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Policy 345Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentGun Violence Restraining Orders - 1Gun Violence Restraining Orders 345.1 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). 345.1.1 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). 345.2 POLICY It is the policy of the Santa Ana 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. 345.3 GUN VIOLENCE RESTRAINING ORDERS An officer who reasonably believes a person is a present danger to self or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from the officer's 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 submit the petition electronically or orally request a temporary order (Penal Code § 18122; Penal Code § 18140). 345.3.1 ADDITIONAL CONSIDERATIONS Officers should also consider requesting permission to petition the court for a gun violence restraining order (Penal Code § 18108): (a)When responding to a residence that is associated with a firearm registration or record. (b)When responding to any call or incident when a firearm is present or when one of the involved parties owns, possesses, or expresses an intent to acquire a firearm. Santa Ana Police Department Santa Ana PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentGun Violence Restraining Orders - 2(c)During a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm. Officers should consider obtaining a mental health evaluation if the encounter involves a situation where there is a reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themself or another person by having custody or control of a firearm or expresses intent to obtain a firearm (see the Mental Illness Commitments Policy) (Penal Code § 18108). 345.4 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). (c)Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (d)Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160). (e)Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115). (f)As soon as practicable, but by the end of his/her shift, submit proof of service to the Records Manager for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 345.4.1 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS An officer requesting a temporary emergency gun violence restraining order shall (Penal Code § 18140): (a)For oral requests, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council. (b)Serve the order on the restrained person if the person can be reasonably located. (c)Forward a copy of the order to the Records Manager for filing with the court and appropriate databases. Santa Ana Police Department Santa Ana PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentGun Violence