Protective orders: firearms and ammunition: notice and procedures
Not law yet. Enrolled — not chaptered.
Official status checked 2026-09-24 12:12 PT
Asm. Catherine Stefani; principal coauthor Sen. Blakespear · Last amended 2026-08-21
Bill summary
Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions.
Before a hearing on the issuance or denial of a domestic violence restraining order or gun violence restraining order, existing law requires the court to ensure that a search has been conducted to determine, among other things, if the subject of the proposed order owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System.
If after the search, the court finds that the subject of the proposed order owns or possesses a firearm, existing law requires the court to make a written record as to whether the subject has relinquished the firearm and provided proof of the required storage, sale, or relinquishment of the firearm.
Upon a court’s issuance of such a protective order, existing law requires the restrained person to relinquish any firearm and ammunition in that person’s immediate possession or control, according to specified procedures.
The official digest continues on the official text.
Now vs if chaptered
NOW: pending in the Senate, not law. Existing GVRO/DVRO firearm-relinquishment and §29805 predicates are unchanged by this bill. IF CHAPTERED: ammo added to relinquishment; new §29805 predicates on or after Jan 1, 2027; ex parte no-advance-notice, remote hearings, e-filing, and out-of-state ERPO enforcement path on or after Jan 1, 2028. Several provisions interact with other 2026 bills (AB 1961, SB 1374, SB 99, SB 1395, SB 1220) via contingent sections.
Defender utility
Watch and do not charge from this bill. Existing GVRO / DVRO firearm relinquishment and §29825 / §29805 remain the live hooks. If chaptered, the PD-facing deltas are: ammo as well as guns on the relinquishment checklist; a new 10-year §29805 predicate for GVRO/protective-order misdemeanors on or after Jan 1, 2027; and interstate ERPO enforcement (foreign order is not automatically a CA GVRO — registration/enforcement path). Use existing GVRO due-process notes (notice, hearing, burden) against any attempt to treat a pending AB 1753 procedure as already binding.
Who this is for. PDs on GVRO/DVRO calendars and future §29805 predicates — pending procedure-and-predicate bill, not present law.
Key dates
- Introduced
- 2026-02-09
- Last amended (Senate)
- 2026-08-21
- Senate third reading as of
- 2026-08-24
- 29805 predicate if chaptered
- 2027-01-01
- Ex parte and remote if chaptered
- 2028-01-01
Exemptions (draft)
Draft ex parte no-notice rule is limited to listed TRO statutes (CCP 527.6/527.8/527.85, WIC 15657.03, Pen. GVRO chapter) and requires an under-oath safety certification. Remote-appearance mandate is drafted for workplace and postsecondary hearings, no fee. Confirm enrolled text before treating any exemption as operative.
Penalties (if chaptered)
If chaptered: expands §29805 10-year firearm prohibition to specified protective-order / GVRO / hate-crime misdemeanors convicted on or after Jan 1, 2027 (jail up to 1 year and/or $1,000). Existing §29825 (possess firearm/ammo while a protective order is in effect) remains the live possessory hook today. Does not itself create a new standalone possessory crime before chaptering.
Bank hints
- Motion Bank: GVRO / ERPO due process and firearm relinquishment
- Motion Bank: §29805 misdemeanor-to-prohibition predicates
- Motion Bank: ammunition as well as firearm seizure/relinquishment