(a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, or subject to a restraining order issued pursuant to
Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare
and Institutions Code, shall relinquish the firearm pursuant to this
section.
(b) Upon the issuance of a protective order pursuant to
subdivision (a), the court shall order the person to relinquish any
firearm in that person's immediate possession or control, or subject
to that person's immediate possession or control, within 24 hours of
being served with the order, either by surrendering the firearm to
the control of local law enforcement officials, or by selling the
firearm to a licensed gun dealer, as specified in Section 12071 of
the Penal Code. A person ordered to relinquish any firearm pursuant
to this subdivision shall file with the court a receipt showing the
firearm was surrendered to the local law enforcement agency or sold
to a licensed gun dealer within 48 hours after receiving the order.
In the event that it is necessary to continue the date of any hearing
due to a request for a relinquishment order pursuant to this
section, the court shall ensure that all applicable protective orders
described in Section 6218 of the Family Code remain in effect or
bifurcate the issues and grant the permanent restraining order
pending the date of the hearing.
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, or subject to a restraining order issued pursuant to
Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare
and Institutions Code, shall relinquish the firearm pursuant to this
section.
(b) Upon the issuance of a protective order pursuant to
subdivision (a), the court shall order the person to relinquish any
firearm in that person's immediate possession or control, or subject
to that person's immediate possession or control, within 24 hours of
being served with the order, either by surrendering the firearm to
the control of local law enforcement officials, or by selling the
firearm to a licensed gun dealer, as specified in Section 12071 of
the Penal Code. A person ordered to relinquish any firearm pursuant
to this subdivision shall file with the court a receipt showing the
firearm was surrendered to the local law enforcement agency or sold
to a licensed gun dealer within 48 hours after receiving the order.
In the event that it is necessary to continue the date of any hearing
due to a request for a relinquishment order pursuant to this
section, the court shall ensure that all applicable protective orders
described in Section 6218 of the Family Code remain in effect or
bifurcate the issues and grant the permanent restraining order
pending the date of the hearing.
Maybe this should go to 2A Forum? It's getting more complicated.
Comment