Gun violence restraining orders: law enforcement procedures.

Existing law authorizes a law enforcement officer to request, and a judicial officer to issue on an ex parte basis, a temporary emergency gun violence restraining order that prohibits a person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having a firearm or ammunition. Existing law establishes a civil restraining order process to accomplish that purpose. Existing law also authorizes an immediate family member to petition the court for an ex parte temporary gun violence restraining order. Existing law authorizes a court, after notice and hearing, to issue a gun violence restraining order for a period of one year which may be renewed, as specified. This bill would require each specified law enforcement agency to develop and adopt written policies and standards, as described, regarding the use of gun violence restraining orders. By requiring local law enforcement agencies to develop new policies, this bill would impose a state-mandated local program. 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.