Amended  IN  Assembly  March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1344

Introduced by Assembly Member Irwin
(Principal coauthor: Assembly Member Stefani)

February 21, 2025

An act to amend Sections 18415 and 18420 of, and to add and repeal Chapter 6 (commencing with Section 18210) of Division 3.2 of Title 2 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1344, as amended, Irwin. Gun violence restraining orders. Restrictions on firearm possession: pilot project.
(1) Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law also allows a gun violence restraining order to be issued on an ex parte basis for up to 21 days. Existing law allows a petition for these gun violence restraining orders to be made by a law enforcement officer, or an immediate family member, employer, coworker, or teacher, as specified, of the subject of the petition.
This bill would authorize the Counties of El Dorado and Ventura to establish, until January 1, 2032, a pilot program to additionally authorize a district attorney to request that the court issue a temporary emergency gun violence restraining order, as specified. The bill would require a county that establishes a pilot program, commencing April 1, 2027, to annually submit specified data to the California Firearm Violence Research Center at US Davis, and would authorize the center, commencing July 1, 2027, to conduct an evaluation of the pilot program and report that evaluation to the Legislature, as specified.
(2) Under existing law, when a law enforcement agency has reasonable cause to believe that the return of a weapon seized pursuant to a gun violence restraining order would be likely to result in endangering the victim or the person who reported the assault or threat, the agency is required to advise the owner of the weapon, and initiate a petition in superior court within a specified time to determine if the weapon should be returned to the person. Under existing law, a law enforcement agency is authorized to file a petition for an order of default and to dispose of the weapon if they have informed the person of the hearing and that the person has 30 days from the date of receipt of the notice to respond to confirm the person’s desire for a hearing, and the person fails to respond.
This bill would require the court to transmit a copy of the order of default described above to the Department of Justice.
(3) Under existing law, if the court does not order the return of the weapon to the owner after a hearing regarding the return of a weapon seized pursuant to a gun violence restraining order described above, the person is authorized to petition the court for a second hearing, as specified, and unless the court finds that the return of the weapon would result in endangering the victim or the person reporting the assault or threat, requires the court to order the return of the weapon. Under existing law, if the owner does not petition the court in a timely manner for a second hearing or is unsuccessful at gaining return of the firearm at the second hearing, the weapon may be disposed of.
This bill would require the court, if the court orders a firearm to be disposed of as described above, to transmit a copy of the order to the Department of Justice.

Existing law authorizes specific individuals, including an immediate family member of a person or a law enforcement officer, to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury. Under existing law, the restraining order prohibits the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition for a duration of one to 5 years, subject to earlier termination or renewal by the court.

This bill would state the Legislature’s intent to enact legislation relating to gun violence restraining orders.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 6 (commencing with Section 18210) is added to Division 3.2 of Title 2 of Part 6 of the Penal Code, to read:
CHAPTER  6. Gun Violence Restraining Order Pilot Project

