Firearms: voluntary firearm storage program
Chaptered. Effective date is not on the official record yet.
Official status checked 2026-10-04 23:47 PT
Asm. Catherine Stefani · Last amended 2026-05-28
Bill summary
Existing law requires a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm.
Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified.
Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities.
Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity.
The official digest continues on the official text.
Now vs if chaptered
NOW: chaptered as Ch. 460 (Sept. 26, 2026). Optional LE program; no new possessory crime. Default effective January 1, 2027. Carry/transfer exemptions for transport to storage require prior notice.
Defender utility
California PDs: this is live Ch. 460 but it creates no new possessory offense. If a client is charged with §25400 / §26350 / §26400 / unlicensed transfer while driving a gun to a station, the exemption exists only with prior notice to that agency and only for a §25010 program. Distinguish voluntary storage from GVRO/DVRO seizure. On return, eligibility is checked — a client who became prohibited while the gun sat does not get it back. Missed retrieval window can mean destruction. Do not treat this as a storage mandate or a current charge.
Who this is for. PDs on carry/unlicensed-transfer facts involving a claimed trip to voluntary LE storage, and clients seeking return of a stored gun.
Key dates
- Chapter
- 460
- Approved
- 2026-09-26
- Chaptered
- 2026-09-26
- Introduced
- 2026-02-13
- Default effective
- 2027-01-01
Exemptions (draft)
Carry and dealer-transfer rules do not apply to a voluntary §25010 delivery if the person gives prior notice to the agency. Agency not liable for damage in temporary custody. Destruction/donation paused while a Law Enforcement Release application is pending.
Penalties (if chaptered)
None created by this bill. Existing carry and unlicensed-transfer crimes still apply if the person transports without prior notice or outside a §25010 program.