SECTIONS 18250-18275 - California Statutes

PENAL CODE

SECTION 18250-18275

18250. If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, that person shall take temporary custody of any
firearm or other deadly weapon in plain sight or discovered pursuant
to a consensual or other lawful search as necessary for the
protection of the peace officer or other persons present:
(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.
(b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
(c) A member of the University of California Police Department, as
defined in subdivision (b) of Section 830.2.
(d) An officer listed in Section 830.6, while acting in the course
and scope of the officer's employment as a peace officer.
(e) A member of a California State University Police Department,
as defined in subdivision (c) of Section 830.2.
(f) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
(g) A peace officer, as defined in subdivision (d) of Section
830.31.
(h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.
(i) A peace officer, as defined in Section 830.5.

18255. (a) Upon taking custody of a firearm or other deadly weapon
pursuant to this division, the officer shall give the owner or person
who possessed the firearm a receipt.
(b) The receipt shall describe the firearm or other deadly weapon
and list any identification or serial number on the firearm.
(c) The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this division, and the date after which the owner or possessor can
recover the firearm or other deadly weapon.

18260. Any peace officer, as defined in subdivisions (a) and (b) of
Section 830.32, who takes custody of a firearm or deadly weapon
pursuant to this division, shall deliver the firearm within 24 hours
to the city police department or county sheriff's office in the
jurisdiction where the college or school is located.

18265. (a) No firearm or other deadly weapon taken into custody
pursuant to this division shall be held less than 48 hours.
(b) Except as provided in Section 18400, if a firearm or other
deadly weapon is not retained for use as evidence related to criminal
charges brought as a result of the domestic violence incident or is
not retained because it was illegally possessed, the firearm or other
deadly weapon shall be made available to the owner or person who was
in lawful possession 48 hours after the seizure, or as soon
thereafter as possible, but no later than five business days after
the owner or person who was in lawful possession demonstrates
compliance with Chapter 2 (commencing with Section 33850) of Division
11 of Title 4.
(c) In any civil action or proceeding for the return of any
firearm, ammunition, or other deadly weapon seized by any state or
local law enforcement agency and not returned within five business
days after the initial seizure, except as provided in Section 18270,
the court shall allow reasonable attorney's fees to the prevailing
party.

18270. If a firearm or other deadly weapon has been stolen and has
been taken into custody pursuant to this division, it shall be
restored to the lawful owner upon satisfaction of all of the
following conditions:
(a) Its use for evidence has been served.
(b) The owner identifies the firearm or other deadly weapon and
provides proof of ownership.
(c) The law enforcement agency has complied with Chapter 2
(commencing with Section 33850) of Division 11 of Title 4.

18275. (a) Any firearm or other deadly weapon that has been taken
into custody and held by any of the following law enforcement
authorities for longer than 12 months, and has not been recovered by
the owner or person who had lawful possession at the time it was
taken into custody, shall be considered a nuisance and sold or
destroyed as provided in subdivisions (a) and (b) of Section 18000
and subdivisions (a) and (b) of Section 18005:
(1) A police, university police, or sheriff's department.
(2) A marshal's office.
(3) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
(4) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
(5) A peace officer, as defined in subdivision (d) of Section
830.31.
(6) A peace officer, as defined in Section 830.5.
(b) If a firearm or other deadly weapon is not recovered within 12
months due to an extended hearing process as provided in Section
18420, it is not subject to destruction until the court issues a
decision, and then only if the court does not order the return of the
firearm or other deadly weapon to the owner.