Firearms: voluntary firearm storage program.

Full Bill Text

Amended IN Senate May 28, 2026 Amended IN Assembly April 09, 2026 Amended IN Assembly March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1974 Introduced by Assembly Member Stefani February 13, 2026 An act to amend Sections 25570, 26392, 26406, 26577, and 27922 of, and to add Section 25010 to, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 1974, as amended, Stefani. Firearms: voluntary firearm storage program. Existing law requires a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified. Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would authorize a law enforcement agency, as defined, to create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. The bill would require a law enforcement agency adopting this program to provide clear instructions on the procedure to voluntarily transfer custody of a firearm and to provide clear instructions on the process for requesting return of the firearm, as specified. Upon receipt of a firearm, the bill would require a law enforcement agency to, among other things, check a certain database to ensure the firearm has not previously been reported lost, stolen, or involved in a crime and ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person. The bill would require a law enforcement agency to destroy a firearm that a person failed to retrieve at the end of a time period specified by the law enforcement agency, except as provided. Existing law prohibits the carrying of a concealed firearm or the open carrying of a firearm, as specified. Existing law provides certain exemptions to these prohibitions, including exemptions for peace officers, retired peace officers, and persons possessing a valid license to carry a concealed firearm. Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. This bill would exempt the voluntary transfer of a firearm to a local law enforcement agency pursuant to the provisions above from these prohibitions and regulations. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to encourage law enforcement agencies to make family law advocates and veterans’ outreach programs aware of programs created by the law enforcement agencies that allow a person to voluntarily transfer custody of their firearm to a law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. SEC. 2. Section 25010 is added to the Penal Code, to read: 25010. (a) A law enforcement agency may create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. (b) A law enforcement agency adopting a program pursuant to this section shall not be held liable for damage to the firearms while the firearms are in the temporary custody of the agency. (c) All of the following shall be required as part of the program: (1) A law enforcement agency shall have the capability to store a firearm for a duration of one year. (2) A law enforcement agency shall do all of the following as part of the program: (A) Provide clear instructions on the procedure for a person to voluntarily transfer custody of their firearm to the law enforcement agency, and make the procedure available to the public on the agency’s internet website in a manner that is consistent with the information that shall be posted in accordance with subdivision (h) of Section 13667. (B) Provide clear instructions on the process for requesting return of the firearms in accordance with Chapter 2 (commencing with Section 33850) of Division 11, including, but not limited to, by electronically submitting a Law Enforcement Release application for the return of a firearm via the California Firearms Application Reporting System. Instructions on the process for requesting the return of surrendered firearms shall be made available to the public on the agency’s internet website. (C) Provide clear information on the maximum amount of time that the law enforcement agency may store a firearm and on the disposition of a firearm after the firearm has exceeded the maximum storage time allowed by the local law enforcement agency. This information shall notify the person that their firearm or firearms shall be destroyed, returned to the person, or donated to a public or private nonprofit historical society, museum, or institutional collection. (D) Provide clear information on how people using the safe storage program, if they decide they no longer want their firearm at any point during the firearm storage period, can elect to have the firearm destroyed, donated to a public or private nonprofit historical society, museum, or institutional collection, or, pursuant to the provisions and procedures set forth in subdivision (b) of Section 33850, can sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Instructions on the process for requesting destruction, donation, or transfer of surrendered firearms shall be made available to the public on the agency’s internet website. (E) Upon receipt of a firearm: (i) Check the Automated Firearms System to ensure the firearm has not previously been reported as lost or stolen or otherwise involved in a crime pursuant to Section 33855. (ii) Update the Automated Firearms System to record the current disposition of the firearm pursuant to Section 11108.2. (iii) Prior to the return of a firearm to a person requesting its return, the law enforcement agency shall ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person pursuant to Section 33855. (iv) Upon return, donation, transfer, or destruction of the firearm, a law enforcement agency shall update the Automated Firearms System to reflect the change in disposition pursuant to the agency’s policy under Section 18005. (d) (1) Failure to retrieve the firearm at the end of a time period specified by the law enforcement agency shall result