reglab/housing_qa huggingface dataset:
CA Penal Code § 18100 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18100.

18100.  (a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.(b) For purposes of this chapter, the term “ammunition” includes a “magazine” as defined in Section 16890.(Amended by Stats. 2018, Ch. 898, Sec. 3. (SB 1200) Effective January 1, 2019.)
CA Penal Code § 18105 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18105.

18105.  The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.(Amended by Stats. 2018, Ch. 898, Sec. 4. (SB 1200) Effective January 1, 2019.)
CA Penal Code § 18107 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18107.

18107.  A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition.(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
CA Penal Code § 18109 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18109.

18109.  (a) This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but not limited to, in a case in which the agency or officer concludes, after investigation, that the criteria for issuance of a gun violence restraining order are not satisfied.(b) A petition brought by a law enforcement officer may be made in the name of the law enforcement agency in which the officer is employed.(c) This section shall become operative on September 1, 2020.(Repealed (in Sec. 1) and added by Stats. 2019, Ch. 724, Sec. 2. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
CA Penal Code § 18110 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18110.

18110.  Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170), the court shall ensure that a search as described in subdivision (a) of Section 6306 of the Family Code is conducted. After issuing its ruling, the court shall provide the advisement described in subdivision (c) of Section 6306 of the Family Code and shall keep information obtained from a search conducted pursuant to this section confidential in accordance with subdivision (d) of Section 6306 of the Family Code.(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
CA Penal Code § 18121 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18121.

18121.  There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. There is no fee for any filings related to a petition filed pursuant to this division.(Amended by Stats. 2021, Ch. 686, Sec. 4. (SB 538) Effective January 1, 2022.)
CA Penal Code § 18122 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18122.

18122.  (a) By July 1, 2023, a court or court facility that receives petitions for any restraining order under this division shall permit those petitions to be submitted electronically during and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted electronically.(b) The superior court of each county shall develop local rules and instructions for electronic filing permitted under this section, which shall be posted on its internet website.(c) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain information about electronic filing permitted under this section. The telephone number shall be staffed during regular business hours, and court staff shall respond to all telephonic inquiries within one business day.(Repealed and added by Stats. 2021, Ch. 686, Sec. 6. (SB 538) Effective January 1, 2022.)
CA Penal Code § 18123 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 1 - General|Section 18123.

18123.  (a) A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.(b) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain assistance regarding remote appearances. The telephone number shall be staffed 30 minutes before the start of the court session at which the hearing will take place, and during the court session.(Added by Stats. 2021, Ch. 686, Sec. 7. (SB 538) Effective January 1, 2022.)
CA Penal Code § 18125 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18125.

18125.  (a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:(1) The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.(b) A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and shall expire 21 days from the date the order is issued.(Amended by Stats. 2018, Ch. 898, Sec. 7. (SB 1200) Effective January 1, 2019.)
CA Penal Code § 18130 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18130.

18130.  A temporary emergency gun violence restraining order is valid only if it is issued by a judicial officer after making the findings required by Section 18125 and pursuant to a specific request by a law enforcement officer.(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
CA Penal Code § 18135 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18135.

18135.  (a) A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:(1) A statement of the grounds supporting the issuance of the order.(2) The date and time the order expires.(3) The address of the superior court for the county in which the restrained party resides.(4) The following statement:“To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.”(b) When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.(Amended by Stats. 2018, Ch. 898, Sec. 8. (SB 1200) Effective January 1, 2019.)
CA Penal Code § 18140 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18140.

18140.  A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.(Amended by Stats. 2020, Ch. 286, Sec. 1. (AB 2617) Effective January 1, 2021.)
CA Penal Code § 18145 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18145.

