AB 1753 — Protective orders: firearms and ammunition: notice and procedures.

Summary

(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. 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. 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. The bill, commencing January 1, 2028, would require courts to permit a party 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 their internet websites. The bill would also, commencing on January 1, 2028, require courts to allow filings related to those protective orders to be submitted electronically, as specified. (2) Existing law prohibits court from granting a temporary restraining order without notice to the respondent, except as specified. Existing law requires a peace officer, upon the request of a petitioner, to serve any civil harassment restraining order, domestic violence restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order on the respondent, whether or not the respondent has been taken into custody. Existing law prescribes procedures that a sheriff or marshal must follow when serving a writ, warrant, summons, order, or other process issued by a superior court in a civil action or proceeding. Existing law requires the Judicial Council, on or before January 1, 2024, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. This bill, commencing January 1, 2028, would prohibit a court from requiring notice to be provided to the party to be restrained in advance of accepting a filing for, or deciding, an application for an ex parte restraining order, as specified, if the applicant or the applicant's attorney certifies to the court under oath that providing notice to the party to be restrained in advance of filing the petition would likely endanger the safety of the petitioner or other persons. The bill, commencing January 1, 2028, would require a peace officer, as defined, to follow the procedures that apply to a sheriff or marshal when serving a writ, warrant, summons, order, or other process issued by a superior court, as described above. The bill would require the Judicial Council, on or before January 1, 2028, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, or by a peace officer serving any of the restraining or protective orders described above. By expanding the duties of peace officers, which include officers of local law enforcement agencies, and expanding the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law requires, on any charge involving acts of domestic violence, that the district attorney or prosecuting city attorney conduct a search of certain databases for protective or restraining orders, as specified. This bill would additionally require the district attorney or prosecuting city attorney to conduct a search of the Department of Justice Automated Firearms System. By expanding the duties of the district attorney or prosecuting city attorney, this bill would impose a state-mandated local program. Under existing law, before a hearing on the issuance or denial of a domestic violence restraining order, the court must ensure that a search is or has been conducted to determine if the subject of the proposed order has, among other things, a prior criminal conviction for a violent or serious felony, owns or possesses a firearm, as reflected in the Department of Justice Automated Firearms System, or has a prior restraining order or violation thereof. Existing law requires this search to be conducted of specified records and databases readily available and reasonably accessible to the court. Existing law requires the court, after issuing its ruling, to advise the parties that they may request the information upon which the court relied to conduct the search and information obtained as a result of the search to be maintained in a confidential case file, except as specified. This bill would authorize a court to order any of the searches described above to be conducted before a hearing on the issuance or denial of a civil harassment restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order. The bill would require the court, after issuing its ruling, to provide the advisement to the parties described above, and to keep the information obtained as a result of any search to be maintained in a confidential case file, except as specified. (4) Existing law requires a court, when issuing a gun violence restraining order, to notify the Department of Justice regarding the order. Existing law requires the court, when issuing protective orders and firearm or ammunition relinquishment orders, to notify the prosecuting agency and law enforcement officials, as specified, in order, to enable the prosecuting agency and law enforcement officials to take necessary actions to obtain any firearms or ammunition owned, possessed, or controlled by the subject of the order. This bill would require local law enforcement agencies and prosecuting agencies, as defined, to designate a person responsible for accessing or receiving notifications from the superior court indicating that a person has violated a protective or restraining orders' firearm relinquishment requirement and to regularly ensure that the clerk of the court has updated contact information for the person designated to receive those notifications on behalf of the agency. This bill would also require each prosecuting agency to ensure that a protected person or protected people named in the order are notified about the issuance, terms, and duration of the protective order, except as specified. The bill would require each prosecuting agency to develop, adopt, and implement written policies and standards regarding notification to protected parties on or before January 1, 2028, as specified. By placing new requirements on local law enforcement agencies and prosecuting agencies, this bill would impose a state-mandated local program. This bill, commencing January 1, 2028, would authorize a law enforcement agency or officer to seek enforcement of a valid extreme risk protection order issued by another state or jurisdiction. The bill would define an extreme risk protection order as an injunction, restraining order, or other civil or criminal court order issued by another state or jurisdiction that does not name a protected individual, but prohibits the subject of the order from possessing, owning, controlling, purchasing, or receiving firearms for the duration of the order based on evidence that the subject of the order poses a danger to themselves or others. The bill would require a valid extreme risk protection order to be registered with a court in this state if requested by a law enforcement officer or other petitioner. (5) Existing law requires each county to electronically transmit data regarding protective orders through the California Law Enforcement Telecommunications System of the Department of Justice, as specified. Existing law requires the Department of Justice to maintain the California Restraining and Protective Order System that contains detailed information regarding protective and restraining orders and injunctions, as specified, and to make that information available to court clerks and law enforcement personnel. This bill would extend these reporting requirements to include any protective order or restraining orders issued pursuant to specified sections, including a gun violence restraining order or an extreme risk protection order. (6) Existing law, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, authorizes the enforcement of a valid foreign protection order in a tribunal of this state under certain conditions. The bill would expand the definition of a protection order to include any injunction or order under the federal Violence Against Women Act and would extend these provisions to orders issued by any state or other jurisdiction. The bill would make conforming changes. (7) Existing law authorizes the Department of Justice, subject to an appropriation by the Legislature, to establish or contract with a vendor to establish an automated protected person information and notification system, as specified. This bill would authorize the department to establish or contract with a vendor to create the above-described notification system through the availability of necessary funding through grants or other sources. (8) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony. This bill would prohibit a person, who is convicted on or after January 1, 2027, of specified offenses, including misdemeanor violations of a gun violence restraining order or other protective orders, or violations that constitute a hate crime, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction, and would make conforming changes. By expanding the scope of an existing crime, the bill would create a state-mandated local program. (9) 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. (10) This bill would provide that its provisions are severable. (11) This bill would provide that if AB 2179 is enacted, then the changes made to Section 527.8 of the Code of Civil Procedure by this bill would not be operative. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by SB 1374 to be operative only if this bill and SB 1374 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 6383 of the Family Code proposed by SB 99 and SB 1395, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by SB 1220 to be operative only if this bill and SB 1220 are enacted and this bill is enacted last. (12) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 09/26/26 - Chaptered html September 26, 2026
• Enrolled 09/01/26 - Enrolled html September 01, 2026
• Amended 08/21/26 - Amended Senate html August 21, 2026
• Amended 07/02/26 - Amended Senate Current pdf July 02, 2026
• Amended 06/17/26 - Amended Senate pdf June 17, 2026
• Amended 05/18/26 - Amended Assembly pdf May 18, 2026
• Amended 04/16/26 - Amended Assembly pdf April 16, 2026
• Amended 03/24/26 - Amended Assembly pdf March 24, 2026
• Introduced 02/09/26 - Introduced pdf February 09, 2026
• AB1753 View text html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 4 section(s) of the California codes: Section 6383 of the Family Code; Section 422.85 of the Penal Code; Section 422.865 of the Penal Code; Section 422.88 of the Penal Code.