in the firearm being destroyed pursuant to the agency’s policy under Section 18005. Destruction of the firearm authorized by this paragraph shall not be executed if the person who surrendered the firearm has submitted a Law Enforcement Release application for the return of their firearm via the California Firearms Application Reporting System and the person is awaiting an eligibility determination. (2) A firearm subject to destruction pursuant to this section may, in lieu of destruction, be donated to a public or private nonprofit historical society, museum, or institutional collection, subject to the provisions of Section 27855, including, but not limited to, that the firearm be deactivated or rendered inoperable before delivery. Donation of the firearm authorized by this paragraph shall not be executed if the person who surrendered the firearm has submitted a Law Enforcement Release application for the return of their firearm via the California Firearms Application Reporting System and the person is awaiting an eligibility determination. (e) It is encouraged that a law enforcement agency makes family law advocates and veterans’ outreach programs aware of the program. (f) This section does not limit a law enforcement agency’s ability to accept firearms for voluntary temporary firearm storage pursuant to any other authority, program, or services the law enforcement agency offers. (g) For purposes of this section, a law enforcement agency means a police department or sheriff’s department. SEC. 3. Section 25570 of the Penal Code is amended to read: 25570. Section 25400 does not apply to, or affect, any of the following: (a) The transportation of a firearm by a person who finds the firearm, if the person is transporting the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency. (b) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (c) The transportation of a firearm by a person who took the firearm from a person who was committing a crime against the person who took the firearm, and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (d) The transportation of a firearm by a person to a law enforcement agency pursuant to Section 25010, if the person gives prior notice to the law enforcement agency that they are transporting the firearm to the law enforcement agency. SEC. 4. Section 26392 of the Penal Code is amended to read: 26392. Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun in any of the following circumstances: (a) By a person who finds that handgun, if the person is transporting the handgun in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the handgun to the law enforcement agency. (b) By a person who finds that handgun and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (c) By a person who took the firearm from a person who was committing a crime against the person and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting that handgun to the law enforcement agency for disposition according to law. (d) By a person who is transporting it to a law enforcement agency pursuant to Section 25010, if the person gives prior notice to the law enforcement agency that they are transporting the firearm to the law enforcement agency. SEC. 5. Section 26406 of the Penal Code is amended to read: 26406. Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances: (a) By a person who finds that firearm, if the person is carrying the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code as it pertains to that firearm, and, if the person is transporting the firearm to a law enforcement agency, the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency. (b) By a person who finds that firearm and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (c) By a person who took the firearm from a person who was committing a crime against the person and is transporting it to a law enforcement agency for disposition according to law, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (d) By a person who is transporting the firearm to a law enforcement agency pursuant to Section 25010, if the person gives prior notice to the law enforcement agency that they are transporting the firearm to the law enforcement agency. SEC. 6. Section 26577 of the Penal Code is amended to read: 26577. (a) Section 26500 does not apply to a delivery or transfer of firearms made to a dealer pursuant to Section 26892 or 29830 for storage by that dealer. (b) Section 26500 does not apply to a delivery or transfer of firearms made to a law enforcement agency pursuant to Section 25010. SEC. 7. Section 27922 of the Penal Code is amended to read: 27922. (a) Section 27545 does not apply to a person who takes possession of a firearm and subsequently delivers that firearm to a law enforcement agency if all of the following requirements are met: (1) The person found the firearm or took the firearm from a person who was committing a crime against the person who took the firearm. (2) The person taking possession of that firearm subsequently delivers the firearm to a law enforcement agency. (3) The person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (b) Except as provided in paragraph (4) of subdivision (a) of Section 27920, any firearms that are delivered to a law enforcement agency pursuant to this section that are not subject to the applicable provisions of Sections 18000, 18005, or 34000, shall, if the person has requested the firearm and is eligible to receive it, be returned to that person in accordance with Chapter 2 (commencing with Section 33850) of Division 11. (c) Section 27545 does not apply to the delivery or transfer of a firearm to a law enforcement agency by a person pursuant to Section 25010, if the person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency.