You should know: California Red Flag laws

California is one of 18 states that

empower law enforcement and immediate family members to petition a court for an gun violence restraining order .

If a court finds that a person poses a significant danger of injuring themselves or others with a firearm, that person is temporarily prohibited from purchasing and possessing guns and required to turn over their guns while the order is in effect.

Everytown.org

California Penal Code PART 6. CONTROL OF DEADLY WEAPONS  TITLE 2. DIVISION 3.2. Gun Violence Restraining Orders [18100 – 18205]

Complete instructions and all forms needed are on the California Courts web site.

Subject of gun violence restraining order must dispose of all of their firearms and ammunition within 24 hours of receiving notice of restraining order. They may do so by either: (1) surrendering all of their firearms and ammunition in a safe manner to the local law enforcement agency; or (2) selling all of their firearms and ammunition to a licensed gun dealer; or (3) storing all of their firearms and ammunition with a licensed gun dealer for as long as this Order is in effect.

Within 48 hours they must file a receipt with the court and the law enforcement agency showing that they have surrendered their firearms

A temporary emergency gun violence restraining order

Cal. Penal Code § 18125.  Expires 21 days from the date the order is issued.

Cal. Penal Code § 18130.  Is requested by a law enforcement officer & issued by a judicial officer

An ex parte gun violence restraining order

Cal. Penal Code § 18155 G 3 (c):  Expires 21 days from the date the order is issued.

Cal. Penal Code § 18150:  Is requested by an immediate family member or a law enforcement officer & issued by a judicial officer.

Cal. Penal Code § 18165:  Within 21 days of ex parte restraining order, the court shall hold a hearing.

Long term gun violence restraining order

Cal. Penal Code § 18170.  An immediate family member or a law enforcement officer may request that a court issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.

Cal. Penal Code § 18175. (b) At the hearing, the petitioner shall have the burden of proving that both of the following are true:

(1) The subject of the petition poses a significant danger of causing personal injury by possessing a firearm or ammunition.

(2) A gun violence restraining order is necessary  because less restrictive alternatives have been tried and found to be ineffective.

Cal. Penal Code § 18185.   (a) A 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 to terminate the order.

Cal. Penal Code § 18190.   (a) (1) An immediate family member of a restrained person or a law enforcement officer 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. (f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year.

How to Ask for a Firearms Restraining Order (including forms)
 

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Cañada Crescenta Democratic Club Program Co-Chair 2018 Social Media Action Committee Chair State Legislative Contact Committee Member
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