AB 1014 Summary

• Establishes three types of gun violence restraining orders: temporary emergency orders (lasting 21 days, issued ex parte by law enforcement request), ex parte orders (lasting up to 21 days with court hearing required within 21 days), and standard orders (lasting one year, renewable, requiring clear and convincing evidence).

• Requires courts to order persons subject to gun violence restraining orders to surrender all firearms and ammunition to local law enforcement within 24 hours or sell to licensed dealers, with law enforcement retaining custody until order expiration.

• Makes it a misdemeanor to file a false petition for a gun violence restraining order or to knowingly possess firearms while prohibited by such an order; violators are prohibited from possessing firearms for five years after order expiration.

• Allows search warrants for firearms and ammunition when a person subject to a gun violence restraining order has been served and failed to relinquish weapons, and requires law enforcement officers serving such orders to take temporary custody of any firearms in plain sight.

• Requires courts to notify the Department of Justice when orders are issued, renewed, dissolved, or terminated, and authorizes the department to use mental health facility records to determine eligibility for firearms possession in gun violence restraining order cases; effective January 1, 2016.