Red Flag Statutes Gun Violence Restraining Orders

Red Flag Statutes
Gun Violence Restraining Orders

R.C. Phillips
March, 2021

P.C. § 18100:  Purpose of the Order:

(a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.

(b) For purposes of this chapter, the term “ammunition” includes a “magazine” as defined in Section 16890.

Note:

P.C. § 16890:  Magazine Defined: “‘(M)agazine’ means any ammunition feeding device.”

P.C. § 18105:  Forms and Rules of Court by Judicial ....

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