California
CA Pen. § 18100 to §18205

Who May Petition

TEMPORARY ORDER: LEO 

GUN VIOLENCE RESTRAINING ORDERS, including those issue ex parte:
An immediate family member; employer or coworker (if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer); employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months (with approval of a school administrator or a school administration staff member with a supervisorial roll; and, LEO

Burden of proof for Emergency Order or Ex Parte Order

TEMPORARY ORDER: Reasonable cause to believe respondent poses an "immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition", and order is necessary to prevent injury or a less restrictive alternative has been tried and failed, or is otherwise inadequate or inappropriate

EX PARTE ORDER: A substantial likelihood that respondent"poses a significant danger, in the near future, of causing personal injury to the subject of the petition or another by and, an ex parte order is "necessary to prevent personal injury to the subject of the petition" and order is necessary to prevent injury or a less restrictive alternative has been tried and failed, or is otherwise inadequate or inappropriate

Notice and Opportunity

Within 21 days after date of Temporary or Ex Parte Order as provided in order

Service

By LEO or by a person authorized under California law

What is Prohibited?

Custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, including a "magazine". 

Relinquish Firearms

Order requires respondent to relenquish firearms and ammunition upon request of LEO. If served by person other than LEO, surrender within 24 hours. LEO who serves order shall request surrender.

Seizure by LEA

 

Burden of Proof at Hearing

Clear and convincing evidence that respondent poses a "significant danger" of harm, and order is necessary to prevent injury or a less restrictive alternative has been tried and failed, or is otherwise inadequate or inappropriate

Authority to Order Mental Health/Substance Abuse Evaluation

No

Entry into NICS

Not ordered

Duration of Order after Hearing

From 1 to 5 Years

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

A misdemeanor punishable by an additional 5 year prohibition from expiration of original order

Contempt Penalty

 

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