BILL NUMBER: AB 1290	CHAPTERED  09/24/03

	CHAPTER  495
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2003
	PASSED THE SENATE  SEPTEMBER 9, 2003
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN SENATE  JULY 14, 2003
	AMENDED IN ASSEMBLY  APRIL 29, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 21, 2003

   An act to amend Sections 646.91, 836, and 12021 of the Penal Code,
and to amend Section 15657.03 of the Welfare and Institutions Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1290, Jackson.  Firearms:  prohibitions.
   Existing law provides for various species of protective or
restraining orders.
   This bill would include within the provisions of certain of those
orders, prohibitions regarding owning, possessing, purchasing,
receiving, or attempting to purchase or receive firearms, as
specified.
   Existing law provides that owning, possessing, purchasing,
receiving, or attempting to purchase or receive a firearm in knowing
violation of certain restraining or protective orders is a crime.
   This bill would expand the scope of restraining or protective
orders the knowing violation of which in regard to owning,
possessing, purchasing, receiving, or attempting to purchase or
receive a firearm would be a crime.
   By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
   The bill would make other conforming changes.
   This bill would incorporate additional changes in Section 12021 of
the Penal Code, proposed by AB 319, SB 226 and SB 238, to become
operative only if this bill and one or more of the other bills are
enacted and become effective on or before January 1, 2004, and this
bill is enacted last.
   This bill would incorporate additional changes in Section 15657.03
of the Welfare and Institutions Code, proposed by SB 226, to become
operative only if SB 226 and this bill are both enacted and become
effective on or before January 1, 2004, and this bill is enacted
last.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 646.91 of the Penal Code is amended to read:
   646.91.  (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section 830.1, 830.2, or 830.32, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
   (b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
   (c) An emergency protective order shall include all of the
following:
   (1) A statement of the grounds asserted for the order.
   (2) The date and time the order expires.
   (3) The address of the superior court for the district or county
in which the protected party resides.
   (4) The following statements, which shall be printed in English
and Spanish:
   (A) "To the protected person:  This order will last until the date
and time noted above.  If you wish to seek continuing protection,
you will have to apply for an order from the court at the address
noted above.  You may seek the advice of an attorney as to any matter
connected with your application for any future court orders.  The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
   (B) "To the restrained person:  This order will last until the
date and time noted above.  The protected party may, however, obtain
a more permanent restraining order from the court.  You may seek the
advice of an attorney as to any matter connected with the
application.  The attorney should be consulted promptly so that the
attorney may assist you in responding to the application.  You may
not own, possess, purchase or receive, or attempt to purchase or
receive a firearm while this order is in effect."
   (d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
   (1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
   (2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
   (e) An emergency protective order may include either of the
following specific orders as appropriate:
   (1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
   (2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
   (f) An emergency protective order shall be issued without
prejudice to any person.
   (g) An emergency protective order expires at the earlier of the
following times:
   (1) The close of judicial business on the fifth court day
following the day of its issuance.
   (2) The seventh calendar day following the day of its issuance.
   (h) A peace officer who requests an emergency protective order
shall do all of the following:
   (1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
   (2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
   (3) File a copy of the order with the court as soon as practicable
after issuance.
   (i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
   (j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
   (k) A peace officer who requests an emergency protective order
under this section shall carry copies of the order while on duty.
   (l) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
   (m) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
   (n) A person subject to an emergency protective order under this
section shall not own, possess, purchase, or receive a firearm while
the order is in effect.
   (o) Nothing in this section shall be construed to permit a court
to issue an emergency protective order prohibiting speech or other
activities that are constitutionally protected or protected by the
laws of this state or by the United States or activities occurring
during a labor dispute, as defined by Section 527.3 of the Code of
Civil Procedure, including, but not limited to, picketing and hand
billing.
   (p) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
   (q) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this subdivision shall be construed to prevent punishment
under Section 646.9, in lieu of punishment under this section, if a
violation of Section 646.9 is also pled and proven.
  SEC. 2.  Section 836 of the Penal Code is amended to read:
   836.  (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
   (1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

   (2) The person arrested has committed a felony, although not in
the officer's presence.
   (3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
   (b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
  This information shall include advising the victim how to safely
execute the arrest.
   (c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer.  The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.
   (2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
   (3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the primary
aggressor.  In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the primary aggressor involved in the
incident.  The primary aggressor is the person determined to be the
most significant, rather than the first, aggressor.  In identifying
the primary aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
   (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiance, fiancee, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a
person with whom the suspect has parented a child, or is presumed to
have parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, any other person related to
the suspect by consanguinity or affinity within the second degree, or
any person who is 65 years of age or older and who is related to the
suspect by blood or legal guardianship a peace officer may arrest
the suspect without a warrant where both of the following
circumstances apply:
   (1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
   (2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
   (e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 12025 when all of the following apply:
   (1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 12025.
   (2) The violation of Section 12025 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.

