reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.
(F) A roommate of the subject of the petition.
(G) An individual who has a dating relationship with the subject of the petition.
(H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year.
(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
(b) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243.
(c) For purposes of this section, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year.
(d) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year.
(e) This section shall become operative on September 1, 2020.
(Amended by Stats. 2022, Ch. 974, Sec. 2. (AB 2870) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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 18195.

18195. Any hearing held pursuant to this chapter may be continued upon a showing of good cause. Any existing order issued pursuant to this division shall remain in full force and effect during the period of continuance.
(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
2023 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 18197.

18197. (a) If a person subject to a gun violence restraining order issued or renewed pursuant to this chapter was not present in court at the time the order was issued or renewed, the 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.
(b) This section shall become operative on September 1, 2020.
(Repealed (in Sec. 17) and added by Stats. 2019, Ch. 724, Sec. 18. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 3.2 - Gun Violence Restraining Orders › CHAPTER 5 - Offenses › Section 18200.

18200. Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence restraining order issued after notice and a hearing pursuant to Chapter 4 (commencing with Section 18170), knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor.
(Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 3.2 - Gun Violence Restraining Orders › CHAPTER 5 - Offenses › Section 18205.

18205. (a) Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.
(b) For purposes of this section, a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this section must be issued upon a showing by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another because of owning or possessing a firearm or ammunition.
(Amended by Stats. 2020, Ch. 286, Sec. 2. (AB 2617) Effective January 1, 2021.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18250.

18250. (a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:
(1) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer of a city, as defined in subdivision (a) of Section 830.1.
(2) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(3) A member of the University of California Police Department, as defined in subdivision (b) of Section 830.2.
(4) An officer listed in Section 830.6, while acting in the course and scope of the officer’s employment as a peace officer.
(5) A member of a California State University Police Department, as defined in subdivision (c) of Section 830.2.
(6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(7) A peace officer, as defined in subdivision (d) of Section 830.31.
(8) A peace officer, as defined in subdivisions (a) and (b) of Section 830.32.
(9) A peace officer, as defined in Section 830.5.
(10) A sworn member of the Department of Justice who is a peace officer, as defined in Section 830.1.
(11) A member of the San Francisco Bay Area Rapid Transit District Police Department, as defined in subdivision (a) of Section 830.33.
(b) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 4.5) and added by Stats. 2014, Ch. 872, Sec. 5.5. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18255.

18255. (a) Upon taking custody of a firearm or other deadly weapon pursuant to this division, the officer shall give the owner or person who possessed the firearm or other deadly weapon a receipt.
(b) The receipt shall describe the firearm or other deadly weapon and list any identification or serial number on the firearm.
(c) The receipt shall indicate where the firearm or other deadly weapon can be recovered, the time limit for recovery as required by this division, and the date after which the owner or possessor can recover the firearm or other deadly weapon.
(d) The receipt shall include the name and residential mailing address of the owner or person who possessed the firearm or other deadly weapon.
(Amended by Stats. 2018, Ch. 185, Sec. 1. (AB 2176) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18260.

18260. Any peace officer, as defined in subdivisions (a) and (b) of Section 830.32, who takes custody of a firearm or other deadly weapon pursuant to this division, shall deliver the firearm or other deadly weapon within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the college or school is located.
(Amended by Stats. 2018, Ch. 185, Sec. 2. (AB 2176) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18265.

18265. (a) No firearm or other deadly weapon taken into custody pursuant to this division shall be held less than 48 hours.
(b) Except as provided in Section 18400, if a firearm or other deadly weapon is not retained for use as evidence related to criminal charges brought as a result of the domestic violence incident or is not retained because it was illegally possessed, the firearm or other deadly weapon shall be made available to the owner or person who was in lawful possession 48 hours after the seizure, or as soon thereafter as possible, but no later than five business days after the owner or person who was in lawful possession demonstrates compliance with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(c) In any civil action or proceeding for the return of any firearm, ammunition, or other deadly weapon seized by any state or local law enforcement agency and not returned within five business days after the initial seizure, except as provided in Section 18270, the court shall allow reasonable attorney’s fees to the prevailing party.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18270.

18270. If a firearm or other deadly weapon has been stolen and has been taken into custody pursuant to this division, it shall be restored to the lawful owner upon satisfaction of all of the following conditions:
(a) Its use for evidence has been served.
(b) The owner identifies the firearm or other deadly weapon and provides proof of ownership.
(c) The law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 1 - Seizure and Subsequent Procedures › Section 18275.