• Section 6383 of the Family Code

  the order. (h) and (i) the order. (h) and (i) → SEC. 11.1. Section 6383 of the Family Code is amended to read: that a military protective order has been issued, protective order or military protective relevant a protective order or the National Crime Information Center to verify existence of a military protective order. or ammunition (j) A peace officer required to serve a restraining or protective order under this section shall comply with Article 3 (commencing with Section 26660) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. For purposes of this subdivision, any reference to “marshal” or “sheriff” in that article shall also include a peace officer required to serve a restraining or protective order under this section.(k) A peace officer required to serve a restraining or protective order under this section may, pursuant to the requirements set forth in Section 6103.2 of the Government Code, submit a billing to the superior court for payment of fees for service of the order. For purposes of this subdivision, any reference to “marshal” or “sheriff” in Section 6103.2 of the Government Code shall also include a peace officer required to serve a restraining or protective order under this section. (l) If a law enforcement officer, pursuant to subdivision (d), determines that a military protective order registered in the National Crime Information Center systems (NCIC) has been issued against a person involved in the domestic violence incident who violates a provision of a protective order issued pursuant to this part or Part 5 (commencing with Section 6400), that officer shall notify the law enforcement agency that entered the military protective order into NCIC that the restrained party may be in violation of a military protective order.(m) Each law enforcement agency in the state that petitions for or enforces protective orders issued pursuant to this division may develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations. Those memoranda may include, but are not limited to, all of the following:(1) To whom, how, and when each party would report information about potential violations of military or civilian protective orders.(2) Each party’s role and responsibilities when conducting an investigation and in providing domestic violence prevention or rehabilitative services to a family in response to the results of the investigations, consistent with state and federal law.(3) Protocols describing what, if any, confidential information may be shared between the parties and for what purposes, in accordance with applicable state and federal law.(n) For the purposes of this section, “military protective order” has the same meaning as defined in Section 6310. SEC. 11.2. Section 6383 of the Family Code is amended to read: (h), (i), and (j) or ammunition (j) A peace officer required to serve a restraining or protective order under this section shall comply with Article 3 (commencing with Section 26660) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. For purposes of this subdivision, any reference to “marshal” or “sheriff” in that article shall also include a peace officer required to serve a restraining or protective order under this section.(k) A peace officer required to serve a restraining or protective order under this section may, pursuant to the requirements set forth in Section 6103.2 of the Government Code, submit a billing to the superior court for payment of fees for service of the order. For purposes of this subdivision, any reference to “marshal” or “sheriff” in Section 6103.2 of the Government Code shall also include a peace officer required to serve a restraining or protective order under this section. SEC. 11.3. Section 6383 of the