   (3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 12025.
  SEC. 3.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or  646.91 of this code, or by a protective order  issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of
a public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.1.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use                                              of
any narcotic drug, who owns, purchases, receives, or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.2.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
                                                 (3) Judicial Council
shall provide notice on all protective orders that the respondent is
prohibited from owning, possessing, purchasing, receiving, or
attempting to purchase or receive a firearm while the protective
order is in effect.  The order shall also state that the firearm
shall be relinquished to the local law enforcement agency for that
jurisdiction or sold to a licensed gun dealer, and that proof of
surrender or sale shall be filed within a specified time of receipt
of the order.  The order shall state the penalties for a violation of
the prohibition.  The order shall also state on its face the
expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.3.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing in
this paragraph shall be construed to require courts to grant relief
to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 of 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code,  a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.  T
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, or receiving, or attempting to purchase or receive a
firearm while the protective order is in effect.  The order shall
also state that the firearm shall be relinquished to the local law
enforcement agency for that jurisdiction or sold to a licensed gun
dealer, and that proof of surrender or sale shall be filed within a
specified time of receipt of the order.  The order shall state the
penalties for a violation of the prohibition.  The order shall also
state on its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.4.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall
  inform the defendant of the prohibition regarding firearms and
include a form to facilitate the transfer of firearms.  Failure to
provide the notice shall not be a defense to a violation of this
section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.5.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure,  a protective order as defined in Section 6218 of
the Family Code, a protection order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.6.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being                                           added to
paragraph (1) may petition the court only once for relief from this
prohibition.  The petition shall be filed with the court in which the
petitioner was sentenced.  If possible, the matter shall be heard
before the same judge that sentenced the petitioner.  Upon filing the
petition, the clerk of the court shall set the hearing date and
notify the petitioner and the prosecuting attorney of the date of the
hearing.  Upon making each of the following findings, the court may
reduce or eliminate the prohibition, impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 of 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 3.7.  Section 12021 of the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in his or her possession or under his or her custody or control,
any firearm is guilty of a public offense, which shall be punishable
by imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.  The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this subdivision.  However, the prohibition in
this paragraph may be reduced, eliminated, or conditioned as provided
in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition.  The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner.  Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

   In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances.  The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court.  Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed.  It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition.  The petition shall be filed with
the court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing.  Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

   In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted.  However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition.  This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.  The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision.  The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any
firearm.  The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms.  Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years.  A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.  The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order as defined in Section 6218 of the Family Code, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.

   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect.  The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order.  The order shall state the penalties
for a violation of the prohibition.  The order shall also state on
its face the expiration date for relinquishment.
   (4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section.  The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law.  The protocol shall be completed on or before
January 1, 2005.
  SEC. 4.  Section 15657.03 of the Welfare and Institutions Code is
amended to read:
   15657.03.  (a) An elder or dependent adult who has suffered abuse
as defined in Section 15610.07 may seek protective orders as provided
in this section.
   (b) For the purposes of this section, "protective order" means an
order that includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a judgment:
   (1) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, or coming within a
specified distance of, or disturbing the peace of the petitioner.
   (2) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded or is in the name of the party
to be excluded and any other party besides the petitioner.
   (3) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
paragraph (1) or (2).
   (c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if an affidavit shows, to the satisfaction of
the court, reasonable proof of a past act or acts of abuse of the
petitioning elder or dependent adult.

