Existing law authorizes specific individuals, including an immediate family member of a person or a law enforcement officer, to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury. Under existing law, the restraining order prohibits the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition for a duration of one to 5 years, subject to earlier termination or renewal by the court.

This bill would state the Legislature’s intent to enact legislation relating to gun violence restraining orders.