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 of the subject of the petition.
This bill would additionally allow a petition for these gun violence restraining orders to be made by an individual who has a child in common with the subject, an individual who has a dating relationship with the subject, or a roommate of the subject of the petition, as specified. The bill would expand the family members who can file a petition to include any person related by consanguinity or affinity within the 4th degree who has had substantial and regular interactions with the subject for at least one year.

Statutes affected:
AB2870: 19817 BPC
02/18/22 - Introduced: 19817 BPC
06/13/22 - Amended Senate: 18150 PEN, 18170 PEN, 18190 PEN, 19817 BPC
06/30/22 - Amended Senate: 18150 PEN, 18170 PEN, 18190 PEN
08/11/22 - Amended Senate: 18150 PEN, 18170 PEN, 18190 PEN
09/01/22 - Enrolled: 18150 PEN, 18170 PEN, 18190 PEN
09/30/22 - Chaptered: 18150 PEN, 18170 PEN, 18190 PEN
AB 2870: 19817 BPC