Protective orders: firearms and ammunition: notice and procedures
Chaptered. Effective date is not on the official record yet.
Official status checked 2026-10-04 23:45 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: chaptered as Ch. 458 (Sept. 26, 2026). New §29805 predicates are not in force until convictions 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. Combined 29805 text with SB 1220 is the SB 1220 §1.5 version (Ch. 466 enacted last).
Defender utility
California PDs: this is live Ch. 458, but the new §29805 predicates apply only to convictions on or after January 1, 2027, and the ex parte / remote / out-of-state ERPO path is January 1, 2028. Do not charge from this bill today. Existing GVRO/DVRO firearm-relinquishment and §29825 / §29805 remain the live hooks. From 2027, ammo is on the relinquishment checklist and new 10-year predicates include §273.65, 422.3, 422.7, 422.77, 18205, 29815, 29825, 30305, 166(c)/(d), and Title 11.6 hate crimes (see SB 1220 card for the combined text). Use existing GVRO due-process notes (notice, hearing, burden) against any attempt to treat 2028 procedure as already binding. Duplicate session-string card is id 102.
Who this is for. PDs on GVRO/DVRO calendars and future §29805 predicates — live Ch. 458; new predicates 2027, procedure 2028; not present possessory law.
Key dates
- Chapter
- 458
- Approved
- 2026-09-26
- Chaptered
- 2026-09-26
- Introduced
- 2026-02-09
- 29805 predicate
- 2027-01-01
- Default effective
- 2027-01-01
- Ex parte and remote
- 2028-01-01
- Last amended (Senate)
- 2026-08-21
Exemptions (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 for workplace and postsecondary hearings, no fee. Out-of-state ERPO is not automatically a CA GVRO — registration/enforcement path on request.
Penalties (if chaptered)
From convictions on or after Jan. 1, 2027: expands §29805 10-year firearm prohibition to specified protective-order / GVRO / hate-crime misdemeanors (jail up to 1 year and/or $1,000, or prison). Existing §29825 (possess firearm/ammo while a protective order is in effect) remains the live possessory hook today.
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