AB1344 (2025): District Attorney GVRO Petition Pilot in Four Counties

What the Bill Does

Assembly Bill 1344, signed by Governor Newsom on October 10, 2025 and chaptered as Chapter 573 of the Statutes of 2025, establishes a pilot program in four California counties (Alameda, El Dorado, Santa Clara, and Ventura) authorizing district attorneys to petition for Gun Violence Restraining Orders (GVROs) ^[1].

California's existing GVRO framework under Penal Code sections 18100 through 18205 already allows law-enforcement officers, immediate family members, employers, coworkers, and certain educators to petition a court to temporarily remove firearms and ammunition from an individual who poses a significant danger of personal injury to self or others. AB 1344 does not create a new type of order or a novel risk-profiling system. It adds district attorneys as a new category of petitioner authorized to file GVRO petitions within the four pilot counties ^[2]. The existing GVRO evidentiary standards and judicial-review process apply to DA-initiated petitions.

How the Pilot Works

A district attorney in one of the four pilot counties may file a GVRO petition under the same procedures as any other authorized petitioner. The petition triggers the standard GVRO timeline:

- Temporary Emergency GVRO -- a peace officer may request an oral order from a judge in an emergency, valid for up to 21 days.
- Ex Parte GVRO -- the court may issue a written order without a hearing, valid for up to 21 days, on a showing of substantial likelihood of significant danger.
- One-to-Five-Year GVRO -- following a noticed hearing where the respondent may appear, the court may issue an order for one to five years on clear and convincing evidence.

The same evidentiary standards and due-process protections apply to DA-initiated petitions as to petitions filed by family members or law-enforcement officers.

Pilot Duration and Reporting

The pilot operates from January 1, 2026 through January 1, 2032, after which the DA-petition authority sunsets unless extended by future legislation. Each participating county must, beginning April 1, 2027, submit annual data to the California Firearm Violence Research Center at UC Davis on the number of DA-initiated GVRO petitions filed, the categories of underlying conduct, the disposition of each petition, and any documented outcomes. The Firearm Violence Research Center is authorized to evaluate the pilot and report annually to the Legislature, beginning July 1, 2027, to inform future legislative consideration.

Current Status

Enacted. Chaptered by Secretary of State as Chapter 573, Statutes of 2025, with the pilot operative beginning January 1, 2026 in the four named counties.

What to Watch

The pilot will be evaluated for whether district attorneys, who have access to criminal case files and witness information that other petitioners may lack, are effective as GVRO petitioners. The constitutional framework remains the same as for all GVROs: due-process protections under the Fourteenth Amendment and Second Amendment scrutiny under the Bruen framework. The four-county outcomes will inform future statewide legislation expanding (or declining to expand) DA petition authority. Residents of Alameda, El Dorado, Santa Clara, and Ventura counties should be aware that their local DA's office now has independent authority to initiate GVRO proceedings during the pilot period.