2019 California Code
Penal Code - PEN
PART 6 - CONTROL OF DEADLY WEAPONS
TITLE 2 - WEAPONS GENERALLY
DIVISION 3.2 - Gun Violence Restraining Orders
CHAPTER 1 - General
Section 18108.
(a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders.
(b) The policies and standards shall instruct officers to consider the use of a gun violence restraining order during a domestic disturbance response to any residence which is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm. The policies and standards should encourage the use of gun violence restraining orders in appropriate situations to prevent future violence involving a firearm.
(c) The policies and standards should also instruct officers to consider the use of a gun violence restraining order during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm. The policies and standards shall encourage officers encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm.
(d) The written policies and standards developed pursuant to this section shall be consistent with any gun violence restraining order training administered by the Commission on Peace Officer Standards and Training, and shall include all of the following:
(1) Standards and procedures for requesting and serving a temporary emergency gun violence restraining order.
(2) Standards and procedures for requesting and serving an ex parte gun violence restraining order.
(3) Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing.
(4) Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.
(5) Standards and procedures for verifying the removal of firearms and ammunition from the subject of a gun violence restraining order.
(6) Standards and procedures for obtaining and serving a search warrant for firearms and ammunition.
(7) Responsibility of officers to attend gun violence restraining order hearings.
(8) Standards and procedures for requesting renewals of expiring gun violence restraining orders.
(e) Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University Police Departments are encouraged, but not required by this section, to train officers on standards and procedures implemented pursuant to this section, and may incorporate these standards and procedures into an academy course, preexisting annual training, or other continuing education program.
(f) In developing these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts and mental health professionals.
(g) Policies developed pursuant to this section shall be made available to the public upon request.
(Added by Stats. 2019, Ch. 727, Sec. 1. (AB 339) Effective January 1, 2020.)
