Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 03/03/2016 03/03/201 9 03/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
408 – Gun Violence Restraining Order 1 POLICY 408 GUN VIOLENCE RESTRAINING ORDER
408.1 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. A gun v iolence restraining
order prohibits a person from having in his/her custody or control, owning, purchasing, possessing or
receiving any firearms or ammunition (Penal Code § 18100).
408.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CAL EA Standards: N/A
408.2 GUN VIOLENCE RESTRAINING ORDERS
A temporary emergency gun violence restraining order may be requested of a judicial officer if a law
enforcement officer reasonably believes a person poses an immediate and present danger to him/h erself
or others by controlling, owning, purchasing, possessing or receiving a firearm. An officer must also
describe why less -restrictive alternatives are ineffective, inadequate or inappropriate for the circumstance
of the restrained person. An officer w ho is granted a temporary gun violence restraining order shall serve
the order on the restrained person if they can reasonably be located.
408.3 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS
An officer serving any gun violence restraining order shall req uest any firearms or ammunit ion be
immediately surrendered. A receipt shall be issued for all firearms surrendered.
408.4 SEARCH WARRANTS
If a person who has been served with a gun violence restraining order refuses to surrender any firearm
or ammunit ion, the officer should consider whether to seek a search warrant. If a search warrant is to be
obtained the officer serving the warrant shall take custody of an y firearm or ammunition that is controlled,
possessed or owned by the person who is the subject of the gun violence restraining order, including any
discovered pursuant to t he warrant, a consensual search or other lawful search.
If the location being searched is jointly occupied and the fi rearm or ammunition is owned by a person
other than the res trained person, the firearm or ammunition should not be seized . The firearm or
ammunition can be stored in a manner that does not allow the restrained p erson to have control or
access and t here is no evidence that the owner unlawfully possesses the firearm or ammunition.
If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is
discovered, the officer shall not search the contents of the safe unless the owner consents or there is a
valid search warrant for the safe. Any search of the safe should be done in the owner’s presence.
408.5 FIREARMS AND AMMUNITION SURRENDER
A person subject to a gun violence restraining order must surrender to local law enforcement or, sell or
transfer all firearms and ammunition w ithin 24 hours of being served with an order. The Tustin Police
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 03/03/2016 03/03/201 9 03/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
408 – Gun Violence Restraining Order 2 Department shall accept firearms and ammun ition from a restrained individual of a gun violence
restraining order. A property report shall be taken and a receipt of all items surrendered given to
restrained party.
408.6 DOCUMENTATION
The gun violence restraining order is completed using judicial council form EPO -002. Officers shall
submit to the Records Unit a copy of the restraining order for a CLETS entry prior to the end of their shift.
The Records Unit will be responsible for entering the restraining orders and/or proof of service into DOJ
CRPOS within 24 hours and forwarding documentation to the court.
408.7 RETURN OF FIREARMS AND AMMUNITION
Firearms and ammunition taken into tempor ary custody , or surrendered pursuant to a gun violence
restraining order , shall be returned to the restrained person upon expiration of the order and in
accordance with Penal Code section 33850.