Firearms: gun violence restraining orders.

(1) Existing law, commencing on September 1, 2020, authorizes specified individuals, including a law enforcement officer, or a family member, employer, or coworker of a person, to petition the court to issue an order restraining that person from possessing a firearm, as specified, or to petition the court for the renewal of such an order. This bill would authorize a district attorney, county counsel, or city attorney to file a petition on behalf of a law enforcement officer, requesting the issuance or renewal of these orders, and to represent an officer in any subsequent court proceeding related to the issuance or renewal of the order. (2) Existing law authorizes certain peace officers at the scene of a domestic violence incident or when serving a gun violence restraining order, to take custody of any firearm present, as specified. Under existing law, if the law enforcement agency that has seized the firearm has reasonable cause to believe that the return of the firearm would endanger others, as specified, the agency may petition the court for a determination of whether the firearm should be returned. Under existing law, if the person whose firearm is seized does not respond to the petition, as specified, or if the court, after a hearing, or after an optional 2nd hearing, orders the firearm not to be returned to the person, the firearm shall be disposed of, as specified. This bill would additionally authorize a district attorney to petition the court for this determination. The bill would require the court, in cases where the firearm is not returned and is to be disposed of, to transmit a copy of the order to the Department of Justice. (3) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 5 years when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to report the identity of the person to a local law enforcement agency-within 24 hours, and requires the local law enforcement agency to notify the Department of Justice within 24 hours of receding the report. This bill would allow the psychotherapist to instead notify the district attorney of such a threat and would require the district attorney, when receiving a report of such a threat, to notify the department. By requiring new duties of a district attorney, this bill would impose a state-mandated local program. (4) Existing law authorizes a peace officer and other specified persons, upon probable cause, to take into custody for examination a person who, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. Under existing law, a peace officer is required to confiscate the firearm of a person who has been detained for examination of their mental condition, as specified. Existing law authorizes the law enforcement agency, upon release of the person, to petition the court for a determination of whether the firearm should be returned. Under existing law, if the person whose firearm is seized does not respond to the petition as specified, or if the court, after a hearing, orders the firearm not to be returned to the person, the firearm shall be disposed of, as specified. This bill would additionally authorize a district attorney to petition the court for this determination. The bill would require the court, in cases where the firearm is not returned and is to be disposed of, to transmit a copy of the order to the Department of Justice. This bill would make other conforming changes. (5) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.