Gun_Violence_Restraining_Orders

Policy 340CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentGun Violence Restraining Orders - 1Gun Violence Restraining Orders 340.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders (Penal Code § 18108). 340.1.1 DEFINITIONS Definitions related to this policy include: Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving, or otherwise having custody of any firearms or ammunition, including an ammunition magazine (Penal Code § 18100). 340.2 POLICY It is the policy of the CSU Police Department to petition for and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Department pursuant to such orders. 340.3 GUN VIOLENCE RESTRAINING ORDER COORDINATOR The Chief of Police will appoint a gun violence restraining order coordinator. The responsibilities of the coordinator include: (a)Developing and maintaining procedures for the filing of a petition for an order or a renewal of an order by department members, also including procedures for requesting and serving (Penal Code § 18108): 1.A temporary emergency gun violence restraining order. 2.An ex parte gun violence restraining order. 3.A gun violence restraining order issued after notice and hearing. 4.Renewal orders. (b)Developing and maintaining factors to consider when assessing the need to seek an order, including (Penal Code § 18108; Penal Code § 18155): 1.Whether threats have been made, and if so, whether the threats are credible and specific. 2.Whether the potential victim is within close proximity. 3.Whether the person has expressed suicidal tendencies. 4.Whether the person has access to firearms. 5.The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release. CSU Police Department Systemwide Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentGun Violence Restraining Orders - 26.The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others. 7.Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member. 8.Whether the person has any history of drug or alcohol abuse. (c)Developing and maintaining procedures for the receipt and service of orders consistent with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code § 18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include: 1.Evaluation of an order to determine appropriate service and necessary precautions (see the Warrant Service Policy and the Operations Planning and Deconfliction Policy). 2.Forwarding orders to the Records Supervisor for recording in appropriate databases and required notice to the court, as applicable. 3.Preparing or obtaining a search warrant prior to attempting service of an order, when appropriate (Penal Code § 18108). 4.Seizure procedures of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order. 5.Verification procedures for the removal of firearms and ammunition from the subject of a gun violence restraining order (Penal Code § 18108). (d)Coordinating with the Training Manager to provide officers who may be involved in petitioning for or serving orders with training on such orders. Training should include determining when a petition is appropriate, the process for seeking an order, and the service of such orders. (e)Reviewing each petition and any associated court documents for an order prepared by members, for compliance with this policy, department procedures, and state law. (f)Except for temporary emergency gun violence restraining orders, the department shall provide all gun violence restraining orders for review and/or approval by the Office of General Counsel through the campus counsel. A copy of all temporary emergency gun violence restraining orders must be provided to campus counsel immediately after issuance. (g)Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an order is being served by the Department. 1.Procedures should include preparing and providing a receipt identifying all prohibited items to the person surrendering the items. (h)Coordinating review of notices of court hearings and providing notice to the appropriate officer of the hearing date and the responsibility to appear and participate in the evidence presentation process (Penal Code § 18108). CSU Police Department Systemwide Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentGun Violence Restraining Orders - 3(i)Coordinating with the Training Manager to ensure officers remain current with the following (Penal Code § 18108): 1.Types of evidence a court considers when determining whether grounds exist for the issuance of a gun violence restraining order as provided in Penal Code § 18155 (Grounds for gun violence restraining order; examination by court). 2.The different procedures and protections afforded by different types of firearm- prohibiting emergency protective orders that are