Code Section Group

Penal Code - PEN

PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]

  ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

TITLE 2. WEAPONS GENERALLY [17500 - 19405]

  ( Title 2 added by Stats. 2010, Ch. 711, Sec. 6. )

DIVISION 3.2. Gun Violence Restraining Orders [18100 - 18205]

  ( Division 3.2 added by Stats. 2014, Ch. 872, Sec. 3. )

CHAPTER 5. Offenses [18200 - 18205]
  ( Chapter 5 added by Stats. 2014, Ch. 872, Sec. 3. )

18200.
  

Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence restraining order issued after notice and a hearing pursuant to Chapter 4 (commencing with Section 18170), knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor.

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

18205.
  

(a) Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.

(b) For purposes of this section, a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this section must be issued upon a showing by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another because of owning or possessing a firearm or ammunition.

(Amended by Stats. 2020, Ch. 286, Sec. 2. (AB 2617) Effective January 1, 2021.)

PENPenal Code - PEN