Temporary emergency gun violence restraining orders.

Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to memorialize the order of the court on the form approved by the Judicial Council if the order is obtained orally. Existing law requires the petition for the temporary order to be obtained by submitting a written petition to the court, unless time and circumstances do not permit the submission of a written report, in which case existing law allows the order to be issued in accordance with procedures for obtaining an oral search warrant. This bill would instead require an officer who requests a temporary emergency gun violence restraining order to sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and to memorialize the order of the court on the form approved by the Judicial Council if the request is made orally. The bill would allow a judicial officer to issue a temporary order orally based on the statements of the law enforcement officer and would allow a temporary order to be obtained in writing if time and circumstances permit. Because the declaration would be required to be signed under penalty of perjury, the bill would impose a state-mandated local program by expanding the definition of a crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.