(d) (1) Upon filing a petition for protective orders under this
section, the petitioner may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure, except to
the extent this section provides a rule that is inconsistent.  The
temporary restraining order may include any of the protective orders
described in subdivision (b).  However, the court may issue an ex
parte order excluding a party from the petitioner's residence or
dwelling only on a showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the petitioner.
   (C) That physical or emotional harm would otherwise result to the
petitioner.
   (2) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why a permanent order should not be
granted, on the earliest day that the business of the court will
permit, but not later than 20 days or, if good cause appears to the
court, 25 days from the date the temporary restraining order is
granted, unless the order is otherwise modified or terminated by the
court.
   (e) The court may issue, upon notice and a hearing, any of the
orders set forth in subdivision (b).  The court may issue, after
notice and hearing, an order excluding a person from a residence or
dwelling if the court finds that physical or emotional harm would
otherwise result to the other party.
   (f) In the discretion of the court, an order issued after notice
and a hearing under this section may have a duration of not more than
three years, subject to termination or modification by further order
of the court either on written stipulation filed with the court or
on the motion of a party.  These orders may be renewed upon the
request of a party, either for three years or permanently, without a
showing of any further abuse since the issuance of the original
order, subject to termination or modification by further order of the
court either on written stipulation filed with the court or on the
motion of a party.  The failure to state the expiration date on the
face of the form creates an order with a duration of three years from
the date of issuance.
   (g) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any affidavits in support of the
petition.  Service shall be made at least two days before the
hearing.  The court may, on motion of the petitioner or on its own
motion, shorten the time for service on the respondent.
   (h) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent.  The reissued
order shall be made returnable on the earliest day that the business
of the court will permit, but not later than 20 days or, if good
cause appears to the court, 25 days from the date of reissuance.  The
reissued order shall state on its face the date of expiration of the
order.
   (i) (1) If the person named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based thereon, but the
person does not appear at the hearing, either personally or by
counsel, and the terms and conditions of the restraining order or
protective order, are identical to the temporary restraining order,
except for the duration of the order, then the restraining order or
protective order may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.
   (2) The judicial form for orders issued pursuant to this
subdivision shall contain a statement in substantially the following
form:
   "NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED.
   IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING
ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO
NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A
RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING THAT
DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR
EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON
YOU BY MAIL AT THE FOLLOWING ADDRESS ____.  IF THAT ADDRESS IS NOT
CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER
WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE
COURT AT ____."
   (j) (1) The court shall order the petitioner or the attorney for
the petitioner to deliver, or the clerk of the court to mail, a copy
of an order issued under this section, or a reissuance, extension,
modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order,
reissuance, extension, modification, or termination was made, to each
local law enforcement agency designated by the petitioner or the
attorney for the petitioner having jurisdiction over the residence of
the petitioner, and to any additional law enforcement agencies
within the court's discretion as are requested by the petitioner.
Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.

