Policy Text
Policy Delano Police Department
342 Delano PD Policy Manual
Gun Violence Restraining Orders
342.1 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.
342.1.1 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).
342.2 POLICY
It is the policy of the Delano Police Department to petition 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.
342.3 GUN VIOLENCE RESTRAINING ORDERS
An officer who reasonably believes a person is a present danger to him/herself or another person
by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm
may request permission from his/her supervisor to petition the court for a gun violence restraining
order.
Officers petitioning the court should use the forms established by the Judicial Council (Penal
Code § 18105). The petition should describe the number, types, and locations of any firearms
and ammunition that the officer believes to be possessed or controlled by the person (Penal Code
§ 18107). The petition should also describe why less-restrictive alternatives are ineffective or
inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code §
18175).
If it is not practical under the circumstances to submit a written petition, an officer may orally
request an order, and then prepare and sign a declaration under penalty of perjury that recites
the oral statements provided to the judicial officer and memorialize the order of the court on the
appropriate Judicial Council form (Penal Code § 18140).
342.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS
An officer serving any gun violence restraining order shall:
(a) Verbally ask the subject of the order if he/she has any firearm, ammunition, or
magazine in his/her possession or under his/her custody or control (Penal Code §
18160).
(b) Request that any firearms or ammunition be immediately surrendered and issue a
receipt for the surrendered items (Penal Code § 18120).
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Gun Violence Restraining Orders - 1
Published with permission by Delano Police Department