Chapter 1 - General

California Penal Code — §§ 18100-18123

Sections (12)

Amended by Stats. 2018, Ch. 898, Sec. 3. (SB 1200) Effective January 1, 2019.

(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.

(b)For purposes of this chapter, the term “ammunition” includes a “magazine” as defined in Section 16890.

§ 18105

Amended by Stats. 2018, Ch. 898, Sec. 4. (SB 1200) Effective January 1, 2019.

The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.

§ 18107

Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.

A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition.

§ 18108

Amended by Stats. 2025, Ch. 241, Sec. 62. (SB 857) Effective January 1, 2026.

(a)Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders. The policies and standards shall be updated, as necessary, to incorporate changes in the law governing gun violence restraining orders.

(b)(1) The policies and standards shall instruct officers on the use of gun violence restraining orders in appropriate situations to prevent future violence involving a firearm and shall

encourage the use of de-escalation practices for officer and civilian safety when responding to incidents involving a firearm.

(2)The policies and standards shall instruct officers on the types of evidence a court considers in determining whether grounds exist for issuance of a gun violence restraining order pursuant to Section 18155.

(3)The policies and standards shall instruct officers to consider whether a gun violence restraining order may be necessary during a response to any residence that is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm, or expressed an intent to acquire a firearm. The policies and standards should also inform

officers about the different procedures and protections afforded by different types of firearm-prohibiting emergency protective orders that are available to law enforcement petitioners and provide examples of situations in which each type of emergency protective order is most appropriate.

(4)The policies and standards should also instruct officers to consider whether a gun violence restraining order may be necessary during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm or expressed an intent to acquire a firearm. The policies and standards shall encourage officers encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or

another person by having custody or control of a firearm to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm. The policies and standards should encourage officers to provide information about mental health referral services during a contact with a person exhibiting mental health issues.

(c)The written policies and standards developed pursuant to this section shall be consistent with any gun violence restraining order training

administered by the Commission on Peace Officer Standards and Training, and shall include all of the following:

(1)Standards and procedures for requesting and serving a temporary emergency gun violence restraining order, including standards and procedures for determining prior to the expiration of a temporary emergency gun violence restraining order whether the subject of the temporary emergency gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary.

(2)Standards and procedures for requesting and serving an ex parte gun violence restraining order, including standards and procedures for determining prior to the expiration of an ex parte gun violence restraining

order whether the subject of the ex parte gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary.

(3)Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing.

(4)Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.

(5)Standards and procedures for verifying or ensuring the removal of firearms and ammunition from the subject of a gun violence restraining order.

(6)Standards and procedures for

obtaining and serving a search warrant for firearms and ammunition.

(7)Responsibility of officers to attend gun violence restraining order hearings and diligently participate in the evidence presentation process.

(8)Standards and procedures for requesting renewals of expiring gun violence restraining orders.

(9)Standards and procedures for storing firearms surrendered pursuant to a gun violence restraining order.

(10)Standards and procedures for returning firearms upon the termination of a gun violence restraining order, including verification that the respondent is not otherwise legally prohibited from possessing firearms.

(11)Standards and procedures for addressing violations of a gun violence restraining order.

(d)Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University Police Departments are encouraged, but not required by this section, to train officers on standards and procedures implemented pursuant to this section, and may incorporate these standards and procedures into an academy course, preexisting annual training, or other continuing education program. Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University police departments shall make information about

standards and policies implemented pursuant to this section available to all officers.

(e)In developing and updating these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts, mental health professionals, domestic violence service providers, and other community-based organizations.

(f)Policies developed pursuant to this section shall be made available to the public upon request.

§ 18109

Repealed (in Sec. 1) and added by Stats. 2019, Ch. 724, Sec. 2. (AB 12) Effective January 1, 2020. Section operative September 1, 2020, by its own provisions.

(a)This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but not limited to, in a case in which the agency or officer concludes, after investigation, that the criteria for issuance of a gun violence restraining order are not satisfied.

(b)A petition brought by a law enforcement officer may be made in the name of the law enforcement agency in which the officer is employed.

(c)This section shall become operative on September 1, 2020.

§ 18110

Added by Stats. 2014, Ch. 872, Sec. 3. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, pursuant to Section 18122.

Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170), the court shall ensure that a search as described in subdivision (a) of Section 6306 of the Family Code is conducted. After issuing its ruling, the court shall provide the advisement described in subdivision (c) of Section 6306 of the Family Code and shall keep information obtained from a search conducted pursuant to this section confidential in accordance with subdivision (d) of Section 6306 of the Family Code.

