Chapter 2. Temporary Emergency Gun Violence Restraining Order of California Penal Code >> Division 3.2. >> Title 2. >> Part 6. >> Chapter 2.
(a) A temporary emergency gun violence restraining order may
be issued on an ex parte basis only if a law enforcement officer
asserts, and a judicial officer finds, that there is reasonable cause
to believe both of the following:
(1) The subject of the petition poses an immediate and present
danger of causing personal injury to himself, herself, or another by
having in his or her custody or control, owning, purchasing,
possessing, or receiving a firearm.
(2) A temporary emergency gun violence restraining order is
necessary to prevent personal injury to the subject of the petition
or another because less restrictive alternatives either have been
tried and found to be ineffective, or have been determined to be
inadequate or inappropriate for the circumstances of the subject of
(b) A temporary emergency gun violence restraining order issued
pursuant to this chapter shall prohibit the subject of the petition
from having in his or her custody or control, owning, purchasing,
possessing, or receiving, or attempting to purchase or receive, a
firearm or ammunition, and shall expire 21 days from the date the
order is issued.
A temporary emergency gun violence restraining order is
valid only if it is issued by a judicial officer after making the
findings required by Section 18125 and pursuant to a specific request
by a law enforcement officer.
A temporary emergency gun violence restraining order issued
under this chapter shall include all of the following:
(a) A statement of the grounds supporting the issuance of the
(b) The date and time the order expires.
(c) The address of the superior court for the county in which the
restrained party resides.
(d) The following statement:
"To the restrained person: This order will last until the date and
time noted above. You are required to surrender all firearms and
ammunition that you own or possess in accordance with Section 18120
of the Penal Code and you may not have in your custody or control,
own, purchase, possess, or receive, or attempt to purchase or receive
a firearm or ammunition, while this order is in effect. However, a
more permanent gun violence restraining order may be obtained from
the court. You may seek the advice of an attorney as to any matter
connected with the order. The attorney should be consulted promptly
so that the attorney may assist you in any matter connected with the
A law enforcement officer who requests a temporary emergency
gun violence restraining order shall do all of the following:
(a) If the order is obtained orally, memorialize the order of the
court on the form approved by the Judicial Council.
(b) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(c) File a copy of the order with the court as soon as practicable
(d) Have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
(a) (1) Except as provided in paragraph (2), the petition
for a temporary emergency gun violence restraining order shall be
obtained by submitting a written petition to the court.
(2) If time and circumstances do not permit the submission of a
written petition, a temporary emergency gun violence restraining
order may be issued in accordance with the procedures for obtaining
an oral search warrant described in Section 1526.
(b) The presiding judge of the superior court of each county shall
designate at least one judge, commissioner, or referee who shall be
reasonably available to issue temporary emergency gun violence
restraining orders when the court is not in session.