18145.  (a) (1) A judicial officer may issue a temporary emergency gun violence restraining order orally based on the statements of a law enforcement officer made in accordance with subdivision (a) of Section 18140.(2) If time and circumstances permit, a temporary emergency gun violence restraining order may be obtained in writing and based on a declaration signed under penalty of perjury.(b) The presiding judge of the superior court of each county shall designate at least one judge, commissioner, or referee who shall be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session.(Amended by Stats. 2018, Ch. 873, Sec. 2. (AB 2526) Effective January 1, 2019.)
CA Penal Code § 18148 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 2 - Temporary Emergency Gun Violence Restraining Order|Section 18148.

18148.  Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.(Added by Stats. 2018, Ch. 898, Sec. 9. (SB 1200) Effective January 1, 2019.)
CA Penal Code § 18150 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 3 - Ex Parte Gun Violence Restraining Order|Section 18150.

18150.  (a) (1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition:(A) An immediate family member of the subject of the petition.(B) An employer of the subject of the petition.(C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer.(D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.(E) A law enforcement officer.(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to the subject of the petition or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.(e) This section shall become operative on September 1, 2020.(Repealed (in Sec. 1) and added by Stats. 2019, Ch. 725, Sec. 2. (AB 61) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
CA Penal Code § 18160 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 3 - Ex Parte Gun Violence Restraining Order|Section 18160.

18160.  (a) An ex parte gun violence restraining order issued under this chapter shall include all of the following:(1) A statement of the grounds supporting the issuance of the order.(2) The date and time the order expires.(3) The address of the superior court in which a responsive pleading should be filed.(4) The date and time of the scheduled hearing.(5) The following statement:“To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a period of time between one to five years. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.”(b) (1) An ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.(2) When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.(3) When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if the person has a firearm, ammunition, or magazine in the person’s possession or under the person’s custody or control.(c) This section shall become operative on September 1, 2020.(Repealed (in Sec. 5) and added by Stats. 2019, Ch. 724, Sec. 6. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
CA Penal Code § 18165 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 3 - Ex Parte Gun Violence Restraining Order|Section 18165.

18165.  Within 21 days after the date on the order, before the court that issued the order or another court in the same jurisdiction, the court shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued under Chapter 4 (commencing with Section 18170).(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
CA Penal Code § 18170 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 4 - Gun Violence Restraining Order Issued After Notice and Hearing|Section 18170.

18170.  (a) (1) Any of the following individuals may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of time between one to five years:(A) An immediate family member of the subject of the petition.(B) An employer of the subject of the petition.(C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer.(D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.(E) A law enforcement officer.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this section, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(c) This section shall become operative on September 1, 2020.(Repealed (in Sec. 3) and added by Stats. 2019, Ch. 725, Sec. 4.5. (AB 61) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
CA Penal Code § 18180 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 4 - Gun Violence Restraining Order Issued After Notice and Hearing|Section 18180.

18180.  (a) A gun violence restraining order issued pursuant to this chapter shall include all of the following:(1) A statement of the grounds supporting the issuance of the order.(2) The date and time the order expires.(3) The address of the superior court for the county in which the restrained party resides.(4) The following statement:“To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request a hearing on an annual basis to terminate this order during its effective period. You may seek the advice of an attorney as to any matter connected with the order.”(b) If the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that the person is entitled to a hearing on an annual basis to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.(c) This section shall become operative on September 1, 2020.(Repealed (in Sec. 11) and added by Stats. 2019, Ch. 724, Sec. 12. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
CA Penal Code § 18185 (2021)
2021 California Code|Penal Code - PEN|PART 6 - CONTROL OF DEADLY WEAPONS|TITLE 2 - WEAPONS GENERALLY|DIVISION 3.2 - Gun Violence Restraining Orders|CHAPTER 4 - Gun Violence Restraining Order Issued After Notice and Hearing|Section 18185.

18185.  (a) A person subject to a gun violence restraining order issued under this chapter may submit one written request per year during the effective period of the order for a hearing to terminate the order.(b) If the court finds after the hearing that there is no longer clear and convincing evidence to believe that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true, the court shall terminate the order.(c) This section shall become operative on September 1, 2020.(Repealed (in Sec. 13) and added by Stats. 2019, Ch. 724, Sec. 14. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)