which adds Section 18110 of the Penal Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
In order to protect the privacy rights of a person subject to a
search pursuant to Section 18110 of the Penal Code.
SEC. 6. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.