SECTIONS 18400-18420 - California Statutes

PENAL CODE

SECTION 18400-18420

18400. (a) When a law enforcement agency has reasonable cause to
believe that the return of a firearm or other deadly weapon seized
under this division would be likely to result in endangering the
victim or the person who reported the assault or threat, the agency
shall so advise the owner of the firearm or other deadly weapon, and
within 60 days of the date of seizure, initiate a petition in
superior court to determine if the firearm or other deadly weapon
should be returned.
(b) The law enforcement agency may make an ex parte application
stating good cause for an order extending the time to file a
petition.
(c) Including any extension of time granted in response to an ex
parte request, a petition must be filed within 90 days of the date of
seizure of the firearm or other deadly weapon.

18405. (a) If a petition is filed under Section 18400, the law
enforcement agency shall inform the owner or person who had lawful
possession of the firearm or other deadly weapon, at that person's
last known address, by registered mail, return receipt requested,
that the person has 30 days from the date of receipt of the notice to
respond to the court clerk to confirm the person's desire for a
hearing, and that the failure to respond shall result in a default
order forfeiting the confiscated firearm or other deadly weapon.
(b) For purposes of this section, the person's last known address
shall be presumed to be the address provided to the law enforcement
officer by that person at the time of the family violence incident.
(c) In the event the person whose firearm or other deadly weapon
was seized does not reside at the last address provided to the
agency, the agency shall make a diligent, good faith effort to learn
the whereabouts of the person and to comply with these notification
requirements.

18410. (a) If the person who receives a petition under Section
18405 requests a hearing, the court clerk shall set a hearing no
later than 30 days from receipt of that request.
(b) The court clerk shall notify the person, the law enforcement
agency involved, and the district attorney of the date, time, and
place of the hearing.
(c) Unless it is shown by a preponderance of the evidence that the
return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or threat,
the court shall order the return of the firearm or other deadly
weapon and shall award reasonable attorney's fees to the prevailing
party.

18415. If the person who receives a petition under Section 18405
does not request a hearing or does not otherwise respond within 30
days of the receipt of the notice, the law enforcement agency may
file a petition for an order of default and may dispose of the
firearm or other deadly weapon as provided in Sections 18000 and
18005.

18420. (a) If, at a hearing under Section 18410, the court does not
order the return of the firearm or other deadly weapon to the owner
or person who had lawful possession, that person may petition the
court for a second hearing within 12 months from the date of the
initial hearing.
(b) If there is a petition for a second hearing, unless it is
shown by clear and convincing evidence that the return of the firearm
or other deadly weapon would result in endangering the victim or the
person reporting the assault or threat, the court shall order the
return of the firearm or other deadly weapon and shall award
reasonable attorney's fees to the prevailing party.
(c) If the owner or person who had lawful possession does not
petition the court within this 12-month period for a second hearing
or is unsuccessful at the second hearing in gaining return of the
firearm or other deadly weapon, the firearm or other deadly weapon
may be disposed of as provided in Sections 18000 and 18005.