Protective orders: firearms and ammunition.

Plain English Breakdown

The official source does not specify what happens if a restrained person fails to comply with relinquishing firearms and ammunition.

Protective Orders: Firearm and Ammunition Rules

This law requires people who receive protective orders to give up their firearms and ammunition, allows for remote appearances in court hearings without fees, and mandates police officers to take custody of ammunition during investigations related to domestic violence or gun violence restraining orders.

What This Bill Does

• Requires a person under a protective order to hand over any firearms and ammunition they have.
• Adds instructions on how parties or witnesses can appear remotely at court hearings without paying fees.
• Makes sure courts provide rules and information about remote appearances online.
• Tells police officers to take away ammunition if it is found during an investigation of domestic violence, gun violence restraining orders, or other similar incidents.

Who It Names or Affects

• People who get protective orders against others
• Courts that issue protective orders
• Police officers involved in enforcing protective orders

Terms To Know

Protective Order

A court order to protect someone from harm or harassment.

Remote Appearance

Using technology like video calls to appear in a court hearing without being physically present.

Limits and Unknowns

• The law does not specify what happens if the restrained person does not give up their firearms and ammunition.
• It is unclear how much it will cost local agencies to implement these new requirements for police officers.

Official Summary Text

AB 824, as amended, Stefani.
Protective orders: firearms and ammunition.
(1) 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. Beginning January 1, 2026, upon a court’s issuance of such a protective order, existing law will require the restrained person to relinquish any firearm and ammunition in that person’s immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether
the person has a firearm in violation of the order.
This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person’s immediate possession or control.
Beginning July 1, 2026, the bill would also require the Judicial Council to include, on the petition form for the protective or restraining orders described above, a statement that any party or witness may appear remotely at a hearing on the petition through the use of remote technology, and that such appearances are at no charge to the petitioner.
The bill would require courts to permit a party, support person, or witness to appear remotely at a hearing for a
postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on its website.
(2) Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified.
This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF