SB 1200: Firearms: gun violence restraining orders.

(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.

This bill would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.

This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.

(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.

This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control.

(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.

This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.

(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.

This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.