Existing
law authorizes a court to issue a gun violence restraining order to
prohibit a person from purchasing or possessing a firearm or ammunition
for a period of one to 5 years, subject to renewal for additional one-
to 5-year periods, if the subject of the petition poses a significant
danger of self-harm or harm to another in the near future by having a
firearm and the order is necessary to prevent personal injury to the
subject of the petition or another. Existing law also allows a gun
violence restraining order to be issued on an ex parte basis for up to
21 days. Existing law allows a petition for these gun violence
restraining orders to be made by a law enforcement officer, or an
immediate family member, employer, coworker, or teacher, as specified,
of the subject of the petition.
This
bill would authorize the Counties of Alameda, El Dorado, Santa Clara,
and Ventura to establish, until January 1, 2032, a pilot program to
additionally authorize a district attorney to request that the court
issue a temporary emergency gun violence restraining order, as
specified. The bill would require the district attorney of a county
that establishes a pilot program, commencing April 1, 2027, to annually
submit specified data to the California Firearm Violence Research
Center at UC Davis, and would authorize the center, commencing July 1,
2027, to conduct an evaluation of the pilot program and annually report
that evaluation to the Legislature, as specified. The bill would
require the district attorney of a county that establishes a pilot
program, commencing April 1, 2027, to make the data described above
available upon request to the Department of Justice and the Judicial
Council. The bill would make related findings and declarations.