18210.
 (a) The following counties may establish, until January 1, 2032, a pilot program to authorize a district attorney to request that the court issue a temporary emergency gun violence restraining order pursuant to this section:
(1) County of El Dorado.
(2) County of Ventura.
(b) Pursuant to the pilot project established by this chapter, a district attorney may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition as described in Section 18150.
(c) (1) The court, before issuing an ex parte gun violence restraining order, may examine under oath the district attorney or the law enforcement officer who signed the written affidavit and any witness the district attorney may produce.
(2) In lieu of examining the district attorney or a witness produced by the district attorney, the court may require the district attorney or witness to submit a written affidavit signed under oath.
(3) In determining whether grounds for a gun violence restraining order exist, the court shall consider the evidence described in subdivision (b) of Section 18155.
(d) (1) A district attorney may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of time between one to five years as described in Section 18170.
(2) In determining whether to issue a gun violence restraining order pursuant to paragraph (1), the court shall comply with the requirements described in Section 18175.
(e) A district attorney may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order as described in Section 18190.
(f) (1) As described in Section 18400, if a district attorney has reasonable cause to believe that the return of a firearm or other deadly weapon seized pursuant to this division would be likely to result in endangering the victim or the person who reported the assault or threat, the district attorney shall advise the owner of the firearm or other deadly weapon of the belief, and within 60 days after the date of seizure, shall initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned.
(2) The district attorney may make an ex parte application stating good cause for an order extending time to file a petition described in paragraph (1).
(3) Including any extension of time granted in response to an ex parte request, a petition filed pursuant to paragraph (1) shall be filed within 90 days after the date of the seizure of the firearm or other deadly weapon.
(4) (A) If a petition is filed pursuant to paragraph (1), the district attorney shall inform the owner or person who had lawful possession of the firearm or other deadly weapon, at that person’s last known address, by registered mail, return receipt requested, that the person has 30 days from the date of receipt of the notice to respond to the court clerk to confirm the person’s desire for a hearing, and that the failure to respond shall result in a default order forfeiting the confiscated firearm or other deadly weapon as described in Section 18405.
(B) For the purposes of this paragraph, the person’s last known address shall be presumed to be the address provided to the district attorney or law enforcement officer at the time the firearm or other deadly weapon was seized.
(C) If the person whose firearm or other deadly weapon was seized does not reside at the last address provided to the agency, the agency shall make a diligent, good faith effort to ascertain the whereabouts of the person and to comply with the notification requirements described in this paragraph.
(5) If the person who receives a petition pursuant to paragraph (4) requests a hearing, the court shall follow the procedures described in Section 18410.
(6) If the person who receives a petition pursuant to paragraph (4) does not request a hearing or does not otherwise respond within 30 days after the receipt of the notice, the district attorney may file a petition for an order of default and may dispose of the firearm or other deadly weapon as described in Section 18415.
(7) If the court orders a firearm to be disposed of or orders a default pursuant to paragraph (4) or (6), the court shall transmit a copy of the order to the Department of Justice.
(g) A petition brought by a district attorney pursuant to this section shall be brought in the name of the people of the State of California.

18215.
 (a) A county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, annually submit data regarding the pilot program to the California Firearm Violence Research Center at UC Davis. The data submitted shall include all of the following:
(1) The number of petitions filed and the outcome of the petitions, if any.
(2) Demographic data for the restrained individuals.
(3) The reasons that the petition was filed.
(4) Areas of success and areas for improvement in subsequent years.
(b) The center may conduct an evaluation of a pilot program’s impact and effectiveness. If the center conducts an evaluation of a pilot project, the evaluation shall include, but not be limited to, the data described in subdivision (a).
(c) If the center conducts an evaluation of more than one pilot program pursuant to subdivision (b), the center may combine the evaluations into a comprehensive report and may submit the report, commencing on or before July 1, 2027, and annually thereafter, to the Assembly and Senate Committees on Public Safety.

18220.
 This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2034, deletes or extends that date.

SEC. 2.

 Section 18415 of the Penal Code is amended to read:

18415.
 (a) If the person who receives a petition under Section 18405 does not request a hearing or does not otherwise respond within 30 days of after the receipt of the notice, the law enforcement agency may file a petition for an order of default and may dispose of the firearm or other deadly weapon as provided in Sections 18000 and 18005.
(b) The court shall transmit a copy of the order of default described in subdivision (a) to the Department of Justice.

SEC. 3.

 Section 18420 of the Penal Code is amended to read:

18420.
 (a) If, at a hearing under Section 18410, the court does not order the return of the firearm or other deadly weapon to the owner or person who had lawful possession, that person may petition the court for a second hearing within 12 months from the date of the initial hearing.
(b) If there is a petition for a second hearing, unless it is shown by clear and convincing evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party.
(c) If the owner or person who had lawful possession does not petition the court within this 12-month period for a second hearing or is unsuccessful at the second hearing in gaining return of the firearm or other deadly weapon, the firearm or other deadly weapon may be disposed of as provided in Sections 18000 and 18005.
(d) If the court orders a firearm to be disposed of pursuant to subdivision (c), the court shall transmit a copy of the order to the Department of Justice.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to gun violence restraining orders.