Section 1542.5 Of Chapter 3. Of Search Warrants From California Penal Code >> Title 12. >> Part 2. >> Chapter 3.
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 that is in the restrained person'
s custody or control or possession or that is owned by the restrained
person, which 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 the restrained person and one or more
other persons and a law enforcement officer executing the warrant
finds a firearm or ammunition in the restrained person's custody or
control or possession, but that is owned by a person other than the
restrained person, the firearm or ammunition shall not be seized if
both of the following conditions are satisfied:
(A) The firearm or ammunition is removed from the restrained
person's custody or control or possession and stored in a manner that
the restrained person does not have access to or control of the
firearm or ammunition.
(B) There is no evidence of unlawful possession of the firearm or
ammunition by the owner of the firearm or ammunition.
(2) If the location to be searched during the execution of the
warrant is jointly occupied by the restrained person and one or more
other persons and a locked gun safe is located that is owned by a
person other than the 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.
(c) This section shall become operative on January 1, 2016.