(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.
(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.

Statutes affected:
AB 824: 16520 PEN, 18120.5 PEN
02/19/25 - Introduced: 16520 PEN, 18120.5 PEN
04/03/25 - Amended Assembly: 6383 FAM, 6383 FAM, 16520 PEN, 18120.5 PEN