Firearms: gun violence restraining orders.

(1) Existing law authorizes an immediate family member of a person or a law enforcement officer to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury, as specified. Existing law prohibits a person subject to a gun violence restraining order from having in the person's custody or control, or owning, purchasing, possessing, or receiving, any firearms or ammunition while that order is in effect. Under existing law, a gun violence restraining order and a renewal gun violence restraining order have a duration of one year, subject to earlier termination or renewal by the court. This bill would authorize a law enforcement officer to file a petition for a gun violence restraining order in the name of the law enforcement agency in which the officer is employed. The bill would change the duration of the gun violence restraining order and the renewal of the gun violence restraining order from one year to a period of time between one to 5 years, subject to earlier termination or renewal by the court. The bill would require a court, in determining the duration of the gun violence restraining order, to consider the length of time that the threat of personal injury is likely to continue, and to issue the order based on that determination. (2) Existing law authorizes a person subject to a gun violence restraining order to submit one written request during the effective period of the order for a hearing to terminate the order. Existing law requires the gun violence restraining order to contain a statement advising the restrained person of that hearing right and also requires the court issuing the restraining order to inform the restrained person of that right. This bill would instead authorize a person subject to a gun violence restraining order to submit one written request per year for a hearing to terminate the restraining order. The bill would make conforming changes and other technical changes. (3) This bill would make its provisions operative on September 1, 2020. (4) This bill would incorporate additional changes to Sections 18170 and 18190 of the Penal Code proposed by AB 61 to be operative only if this bill and AB 61 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 18175 of the Penal Code proposed by AB 1493 to be operative only if this bill and AB 1493 are enacted and this bill is enacted last.