(a) 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, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), 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:
(1) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer of a city, as defined in subdivision (a) of Section 830.1.
(2) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(3) A member of the University of California Police Department, as defined in subdivision (b) of Section 830.2.
(4) An officer listed in Section 830.6, while acting in the course and scope of the officer’s employment as a peace officer.
(5) A member of a California State University Police Department, as defined in subdivision (c) of Section 830.2.
(6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(7) A peace officer, as defined in subdivision (d) of Section 830.31.
(8) A peace officer, as defined in subdivisions (a) and (b) of Section 830.32.
(9) A peace officer, as defined in Section 830.5.
(10) A sworn member of the Department of Justice who is a peace officer, as defined in Section 830.1.
(11) A member of the San Francisco Bay Area Rapid Transit District Police Department, as defined in subdivision (a) of Section 830.33.
(b) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 4.5) and added by Stats. 2014, Ch. 872, Sec. 5.5. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
Last modified: October 25, 2018