California Family Code

§ 6322.5

FAM § 6322.5 Effective Jan 1, 2022Div. 10 · Part 4 · Ch. 2 · Art. 1

Statute text

(a)When relevant information is presented to the court at a noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information and determine, by a preponderance of the evidence, whether the person subject to a protective order has a firearm or ammunition in, or subject to, their immediate possession or control in violation of Section 6389.

(b)(1) In making the determination required pursuant to subdivision (a), the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted pursuant to subdivision (h) of Section 6389.

(2)The court may make the determination at a noticed hearing when a domestic violence protective order is issued, at a subsequent review hearing, or at any subsequent family or juvenile law hearing while the order remains in effect.

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Legislative history

Added by Stats. 2021, Ch. 685, Sec. 5. (SB 320) Effective January 1, 2022.