California · Penal Code

PEN §273.76: (a) The arresting officer for an offense involving an act of domestic violence as defined in subdivisions (a) and (b) of Section 13700, or in Sections 6203 and 6211 of the Family Code, shall do all of

Civil

What this law says, in plain English

This statute requires arresting officers to query firearm databases, ask about weapons, and document actions when making arrests for domestic violence offenses.

Read the full statutory text

(a) The arresting officer for an offense involving an act of domestic violence as defined in subdivisions (a) and (b) of Section 13700, or in Sections 6203 and 6211 of the Family Code, shall do all of the following: (1) Query the Automated Firearms System through the California Law Enforcement Telecommunications System for any firearms owned or possessed by the arrestee. (2) Ask the arrestee, victim, and any other household members, if applicable, about any firearms owned or possessed by the arrestee. (3) Ensure that, pursuant to Section 18250, any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search is taken into temporary custody. (4) Document in detail, in the arrest report, the actions taken as required by this subdivision. (b) The investigating or filing officer shall include a copy of the Automated Firearms System report when filing the case with the district attorney or prosecuting city attorney.

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