Bill > AB451

This bill requires municipal police departments, county sheriff's departments, the California Highway Patrol, and university police departments to develop comprehensive written policies for serving and enforcing court protection and restraining orders involving firearm restrictions by January 1, 2027. These policies must establish standardized procedures for serving orders to restrained persons in a timely manner, including specific steps for documenting service, filing proof of service, and entering service information into the California Restraining and Protective Order System. The bill mandates that officers take immediate action to request firearm relinquishment when serving orders, which includes notifying the restrained person of their obligation to surrender firearms, conducting lawful searches, taking custody of prohibited items, completing relinquishment documentation, and updating the Automated Firearms System. The policies must also provide guidance for situations where immediate firearm surrender is not possible, such as offering clear instructions on how to comply with the order within 24-48 hours and potential consequences for non-compliance. Additionally, law enforcement agencies must develop processes to proactively identify individuals who are illegally armed in violation of court orders and take appropriate enforcement actions, which may include contacting the restrained person, seizing firearms, notifying relevant parties, or making an arrest. The bill encourages agencies to collaborate with domestic violence experts and survivor advocates when developing these policies and requires the policies to be made publicly accessible. If the Commission on State Mandates determines the bill imposes state-mandated costs, local agencies will be reimbursed accordingly.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB451