Signed by Governor Jerry Brown, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments that authorizes gun violence restraining orders, effective January 1, 2016.

Highlights:

• Authorizes an immediate family member of an individual or a law enforcement officer to file a temporary emergency “gun violence restraining order” against an individual (Sec. 3). 

• Defines “gun violence restraining order” as an order that prohibits an individual from owning, purchasing, possessing, or receiving any firearms or ammunition (Sec. 3).  

• Authorizes a court to issue a temporary emergency gun violence restraining order without all parties involved present if a law officer asserts, and a judicial officer finds, that there is “reasonable evidence to believe” the following (Sec. 3):
• The individual subject to the order poses an immediate and present danger of causing personal injury to himself or herself or another individual by having in the individual’s custody, control, owning, purchasing, possessing, or receiving a firearm; and
• A temporary emergency gun violence restraining order is required to prevent this.

• Requires a temporary emergency gun violence restraining order to expire 21 days from the date the order is issued (Sec. 3). 

• Requires a court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order in order to determine if the gun violence restraining order should be extended to a period of 1 year (Sec. 3). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes gun violence restraining orders, effective January 1, 2016.

Highlights:

• Authorizes an immediate family member of an individual or a law enforcement officer to file a temporary emergency “gun violence restraining order” against an individual (Sec. 3). 

• Defines “gun violence restraining order” as an order that prohibits an individual from owning, purchasing, possessing, or receiving any firearms or ammunition (Sec. 3).  

• Authorizes a court to issue a temporary emergency gun violence restraining order without all parties involved present if a law officer asserts, and a judicial officer finds, that there is “reasonable evidence to believe” the following (Sec. 3):
• The individual subject to the order poses an immediate and present danger of causing personal injury to himself or herself or another individual by having in the individual’s custody, control, owning, purchasing, possessing, or receiving a firearm; and
• A temporary emergency gun violence restraining order is required to prevent this.

• Requires a temporary emergency gun violence restraining order to expire 21 days from the date the order is issued (Sec. 3). 

• Requires a court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order in order to determine if the gun violence restraining order should be extended to a period of 1 year (Sec. 3). 

Full Bill Text