Penal Code section 18109

(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.

Source: Section 18109, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=18109.­ (updated Jan. 1, 2020; accessed Nov. 10, 2025).

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Verified:
Nov. 10, 2025

§ 18109's source at ca​.gov