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AB-2235 Firearms: gun violence restraining orders.(2019-2020)

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Date Published: 02/13/2020 09:00 PM
AB2235:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2235


Introduced by Assembly Member Gabriel

February 13, 2020


An act to amend Section 18125 of the Penal Code, relating to gun violence restraining orders.


LEGISLATIVE COUNSEL'S DIGEST


AB 2235, as introduced, Gabriel. Firearms: gun violence restraining orders.
Existing law authorizes a peace officer to issue, if approved by a judicial officer, a temporary emergency gun violence restraining order on an ex parte basis that restrains a person that the officer reasonably believes poses an immediate danger to themselves or another by having a firearm, from possessing a firearm or ammunition.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18125 of the Penal Code is amended to read:

18125.
 (a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1) The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, themselves or another by having in his or her custody or control, control of, or owning, purchasing, possessing, or receiving receiving, a firearm or ammunition.
(2) A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b) A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit the subject of the petition from having in his or her custody or control, control of, or owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and shall expire 21 days from the date the order is issued.