Protective orders: firearms and ammunition: notice and procedures.

Bill summary

Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions.

Before a hearing on the issuance or denial of a domestic violence restraining order or gun violence restraining order, existing law requires the court to ensure that a search has been conducted to determine, among other things, if the subject of the proposed order owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System.

If after the search, the court finds that the subject of the proposed order owns or possesses a firearm, existing law requires the court to make a written record as to whether the subject has relinquished the firearm and provided proof of the required storage, sale, or relinquishment of the firearm.

Upon a court’s issuance of such a protective order, existing law requires the restrained person to relinquish any firearm and ammunition in that person’s immediate possession or control, according to specified procedures.

The official digest continues on the official text.

Defender utility

Track for ERPO procedure changes; already on board.