(1) Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law also allows a gun violence restraining order to be issued on an ex parte basis for up to 21 days. Existing law allows a petition for these gun violence restraining orders to be made by a law enforcement officer, or an immediate family member, employer, coworker, or teacher, as specified, of the subject of the petition.
This bill would authorize the Counties of El Dorado and Ventura to establish, until January 1, 2032, a pilot program to additionally authorize a district attorney to request that the court issue a temporary emergency gun violence restraining order, as specified. The bill would require a county that establishes a pilot program, commencing April 1, 2027, to annually submit specified data to the California Firearm Violence Research Center at US Davis, and would authorize the center, commencing July 1, 2027, to conduct an evaluation of the pilot program and report that evaluation to the Legislature, as specified.
(2) Under existing law, when a law enforcement agency has reasonable cause to believe that the return of a weapon seized pursuant to a gun violence restraining order would be likely to result in endangering the victim or the person who reported the assault or threat, the agency is required to advise the owner of the weapon, and initiate a petition in superior court within a specified time to determine if the weapon should be returned to the person. Under existing law, a law enforcement agency is authorized to file a petition for an order of default and to dispose of the weapon if they have informed the person of the hearing and that the person has 30 days from the date of receipt of the notice to respond to confirm the person's desire for a hearing, and the person fails to respond.
This bill would require the court to transmit a copy of the order of default described above to the Department of Justice.
(3) Under existing law, if the court does not order the return of the weapon to the owner after a hearing regarding the return of a weapon seized pursuant to a gun violence restraining order described above, the person is authorized to petition the court for a second hearing, as specified, and unless the court finds that the return of the weapon would result in endangering the victim or the person reporting the assault or threat, requires the court to order the return of the weapon. Under existing law, if the owner does not petition the court in a timely manner for a second hearing or is unsuccessful at gaining return of the firearm at the second hearing, the weapon may be disposed of.
This bill would require the court, if the court orders a firearm to be disposed of as described above, to transmit a copy of the order to the Department of Justice.

Statutes affected:
03/24/25 - Amended Assembly: 18415 PEN, 18415 PEN, 18420 PEN, 18420 PEN