Pen. Code, § 18140 · Chapter 2. Temporary Emergency Gun Violence Restraining Order
Pen. Code, § 18140
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:
(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.
(b) Serve the order on the restrained person, if the restrained person can reasonably be located.
(c) File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.
(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.
Notes and commentary — not statutory text
History
Amended by Stats. 2020, Ch. 286, Sec. 1. (AB 2617) Effective January 1, 2021.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=18140.
- Text hash
- sha256 7fe900ceffed6f72c2560e82a6aa2222b950eb64c804576ae13b0cc0cb4c864e
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
Provisions in this library whose text cites Pen. Code, § 18140. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.