   (2) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding.  The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service which the
officer shall complete and send to the issuing court.
   (3) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce a certified copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order.  Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Section 273.6 of
the Penal Code.
   (k) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (l) There is no filing fee for a petition, response, or paper
seeking the reissuance, modification, or enforcement of a protective
order filed in a proceeding brought pursuant to this section.
   (m) (1) Fees otherwise payable by a petitioner to a law
enforcement agency for serving an order issued under this section may
be waived in any case in which the petitioner has requested a fee
waiver on the initiating petition and has filed a declaration that
demonstrates, to the satisfaction of the court, the financial need of
the petitioner for the fee waiver.  The declaration required by this
subdivision shall be on one of the following forms:
   (A) The form formulated and adopted by the Judicial Council for
litigants proceeding in forma pauperis pursuant to Section 68511.3 of
the Government Code, but the petitioner is not subject to any other
requirements of litigants proceeding in forma pauperis.
   (B) Any other form that the Judicial Council may adopt for this
purpose pursuant to subdivision (p).
   (2) In conjunction with a hearing pursuant to this section, the
court may make an order for the waiver of fees otherwise payable by
the petitioner to a law enforcement agency for serving an order
issued under this section.
   (n) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (o) (1) An order issued pursuant to this section shall prohibit
the person subject to it from owning, possessing, purchasing, or
receiving, or attempting to purchase or receive a firearm.
   (2) Paragraph (1) shall not apply to a case consisting solely of
financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.
   (p) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
   (q) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code, by Chapter 3 (commencing with Section 525) of the Code of Civil
Procedure, or by Division 10 (commencing with Section 6200) of the
Family Code.  Nothing in this section shall preclude a petitioner's
right to use other existing civil remedies.
   (r) The Judicial Council shall promulgate forms and instructions
therefor, rules for service of process, scheduling of hearings, and
any other 7matters required by this section.  The petition and
response forms shall be simple and concise.
  SEC. 4.1.  Section 15657.03 of the Welfare and Institutions Code is
amended to read:
   15657.03.  (a) An elder or dependent adult who has suffered abuse
as defined in Section 15610.07 may seek protective orders as provided
in this section.
   (b) For the purposes of this section, "protective order" means an
order that includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a judgment:
   (1) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, or coming within a
specified distance of, or disturbing the peace of the petitioner.
   (2) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded or is in the name of the party
to be excluded and any other party besides the petitioner.
   (3) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
paragraph (1) or (2).
   (c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if an affidavit shows, to the satisfaction of
the court, reasonable proof of a past act or acts of abuse of the
petitioning elder or dependent adult.
   (d) (1) Upon filing a petition for protective orders under this
section, the petitioner may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure, except to
the extent this section provides a rule that is inconsistent.  The
temporary restraining order may include any of the protective orders
described in subdivision (b).  However, the court may issue an ex
parte order excluding a party from the petitioner's residence or
dwelling only on a showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the petitioner.
   (C) That physical or emotional harm would otherwise result to the
petitioner.
   (2) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why a permanent order should not be
granted, on the earliest day that the business of the court will
permit, but not later than 20 days or, if good cause appears to the
court, 25 days from the date the temporary restraining order is
granted, unless the order is otherwise modified or terminated by the
court.
   (e) The court may issue, upon notice and a hearing, any of the
orders set forth in subdivision (b).  The court may issue, after
notice and hearing, an order excluding a person from a residence or
dwelling if the court finds that physical or emotional harm would
otherwise result to the other party.
   (f) In the discretion of the court, an order issued after notice
and a hearing under this section may have a duration of not more than
three years, subject to termination or modification by further order
of the court either on written stipulation filed with the court or
on the motion of a party.  These orders may be renewed upon the
request of a party, either for three years or permanently, without a
showing of any further abuse since the issuance of the original
order, subject to termination or modification by further order of the
court either on written stipulation filed with the court or on the
motion of a party.  The failure to state the expiration date on the
face of the form creates an order with a duration of three years from
the date of issuance.
   (g) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any affidavits in support of the
petition.  Service shall be made at least two days before the
hearing.  The court may, on motion of the petitioner or on its own
motion, shorten the time for service on the respondent.
   (h) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent.  The reissued
order shall be made returnable on the earliest day that the business
of the court will permit, but not later than 20 days or, if good
cause appears to the court, 25 days from the date of reissuance.  The
reissued order shall state on its face the date of expiration of the
order.
   (i) (1) If the person named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based thereon, but the
person does not appear at the hearing, either personally or by
counsel, and the terms and conditions of the restraining order or
protective order, are identical to the temporary restraining order,
except for the duration of the order, then the restraining order or
protective order may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.
   (2) The judicial form for orders issued pursuant to this
subdivision shall contain a statement in substantially the following
form:
"NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS FORM
INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE HEARING
WHERE THE ORDER WAS ISSUED.  IF YOU HAVE BEEN PERSONALLY SERVED WITH
A TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER AND
NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE HEARING EITHER IN
PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR PROTECTIVE ORDER IS
ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM THE PRIOR TEMPORARY
RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER
WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING ADDRESS ______.  IF
THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY
OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE,
CALL THE CLERK OF THE COURT AT _____."

   (j) (1) The court shall order the petitioner or the attorney for
the petitioner to deliver, or the clerk of the court to mail, a copy
of an order issued under this section, or a reissuance, extension,
modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order,
reissuance, extension, modification, or termination was made, to each
local law enforcement agency designated by the petitioner or the
attorney for the petitioner having jurisdiction over the residence of
the petitioner, and to any additional law enforcement agencies
within the court's discretion as are requested by the petitioner.
Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.

   (2) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding.  The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service which the
officer shall complete and send to the issuing court.
   (3) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce a certified copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order.  Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Section 273.6 of
the Penal Code.
   (k)  Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (l)  There is no filing fee for a petition, response, or paper
seeking the reissuance, modification, or enforcement of a protective
order filed in a proceeding brought pursuant to this section.
   (m)  (1) Fees otherwise payable by a petitioner to a law
enforcement agency for serving an order issued under this section may
be waived in any case in which the petitioner has requested a fee
waiver on the initiating petition and has filed a declaration that
demonstrates, to the satisfaction of the court, the financial need of
the petitioner for the fee waiver.  The declaration required by this
subdivision shall be on one of the following forms:
   (A) The form formulated and adopted by the Judicial Council for
litigants proceeding in forma pauperis pursuant to Section 68511.3 of
the Government Code, but the petitioner is not subject to any other
requirements of litigants proceeding in forma pauperis.
   (B) Any other form that the Judicial Council may adopt for this
purpose pursuant to subdivision (p).
   (2) In conjunction with a hearing pursuant to this section, the
court may make an order for the waiver of fees otherwise payable by
the petitioner to a law enforcement agency for serving an order
issued under this section.
   (n)  The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (o) (1) An order issued pursuant to this section shall prohibit
the person subject to it from owning, possessing, purchasing,
receiving, or attempting to purchase or receive, a firearm.
   (2) Paragraph (1) shall not apply to a case consisting solely of
financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.
   (3) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possess pursuant to Section 527.9 of the Code of Civil Procedure.

