SECTIONS 18400-18420

18400.  (a) When a law enforcement agency has reasonable cause tobelieve that the return of a firearm or other deadly weapon seizedunder this division would be likely to result in endangering thevictim or the person who reported the assault or threat, the agencyshall so advise the owner of the firearm or other deadly weapon, andwithin 60 days of the date of seizure, initiate a petition insuperior court to determine if the firearm or other deadly weaponshould be returned. (b) The law enforcement agency may make an ex parte applicationstating good cause for an order extending the time to file apetition. (c) Including any extension of time granted in response to an exparte request, a petition must be filed within 90 days of the date ofseizure of the firearm or other deadly weapon.18405.  (a) If a petition is filed under Section 18400, the lawenforcement agency shall inform the owner or person who had lawfulpossession of the firearm or other deadly weapon, at that person'slast known address, by registered mail, return receipt requested,that the person has 30 days from the date of receipt of the notice torespond to the court clerk to confirm the person's desire for ahearing, and that the failure to respond shall result in a defaultorder forfeiting the confiscated firearm or other deadly weapon. (b) For purposes of this section, the person's last known addressshall be presumed to be the address provided to the law enforcementofficer by that person at the time of the family violence incident. (c) In the event the person whose firearm or other deadly weaponwas seized does not reside at the last address provided to theagency, the agency shall make a diligent, good faith effort to learnthe whereabouts of the person and to comply with these notificationrequirements.18410.  (a) If the person who receives a petition under Section18405 requests a hearing, the court clerk shall set a hearing nolater than 30 days from receipt of that request. (b) The court clerk shall notify the person, the law enforcementagency involved, and the district attorney of the date, time, andplace of the hearing. (c) Unless it is shown by a preponderance of the evidence that thereturn of the firearm or other deadly weapon would result inendangering the victim or the person reporting the assault or threat,the court shall order the return of the firearm or other deadlyweapon and shall award reasonable attorney's fees to the prevailingparty.18415.  If the person who receives a petition under Section 18405does not request a hearing or does not otherwise respond within 30days of the receipt of the notice, the law enforcement agency mayfile a petition for an order of default and may dispose of thefirearm or other deadly weapon as provided in Sections 18000 and18005.18420.  (a) If, at a hearing under Section 18410, the court does notorder the return of the firearm or other deadly weapon to the owneror person who had lawful possession, that person may petition thecourt for a second hearing within 12 months from the date of theinitial hearing. (b) If there is a petition for a second hearing, unless it isshown by clear and convincing evidence that the return of the firearmor other deadly weapon would result in endangering the victim or theperson reporting the assault or threat, the court shall order thereturn of the firearm or other deadly weapon and shall awardreasonable attorney's fees to the prevailing party. (c) If the owner or person who had lawful possession does notpetition the court within this 12-month period for a second hearingor is unsuccessful at the second hearing in gaining return of thefirearm or other deadly weapon, the firearm or other deadly weaponmay be disposed of as provided in Sections 18000 and 18005.