(a) Temporary Emergency Protective Orders. The Police Department (“SFPD”) shall seek to obtain a temporary emergency protective order when one or more officers are on the scene of an incident and there is reasonable cause to believe that: (1) the subject of the prospective GVRO poses an immediate and present danger of causing personal injury to self or others by having custody or control, owning, purchasing, possessing, receiving, or attempting to purchase or receive, a firearm or ammunition; and (2) the GVRO is necessary to prevent personal injury to self or others because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances. The SFPD officer who requests a temporary emergency gun violence restraining order shall:
(1) If the request is made orally, 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.
(2) Serve the order on the restrained person, if the restrained person can reasonably be located.
(3) File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.
(4) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.
(b) Temporary Ex Parte GVROs. In coordination with the City Attorney’s Office, SFPD shall seek to obtain a temporary ex parte GVRO when one or more officers believe that: (1) there a substantial likelihood that the individual who is the subject of the GVRO poses a significant danger, in the near future, of causing personal injury to self or others by having custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition as determined by considering the factors listed in California Penal Code 18155; and (2) the GVRO is necessary to prevent injury to self or others because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances.
(c) One-to-Five-Years Bans. In coordination with the City Attorney’s Office, SFPD shall seek to obtain a court order for one-to-five years, when there is a finding by clear and convincing evidence that: (1) the subject of the GVRO poses a significant danger of causing personal injury to self or others by having custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and (2) A GVRO is necessary to prevent personal injury to self or others because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances. In coordination with the City Attorney’s Office, SFPD shall re-examine every such court order at least two months prior to its expiration to determine whether re-petitioning the court to extend the ban is warranted.
(d) Subsections (a)-(c) shall be implemented in a manner that is consistent with California law. Accordingly, before September 1, 2020 (i.e., before the provisions of AB 12 and AB 61 are operative), subsections (a)-(c) are operative only to the extent permitted by California law before September 1, 2020. As of September 1, 2020, subsections (a)-(c) are fully operative.
(e) California Penal Code section 18205 makes “every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.” A valid GVRO issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order as specified in Cal. Penal Code section 18205 must be issued upon a showing by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another because of owning or possessing a firearm or ammunition.