California Penal Code

§ 18120.5

PEN § 18120.5 Effective Jan 1, 2025Div. 3.2 · Title 2 · Part 6 · Ch. 1

Statute text

(a)When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 136.2 or Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 has a firearm in or subject to their immediate possession or control in violation of the order.

(b)(1) In making a determination under this section, 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.

(2)The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect.

…

Legislative history

Added by Stats. 2024, Ch. 544, Sec. 16. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.