  amended

• Section 422.85 of the Penal Code

  county → country

  amended

• Section 422.865 of the Penal Code

  county county → country country

  amended

• Section 422.88 of the Penal Code

  (c)If the court does not issue any protective order against the defendant to protect any person identified in subdivision (a), the court shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a protective order equivalent to the firearm prohibition order described in clause (ii) of subparagraph (G) of paragraph (1) of subdivision (a) of Section 136.2, which does not name a protected person but provides as follows:(1)The defendant shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2)The defendant shall relinquish any firearms or ammunition pursuant to Section 527.9 of the Code of Civil Procedure.(3)A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.(d) SEC. 22. SEC. 23. SEC. 24. SEC. 25. SEC. 26. one one one one one one one (i) SEC. 27. SEC. 28. SEC. 29. → (c) (d) This section shall remain in effect until July 1, 2029, and as of January 1, 2030, is repealed. SEC. 22. Section 422.88 is added to the Penal Code, to read: 422.88. (a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting criminal protective or restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime.(b) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a criminal protective order against the defendant to protect a person identified in subdivision (a) of this section.(c) If the court does not issue any protective order against the defendant to protect any person identified in subdivision (a), the court shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a protective order equivalent to the firearm prohibition order described in clause (ii) of subparagraph (G) of paragraph (1) of subdivision (a) of Section 136.2, which does not name a protected person but provides as follows:(1) The defendant shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2) The defendant shall relinquish any firearms or ammunition pursuant to Section 527.9 of the Code of Civil Procedure.(3) A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.(d) Restraining orders issued pursuant to subdivision (a) or (b) may include, without limitation, provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person.(e) This section shall become operative on July 1, 2029. SEC. 23. SEC. 24. SEC. 25. SEC. 26. SEC. 27. SEC. 27.5. Section 29805 of the Penal Code is amended to read: 1 1 1 1 1 1 1 (i) Any person who is convicted on or after January 1, 2027, of a misdemeanor violation of Section 273.65, 422.3, 422.7, 422.77, 18205, 29815, 29825, or 30305, or of subdivision (c) or (d) of Section 166, or any other offense that is defined as a hate crime under Title 11.6 of Part 1, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding 1 year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.(j) Any person, who is convicted on or after January 1, 2027, of a violation of subdivision (a) of Section 23920 and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (k) SEC. 28. SEC. 29. SEC. 30.

  amended

Action History

1. September 04, 2026

   Enrolled and presented to the Governor at 4 p.m.

2. August 27, 2026

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 5.).

3. August 27, 2026

   In Assembly. Concurrence in Senate amendments pending.

4. August 26, 2026

   Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1.).

5. August 24, 2026

   Read second time. Ordered to third reading.

6. August 21, 2026

   Read third time and amended. Ordered to second reading.

7. August 13, 2026

   Read second time. Ordered to third reading.

8. August 13, 2026

   From committee: Do pass. (Ayes 5. Noes 0.) (August 13).

9. August 03, 2026

   In committee: Referred to APPR. suspense file.

10. July 02, 2026

    Read second time and amended. Re-referred to Com. on APPR.

11. July 01, 2026

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 30).

12. June 17, 2026

    Read second time and amended. Re-referred to Com. on JUD.

13. June 16, 2026

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 16).

14. June 03, 2026

    Referred to Coms. on PUB. S. and JUD.

15. May 27, 2026

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 26, 2026

    Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 6.)

17. May 19, 2026

    Read second time. Ordered to third reading.

18. May 18, 2026

    Read second time and amended. Ordered returned to second reading.

19. May 14, 2026

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 14).

20. May 14, 2026

    Joint Rule 62(a), file notice suspended. (Page 5030.)

21. May 13, 2026

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. April 22, 2026

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 21). Re-referred to Com. on APPR.

23. April 22, 2026

    Coauthors revised.

24. April 20, 2026

    Re-referred to Com. on JUD.

25. April 16, 2026

    Read second time and amended.

26. April 15, 2026

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (April 14).

27. April 07, 2026

    In committee: Hearing postponed by committee.

28. March 25, 2026

    Re-referred to Com. on PUB. S.

29. March 24, 2026

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

30. March 18, 2026

    In committee: Set, second hearing. Hearing canceled at the request of author.

31. March 11, 2026

    In committee: Set, first hearing. Hearing canceled at the request of author.

32. February 23, 2026

    Referred to Coms. on PUB. S. and JUD.

33. February 10, 2026

    From printer. May be heard in committee March 12.

34. February 09, 2026

    Read first time. To print.

Sponsors

• Wiener · Cosponsor
• Buffy Wicks · Cosponsor
• Liz Ortega · Cosponsor
• Damon Connolly · Cosponsor
• Catherine Stefani · Primary
• Jessica Caloza · Cosponsor

Votes

Subjects