   (4) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (p) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
   (q) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code, by Chapter 3 (commencing with Section 525) of the Code of Civil
Procedure, or by Division 10 (commencing with Section 6200) of the
Family Code.  Nothing in this section shall preclude a petitioner's
right to use other existing civil remedies.
   (r) The Judicial Council shall promulgate forms and instructions
therefor, rules for service of process, scheduling of hearings, and
any other matters required by this section.  The petition and
response forms shall be simple and concise.
  SEC. 5.  (a) Section 3.1 of this bill incorporates amendments to
Section 12021 of the Penal Code proposed by both this bill and SB
226.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2004, (2) each bill
amends Section 12021 of the Penal Code, (3) AB 319 and SB 238 are not
enacted or as enacted do not amend that section, and (4) this bill
is enacted after SB 226, in which case Sections 3, 3.2, 3.3, 3.4,
3.5, 3.6, and 3.7 of this bill shall not become operative.
   (b) Section 3.2 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by both this bill and SB 238.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2004, (2) each bill amends Section
12021 of the Penal Code, (3) AB 319 and SB 226 are not enacted or as
enacted do not amend that section, and (4) this bill is enacted after
SB 238, in which case Sections 3, 3.1, 3.3, 3.4, 3.5, 3.6, and 3.7
of this bill shall not become operative.
   (c) Section 3.3 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by both this bill and AB 319.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2004, (2) each bill amends Section
12021 of the Penal Code, (3) SB 226 and SB 238 are not enacted or as
enacted do not amend that section, and (4) this bill is enacted after
AB 319, in which case Sections 3, 3.1, 3.2, 3.4, 3.5, 3.6, and 3.7
of this bill shall not become operative.
   (d) Section 3.4 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by this bill, SB 226, and SB 238.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2004, (2) all three bills
amend Section 12021 of the Penal Code, (3) AB 319 is not enacted or
as enacted do not amend that section, and (4) this bill is enacted
after SB 226, and SB 238, in which case Sections 3, 3.1, 3.2, 3.3,
3.5, 3.6, and 3.7 of this bill shall not become operative.
   (e) Section 3.5 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by this bill, SB 226, and AB 319.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2004, (2) all three bills
amend Section 12021 of the Penal Code, (3) SB 238 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after SB 226, and AB 319, in which case Sections 3, 3.1, 3.2, 3.3,
3.4, 3.6, and 3.7 of this bill shall not become operative.
   (f) Section 3.6 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by this bill, SB 238, and AB 319.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2004, (2) all three bills
amend Section 12021 of the Penal Code, (3) SB 226 is not enacted or
as enacted does not amend that section, and (4) this bill is enacted
after SB 238, and AB 319, in which case Sections 3, 3.1, 3.2, 3.3,
3.4, 3.5, and 3.7 of this bill shall not become operative.
   (g) Section 3.7 of this bill incorporates amendments to Section
12021 of the Penal Code proposed by this bill, SB 226, SB 238, and AB
319.  It shall only become operative if (1) all four bills are
enacted and become effective on or before January 1, 2004, (2) all
four bills amend Section 12021 of the Penal Code, and (3) this bill
is enacted after SB 226, SB 238, and AB 319, in which case Sections
3, 3.1, 3.2, 3.3, 3.4, 3.5, and 3.6 of this bill shall not become
operative.
  SEC. 6.  Section 4.1 of this bill incorporates amendments to
Section 15657.03 of the Welfare and Institutions Code proposed by
both this bill and SB 226.  It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2004, (2) each bill amends Section 15657.03 of the Welfare and
Institutions Code, and (3) this bill is enacted after SB 226, in
which case Section 4 of this bill shall not become operative.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.