(1)Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect. Existing law requires a court, upon issuing a protective order, to order the respondent to relinquish any firearm in the respondent’s immediate control and makes a violation of that order a crime. Existing law requires the respondent, upon request of any law enforcement officer, or within 24 hours of being served with the order, to surrender or sell the firearm, as specified, and file with the court a receipt showing the firearm was surrendered or sold.

This bill would require a court, when issuing a protective order, to determine whether the restrained person has possession or control of a firearm or ammunition in violation of the requirement to relinquish that firearm or ammunition. The bill would require the court, upon making this determination, to set a review hearing, as specified, to determine whether the person continues to possess or control a firearm or ammunition in violation of the provisions described above.

(2)Existing law requires a family court to determine the best interest of the child for the purpose of deciding child custody in specified proceedings, including proceedings under the Domestic Violence Prevention Act. In making that determination, existing law requires the court to consider specified factors, including whether the perpetrator of domestic violence is restrained by a protective order or restraining order and has complied with that order.

This bill would require the court to also consider whether the perpetrator of domestic violence is, or has been, in possession or control of a firearm or ammunition in violation of the law.

(3)Existing law authorizes a court with jurisdiction over specified criminal matters to issue a protective order and requires a person who is the subject of the protective order to relinquish any owned or possessed firearms. Existing law also authorizes a court to issue a protective order as a condition of probation for domestic violence offenses.

This bill would require a court, when it issues a protective order pursuant to these provisions against a defendant charged with, or convicted of, a crime of domestic violence, to consider all relevant evidence to determine if there is good cause to believe that the defendant has possession or control of a firearm. The bill would require the court, if it determines that there is good cause to believe that the defendant has possession or control of a firearm, to set a review hearing to determine whether the defendant has complied with the requirement to relinquish that possession or control, as specified. The bill would require the court, if the court finds that the defendant possesses or controls a firearm, to consider whether bail or release on own recognizance is appropriate and would authorize the court, if the defendant is not present, to issue a bench warrant, as specified.