Section 18125 Of Chapter 2. Temporary Emergency Gun Violence Restraining Order From California Penal Code >> Division 3.2. >> Title 2. >> Part 6. >> Chapter 2.
18125
. (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
the petition.
(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.