California Penal Code

§ 18175

PEN § 18175 Effective Jan 1, 2020Div. 3.2 · Title 2 · Part 6 · Ch. 4

Statute text

(a)In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of the facts identified in paragraph (2) of subdivision (b) of Section 18155.

(b)At the hearing, the petitioner has the burden of proving, by clear and convincing evidence, that both of the following are true:

(1)The subject of the petition, or a person subject to a temporary emergency gun violence restraining order or an ex parte gun violence restraining order, as applicable, poses a significant danger of causing personal injury to themselves or another by having in the subject’s or person’s custody or control, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine.

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Legislative history

Repealed (in Sec. 2.1) and added by Stats. 2019, Ch. 733, Sec. 2.2. (AB 1493) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.