AB1753 (2026): Protective Orders and Firearms Surrender

What the Bill Does

Assembly Bill 1753 addresses the intersection of protective orders and firearm possession in California^[1]. Under current California law, individuals subject to certain protective orders, including domestic violence restraining orders (Family Code 6218), civil harassment restraining orders (CCP 527.6), and Gun Violence Restraining Orders (PC 18100-18205), are required to surrender their firearms and ammunition. The surrender process is governed by PC 18120 and Family Code 6389, which set timelines and procedures for relinquishment.

Compliance with firearm surrender orders has been a persistent enforcement challenge. Studies have found significant gaps between the number of protective orders issued and the number of verified firearm surrenders. AB1753 explicitly requires relinquishment of ammunition as well as firearms and revises court and agency notification procedures^[2].

Current Status

AB 1753 passed the Assembly Public Safety Committee on April 14 and Judiciary on April 21, 2026. It passed Assembly Appropriations and the Assembly floor on May 26. In the Senate it cleared Public Safety on June 16 and Judiciary 12-0 on June 30, and was re-referred to Appropriations on July 2. It was approved by the Governor and chaptered on September 26, 2026 as Chapter 458, Statutes of 2026. It takes effect January 1, 2027. Specified procedures, including remote appearances and electronic filings for workplace violence and postsecondary school restraining orders, begin January 1, 2028.

What to Watch

AB1753 requires local law enforcement and prosecuting agencies to designate a person to receive court notifications of violations of firearm relinquishment requirements. It also adds a ten-year firearm prohibition for specified misdemeanor convictions on or after January 1, 2027, including specified protective order violations and hate crimes. Under existing PC 18120 and Family Code 6389, firearms and ammunition must be surrendered immediately on an officer's request after service. If no officer requests surrender, Family Code 6389 requires relinquishment within 24 hours of service. PC 18120 sets that deadline for an ex parte order or an order after notice and hearing served by someone other than an officer when no officer requests surrender. Proof of relinquishment must be filed within 48 hours of service.