Amended  IN  Senate  June 23, 2025
Amended  IN  Assembly  May 23, 2025
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 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. Restrictions on firearm possession: pilot project.
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 Alameda, El Dorado, Santa Clara, 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 the district attorney of a county that establishes a pilot program, commencing April 1, 2027, to annually submit specified data to the California Firearm Violence Research Center at UC Davis, and would authorize the center, commencing July 1, 2027, to conduct an evaluation of the pilot program and annually report that evaluation to the Legislature, as specified. The bill would require the district attorney of a county that establishes a pilot program, commencing April 1, 2027, to make the data described above available upon request to the Department of Justice and the Judicial Council. The bill would make related findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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.
 The Legislature finds and declares that it is the intent of this chapter that, in the counties described in this chapter, the district attorney, any assistant district attorney, or any deputy district attorney may petition for a gun violence restraining order in accordance with the same laws and procedures governing the eligibility to petition for a gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170) of this division.

18215.
 (a) The following counties may establish, until January 1, 2032, a pilot program to authorize a district attorney to file a petition for a gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170) of this division:
(1) County of Alameda.

(1)

(2) County of El Dorado.

(2)

(3) County of Santa Clara.

(3)

(4) County of Ventura.
(b) (1) As used in Section 18109, 18150, 18170, or 18190, “law enforcement officer” includes any district attorney, assistant district attorney, or deputy district attorney for a county identified in subdivision (a) that has established a pilot program pursuant to this section.
(2) As used in Section 18109, “law enforcement agency” includes the district attorney’s office for a county identified in subdivision (a) that has established a pilot program pursuant to this section.

18220.
 (a) The district attorney of 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) (1) 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).
(2) The center may, commencing on or before July 1, 2027, and annually thereafter, submit an evaluation described in paragraph (1) to the Assembly and Senate Committees on Public Safety.
(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.
(d) The district attorney of a county that establishes a pilot program pursuant to this chapter shall, commencing April 1, 2027, make the data described in subdivision (a) available upon request to the Department of Justice and the Judicial Council.

18225.
 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.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.