18275. (a) Any firearm or other deadly weapon that has been taken into custody and held by any of the following law enforcement authorities for longer than 12 months, and has not been recovered by the owner or person who had lawful possession at the time it was taken into custody, shall be considered a nuisance and destroyed as provided in subdivision (a) of Section 18005:
(1) A police, university police, or sheriff’s department.
(2) A marshal’s office.
(3) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(4) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(5) A peace officer, as defined in subdivision (d) of Section 830.31.
(6) A peace officer, as defined in Section 830.5.
(b) If a firearm or other deadly weapon is not recovered within 12 months due to an extended hearing process as provided in Section 18420, it is not subject to destruction until the court issues a decision, and then only if the court does not order the return of the firearm or other deadly weapon to the owner.
(Amended by Stats. 2022, Ch. 58, Sec. 36. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 2 - Procedure Where Agency Believes Return of Weapon Would Create Danger › Section 18400.

18400. (a) When a law enforcement agency has reasonable cause to believe that the return of a firearm or other deadly weapon seized under this division would be likely to result in endangering the victim or the person who reported the assault or threat, the agency shall so advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned.
(b) The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition.
(c) Including any extension of time granted in response to an ex parte request, a petition must be filed within 90 days of the date of seizure of the firearm or other deadly weapon.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 2 - Procedure Where Agency Believes Return of Weapon Would Create Danger › Section 18405.

18405. (a) If a petition is filed under Section 18400, the law enforcement agency shall inform the owner or person who had lawful possession of the firearm or other deadly weapon, at that person’s last known address, by registered mail, return receipt requested, that the person has 30 days from the date of receipt of the notice to respond to the court clerk to confirm the person’s desire for a hearing, and that the failure to respond shall result in a default order forfeiting the confiscated firearm or other deadly weapon.
(b) For purposes of this section, the person’s last known address shall be presumed to be the address provided to the law enforcement officer by that person at the time of the domestic violence incident.
(c) In the event the person whose firearm or other deadly weapon was seized does not reside at the last address provided to the agency, the agency shall make a diligent, good faith effort to learn the whereabouts of the person and to comply with these notification requirements.
(Amended by Stats. 2018, Ch. 185, Sec. 3. (AB 2176) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 2 - Procedure Where Agency Believes Return of Weapon Would Create Danger › Section 18410.

18410. (a) If the person who receives a petition under Section 18405 requests a hearing, the court clerk shall set a hearing no later than 30 days from receipt of that request.
(b) The court clerk shall notify the person, the law enforcement agency involved, and the district attorney of the date, time, and place of the hearing.
(c) Unless it is shown by a preponderance of the evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 2 - Procedure Where Agency Believes Return of Weapon Would Create Danger › Section 18415.

18415. If the person who receives a petition under Section 18405 does not request a hearing or does not otherwise respond within 30 days of the receipt of the notice, the law enforcement agency may file a petition for an order of default and may dispose of the firearm or other deadly weapon as provided in Sections 18000 and 18005.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 2 - Procedure Where Agency Believes Return of Weapon Would Create Danger › Section 18420.

18420. (a) If, at a hearing under Section 18410, the court does not order the return of the firearm or other deadly weapon to the owner or person who had lawful possession, that person may petition the court for a second hearing within 12 months from the date of the initial hearing.
(b) If there is a petition for a second hearing, unless it is shown by clear and convincing evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party.
(c) If the owner or person who had lawful possession does not petition the court within this 12-month period for a second hearing or is unsuccessful at the second hearing in gaining return of the firearm or other deadly weapon, the firearm or other deadly weapon may be disposed of as provided in Sections 18000 and 18005.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 4 - SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT SCENE OF DOMESTIC VIOLENCE › CHAPTER 3 - Liability › Section 18500.

18500. The law enforcement agency, or the individual law enforcement officer, shall not be liable for any act in the good faith exercise of this division.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18710.

18710. (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a public offense.
(b) A person, firm, or corporation who is convicted of an offense under subdivision (a) shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both this fine and imprisonment.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18715.

18715. (a) Every person who recklessly or maliciously has in possession any destructive device or any explosive in any of the following places is guilty of a felony:
(1) On a public street or highway.
(2) In or near any theater, hall, school, college, church, hotel, or other public building.
(3) In or near any private habitation.
(4) In, on, or near any aircraft, railway passenger train, car, cable road, cable car, or vessel engaged in carrying passengers for hire.
(5) In, on, or near any other public place ordinarily passed by human beings.
(b) An offense under subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for a period of two, four, or six years.
(Amended by Stats. 2011, Ch. 15, Sec. 531. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18720.

18720. Every person who possesses any substance, material, or any combination of substances or materials, with the intent to make any destructive device or any explosive without first obtaining a valid permit to make that destructive device or explosive, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(Amended by Stats. 2011, Ch. 15, Sec. 532. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18725.

18725. Every person who willfully does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years:
(a) Carries any destructive device or any explosive on any vessel, aircraft, car, or other vehicle that transports passengers for hire.
(b) While on board any vessel, aircraft, car, or other vehicle that transports passengers for hire, places or carries any destructive device or any explosive in any hand baggage, roll, or other container.
(c) Places any destructive device or any explosive in any baggage that is later checked with any common carrier.
(Amended by Stats. 2011, Ch. 15, Sec. 533. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18730.

