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

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(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.

Sponsors

Sponsors by party (alphabetical): Democratic 12

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 26, 2026Chaptered by Secretary of State - Chapter 458, Statutes of 2026.
2. September 26, 2026Approved by the Governor.
3. September 4, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 27, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 5. Page 6709.).
5. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 26, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 1.).
7. August 24, 2026Read second time. Ordered to third reading.
8. August 21, 2026Read third time and amended. Ordered to second reading.
9. August 13, 2026Read second time. Ordered to third reading.
10. August 13, 2026From committee: Do pass. (Ayes 5. Noes 0.) (August 13).
11. August 3, 2026In committee: Referred to APPR. suspense file.
12. July 2, 2026Read second time and amended. Re-referred to Com. on APPR.