California Penal Code

§ 18125

PEN § 18125 Effective Jan 1, 2019Div. 3.2 · Title 2 · Part 6 · Ch. 2

Statute text

(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, or another by having in his or her custody or control, owning, purchasing, possessing, or 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.

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Legislative history

Amended by Stats. 2018, Ch. 898, Sec. 7. (SB 1200) Effective January 1, 2019.