Section 18420 Of Chapter 2. Procedure Where Agency Believes Return Of Weapon Would Create Danger From California Penal Code >> Division 4. >> Title 2. >> Part 6. >> Chapter 2.
18420
. (a) If, at a hearing under Section 18410, the court does not
order the return of the firearm or other deadly weapon to the owner
or person who had lawful possession, that person may petition the
court for a second hearing within 12 months from the date of the
initial hearing.
(b) If there is a petition for a second hearing, unless it is
shown by clear and convincing evidence that the return of the firearm
or other deadly weapon would result in endangering the victim or the
person reporting the assault or threat, the court shall order the
return of the firearm or other deadly weapon and shall award
reasonable attorney's fees to the prevailing party.
(c) If the owner or person who had lawful possession does not
petition the court within this 12-month period for a second hearing
or is unsuccessful at the second hearing in gaining return of the
firearm or other deadly weapon, the firearm or other deadly weapon
may be disposed of as provided in Sections 18000 and 18005.