Order To Surrender Firearms In Domestic Violence Case (CLETS-CPO) {CR-162} | Pdf Fpdf Doc Docx | California

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Order To Surrender Firearms In Domestic Violence Case (CLETS-CPO) {CR-162} | Pdf Fpdf Doc Docx | California

Order To Surrender Firearms In Domestic Violence Case (CLETS-CPO) {CR-162}

This is a California form that can be used for Criminal within Judicial Council.

Alternate TextLast updated: 5/30/2015

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CR-162 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: ORDER TO SURRENDER FIREARMS IN DOMESTIC VIOLENCE CASE (CLETS - CPO) (Penal Code, §§ 136.2(a)(7)(B)) CASE NUMBER: PERSON TO SURRENDER FIREARMS (complete name): Sex: Ht.: Wt.: Hair color: Eye color: 1. This proceeding was heard on (date): by judicial officer (name): 2. This order expires on (date): 3. Race: Age: Date of birth: at (time): in Dept.: Room: . If no date is listed, this order expires three years from date of issuance. Defendant was personally served with a copy of this order at the court hearing, and no additional proof of service of this order is required. GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT 4. must not own, possess, buy or try to buy, receive or try to receive, or otherwise obtain a firearm or ammunition. The defendant must surrender to local law enforcement, or sell to or store with a licensed gun dealer, any firearm owned by the defendant or subject to his or her immediate possession or control within 24 hours after service of this order and must file a receipt with the court showing compliance with this order within 48 hours of receiving this order. The court finds good cause to believe that the defendant has a firearm within his or her immediate possession or control and sets a review hearing for (date): to ascertain whether the defendant has complied with the firearm relinquishment requirements of Code Civ. Proc., § 527.9. (Cal. Rules of Court, rule 4.700.) The court has made the necessary findings and applies the firearm relinquishment exemption under Code Civ. Proc., § 527.9(f). The defendant is not required to relinquish this firearm (specify make, model, and serial number of firearm): . Executed on: (DATE) (SIGNATURE OF JUDICIAL OFFICER) Department/Division: WARNINGS AND NOTICES This order is effective as of the date it was issued by the judicial officer and expires as ordered in item 2. This order is to be used ONLY when the court orders firearms relinquishment but does not make any other protective or restraining orders. Do NOT use in conjunction with other Criminal Protective Orders (form CR-160 or CR-161). NOTICE REGARDING FIREARMS. Any person subject to a protective order is prohibited from owning, possessing, purchasing or attempting to purchase, receiving or attempting to receive, or otherwise obtaining a firearm. Such conduct is subject to a $1,000 fine and imprisonment. The person subject to these orders must relinquish any firearms (by surrendering the firearm to local law enforcement, or by selling or storing it with a licensed gun dealer) and not own or possess any firearms during the period of the protective order. (Pen. Code, § 136.2(d).) Under federal law, the issuance of a protective order after hearing will generally prohibit the restrained person from owning, accepting, transporting, or possessing firearms or ammunition. A violation of this prohibition is a separate federal crime. Specified defendants may request an exemption from the firearm relinquishment requirements stated in item 4 of this order. The court must check the box under item 4 to order an exemption from the firearm relinquishment requirements. If the defendant can show that the firearm is necessary as a condition of continued employment, the court may grant an exemption for a particular firearm to be in the defendant's possession only during work hours and while traveling to and from work. If a peace officer's employment and personal safety depend on the ability to carry a firearm, a court may grant an exemption that allows the officer to carry a firearm on or off duty, but only if the court finds, after a mandatory psychological examination of the peace officer, that the officer does not pose a threat of harm. (Code Civ. Proc., § 527.9(f).) Form Adopted for Mandatory Use Judicial Council of California CR-162 [Rev. July 1, 2014] Approved by Department of Justice ORDER TO SURRENDER FIREARMS IN DOMESTIC VIOLENCE CASE (CLETS - CPO) Page 1 of 1 Penal Code, §§ 136.2, 166 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com

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