California Penal Code

§ 29825.5

PEN § 29825.5 Effective Jan 1, 2025Div. 9 · Title 4 · Part 6 · Ch. 2 · Art. 1

Statute text

(a)A person subject to a protective order issued pursuant to subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9 shall relinquish any firearm they possess or control pursuant to this section.

(b)Upon the issuance of a protective order, the court shall order the restrained person to relinquish any firearm in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm to the control of a local law enforcement agency, or by selling the firearm to a licensed firearms dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6. The court shall provide the person with information on how any firearms or ammunition still in the possession of the restrained party are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment.

(c)If a person refuses to relinquish a firearm or ammunition based on an assertion of the right against self-incrimination as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition as required pursuant to this section.

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Legislative history

Added by Stats. 2024, Ch. 538, Sec. 9. (AB 2907) Effective January 1, 2025.