§ 18115

Amended by Stats. 2019, Ch. 733, Sec. 1. (AB 1493) Effective January 1, 2020.

(a)The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one court day after issuing or renewing the order.

(b)The court shall notify the Department of Justice when a gun violence restraining order has been dissolved or terminated under this division no later than five court days after dissolving or terminating the order. Upon receipt of either a notice of dissolution or a notice of termination of a gun violence restraining order, the Department of Justice shall, within 15 days, document the updated status of any order issued under this division.

(c)The notices required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the department.

(d)When notifying the Department of Justice pursuant to subdivision (a) or (b), the court shall indicate in the notice whether the person subject to the gun violence restraining order has filed a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175 or was present in court to be informed of the contents of the order or if the person failed to appear. The person’s filing of relinquishment of firearm rights or the person’s presence in court constitutes proof of service of notice of the terms of the order.

(e)(1) Within one business day of service, a law

enforcement officer who served a gun violence restraining order shall submit the proof of service directly into the California Restraining and Protective Order System, including their name and law enforcement agency, and shall transmit the original proof of service form to the issuing court.

(2)Within one business day of receipt of proof of service by a person other than a law enforcement officer, the clerk of the court shall submit the proof of service of a gun violence restraining order directly into the California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the proof of service to a local law

enforcement agency. The local law enforcement agency shall submit the proof of service directly into the California Restraining and Protective Order System within one business day of receipt from the court.

(3)Within one business day of issuance of a gun violence restraining order based on a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175, the clerk of the court shall enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the relinquishment of firearm rights form to a local law enforcement agency. The local law enforcement agency shall submit the relinquishment of firearm rights

form directly into the California Restraining and Protective Order System within one business day of receipt from the court.

§ 18120

Repealed (in Sec. 14) and added by Stats. 2024, Ch. 544, Sec. 15. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.

(b)(1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to this subdivision.

(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe

manner, upon request of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered.

(3)If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830.

(4)The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender.

(5)A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:

(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.

(B)File a

copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.

(6)When issuing an order pursuant to this subdivision, the court shall provide the respondent with information on how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms prohibition of any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued within two

business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. If the person does not file a receipt with the court within 48 hours after receiving the order for a firearm in their possession, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information the court deems appropriate.

(c)(1) Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration

of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.

(2)A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.

(d)If a person other than the restrained person claims title to firearms or ammunition surrendered pursuant to this

section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.

(e)Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.

(f)If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the

firearm or ammunition required under this section.

(g)(1) The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545.

(2)Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.

(h)This section shall become operative on January 1, 2026.

§ 18120.5

Added by Stats. 2024, Ch. 544, Sec. 16. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 136.2 or Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 has a firearm in or subject to their immediate possession or control in violation of the order.

(b)(1) In making a determination under this section, the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted.

(2)The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect.

(3)If the court makes a determination that the restrained person has a firearm in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.

(c)(1) When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place.

(2)The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person

is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address.

(3)The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar.

(4)The court shall order the restrained person to appear at the review hearing.

(5)This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.

(d)The determination made pursuant to this

section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.

(e)This section shall become operative on January 1, 2026.

§ 18121

Amended by Stats. 2021, Ch. 686, Sec. 4. (SB 538) Effective January 1, 2022.

There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. There is no fee for any filings related to a petition filed pursuant to this division.

§ 18122

Repealed and added by Stats. 2022, Ch. 420, Sec. 30. (AB 2960) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.

(a)(1) A court or court facility that receives petitions for any restraining order under this division or temporary gun violence restraining orders consistent with Chapter 2 (commencing with Section 18125) shall permit those petitions to be submitted electronically. The court or court facility shall, based on the time of receipt, act on these filings consistent with Section 18150.

(2)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents

will be picked up from the court or court facility.

(b)(1) Information regarding electronic filing and access to the court’s self-help center shall be prominently displayed on each court’s homepage.

(2)Each self-help center shall maintain and make available information related to gun violence restraining orders pursuant to this section.

(c)The Judicial Council may adopt or amend rules and forms to implement this section.

(d)This section shall become operative on July 1, 2023.

§ 18123

Amended by Stats. 2022, Ch. 420, Sec. 31. (AB 2960) Effective January 1, 2023.

A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.