18730. Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, or knowingly transports any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(Amended by Stats. 2011, Ch. 15, Sec. 534. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18735.

18735. (a) Except as provided by this chapter, any person, firm, or corporation who, within this state, sells, offers for sale, possesses or knowingly transports any fixed ammunition of a caliber greater than .60 caliber is guilty of a public offense.
(b) Upon conviction of an offense under subdivision (a), a person, firm, or corporation shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine not to exceed one thousand dollars ($1,000), or by both this fine and imprisonment.
(c) A second or subsequent conviction shall be punished by imprisonment in the county jail for a term not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed three thousand dollars ($3,000), or by both this fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 535. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18740.

18740. Every person who possesses, explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property, is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a period of three, five, or seven years.
(Amended by Stats. 2011, Ch. 15, Sec. 536. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18745.

18745. Every person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to commit murder is guilty of a felony, and shall be punished by imprisonment in the state prison for life with the possibility of parole.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18750.

18750. Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for a period of five, seven, or nine years.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18755.

18755. (a) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes the death of any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life without the possibility of parole.
(b) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive that causes mayhem or great bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 1 - Prohibited Acts › Section 18780.

18780. A person convicted of a violation of this chapter shall not be granted probation, and the execution of the sentence imposed upon that person shall not be suspended by the court.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 2 - Exemptions › Section 18800.

18800. (a) Nothing in this chapter prohibits the sale to, purchase by, or possession, transportation, storage, or use of, a destructive device or explosive by any of the following:
(1) Any peace officer listed in Section 830.1 or 830.2, or any peace officer in the Department of Justice authorized by the Attorney General, while on duty and acting within the scope and course of employment.
(2) Any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of employment.
(b) Nothing in this chapter prohibits the sale to, or the purchase, possession, transportation, storage, or use by any person who is a regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, while on duty and acting within the scope and course of employment, of any equipment used by that department or agency in the course of fire suppression.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 3 - Permit and Inspection › Section 18900.

18900. (a) Every dealer, manufacturer, importer, and exporter of any destructive device, or any motion picture or television studio using destructive devices in the conduct of its business, shall obtain a permit for the conduct of that business from the Department of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision (a) shall obtain a permit from the Department of Justice in order to possess or transport any destructive device. No permit shall be issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(c) An application for a permit shall comply with all of the following:
(1) It shall be filed in writing.
(2) It shall be signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation.
(3) It shall state the name, business in which engaged, business address, and a full description of the use to which the destructive devices are to be put.
(d) Applications and permits shall be uniform throughout the state on forms prescribed by the Department of Justice.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 3 - Permit and Inspection › Section 18905.

18905. (a) Each applicant for a permit under this article shall pay at the time of filing the application a fee not to exceed the application processing costs of the Department of Justice.
(b) A permit granted under this article may be renewed one year from the date of issuance, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee not to exceed the application processing costs of the Department of Justice.
(c) After the department establishes fees sufficient in amount to cover processing costs, the amount of the fees shall only increase at a rate not to exceed the legislatively approved cost-of-living adjustment for the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 3 - Permit and Inspection › Section 18910.

18910. (a) Except as provided in subdivision (b), the Department of Justice shall, for every person, firm, or corporation to whom a permit is issued under this article, annually conduct an inspection for security and safe storage purposes, and to reconcile the inventory of destructive devices.
(b) A person, firm, or corporation with an inventory of fewer than five devices that require any Department of Justice permit shall be subject to an inspection for security and safe storage purposes, and to reconcile inventory, once every five years, or more frequently if determined by the department.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 1 - Destructive Devices and Explosives Generally › ARTICLE 4 - Destructive Device Constituting Nuisance › Section 19000.

19000. (a) Possession of any destructive device in violation of this chapter is a public nuisance.
(b) The Attorney General or district attorney of any city, county, or city and county may bring an action in the superior court to enjoin the possession of any destructive device.
(c) Any destructive device found to be in violation of this chapter shall be surrendered to the Department of Justice, or to the sheriff or chief of police, if the sheriff or chief of police has elected to perform the services required by this section. The department, sheriff, or chief of police shall destroy the destructive device so as to render it unusable and unrepairable as a destructive device, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the destructive device is necessary to serve the ends of justice.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
2023 California Code › Penal Code - PEN › PART 6 - CONTROL OF DEADLY WEAPONS › TITLE 2 - WEAPONS GENERALLY › DIVISION 5 - DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR WEAPONS › CHAPTER 2 - Explosive Substance Other Than Fixed Ammunition › Section 19100.

19100. Except as provided in Chapter 1 (commencing with Section 17700) of Division 2, any person in this state who carries concealed upon the person any explosive substance, other than fixed ammunition, is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2012, Ch. 43, Sec. 84. (SB 1023) Effective June 27, 2012.)