Policy Text
TOM DARE’ , CHIEF OF POLICE
Professional Standards Division NUMBER: 2022 -03
ISSUED: March 2 , 2022
SB 320: Domestic Violence Restraining Orders: Possession of a Firearm
Effective January 1, 2022 SB 320 went into effect. SB 320 amends several
Domestic Violence statutes in the Family Code, Penal Code and Welfare & Institution Code
(Adds Family Code 6322.5). The following is a summary of SB 320.
Court Requirements
- Make a written record as to whether the subject has relinquished their
firearm(s)
- Clerk of the court SHALL immediately notify, by the most effective means
available, appropriate Law Enforcement Agency and parole or probation officer.
- Violations of the firearms prohibition SHALL be reported to the prosecuting
attorney in the jurisdiction where the order has bee n issued within 2 business
days.
Law Enforcement Requirements
- Family Code 6306(f): “The law enforcement officials so notified shall take all
actions necessary to obtain those and any other firearms or ammunition
owned, possessed, or controlled by the res trained person and to
address any violation of the order with respect to firearms or
ammunition as appropriate and as soon as practicable.
- Family Code 6389(c)(5): “Every law enforcement agency in the state shall
develop, adopt, and implement written polic ies and standards for law
enforcement officers who request immediate relinquishment of firearms or
ammunition.”
TRAINING BULLETIN
Court Orders (Emergency Protective Orders):
- An officer who obtains an emergency protective order from the court shall serve it
on the restrained person if the person can be reasonably located, and shall provide the
person protected or the person’s parent/guardian with a copy of the order. The officer
shall file a copy with the court as soon as practicable and shall have the order entered
into the computer database system for protective and restraining orders maintained by
the Department of Justice (Family Code § 6271; Penal Code § 646.91).
- At the request of the petitioner, an officer at the scene of a reported domestic
violence incident s hall serve a court order on a restrained person (Family Code
§ 6383; Penal Code § 13710).
- Any officer serving a protective order that indicates that the respondent possesses
weapons or ammunition shall request that the firearm/ammunition be
immediately surrendered (Family Code § 6389(c)(2)).
- During the service of a protective order any firearm discovered in plain view or
pursuant to consent or other lawful search shall be taken into temporary
custody (Penal Code § 18250).
- Officers who seize any firearm, ammunition, or other deadly weapon in a domestic
violence incident shall issue the individual possessing such weapon a receipt that
includes the name and residential mailing address of the owner or person who
possessed the weapon and notice of where the we apon may be recovered,
along with the applicable time limit for recovery (Penal Code § 18250; Penal Code
§ 18255; Penal Code § 33800; Family Code § 6389(c)).
Main Topics:
- After Obtaining an EPO, officer SHALL serve the suspect with the EPO when
possible.
- Officers SHALL request firearms/ammunition be IMMEDIATELY surrendered
- Any firearms discovered in plain view OR pursuant to a consent or other lawful
search SHALL be taken into temporary custody.
- Officers SHALL provide the individual with a receipt after t aking temporary
custody of firearms.
o Firearms SHALL be held for a minimum of 48 hours and no longer than 5
business days. (See below for exceptions)
o If there is (1) a protection order in place OR (2) the firearm was taken as
evidence OR (3) it was illegall y possessed, then they will have to get
approval from the assigned detective or court order prior to release .
(Penal Code § 18265)
Prepared by: Detective Gerald Jordan, Crimes Against Persons