AB 1974 California Assembly · 2025-2026 Regular Session

Firearms: voluntary firearm storage program.

Summary

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.

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Jun 2026

Assembly Passage

Apr 2026

Senate Passage

Aug 2026

Governor

Introduced Feb 13, 2026 Last action Aug 30, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

04/09/26 - Amended Assembly → 05/28/26 - Amended Senate · 5 edits · May 28, 2026

MODERATE

The Senate amendment makes several substantive changes to the voluntary firearm storage program: it converts previously optional program requirements into mandatory ones, removes the option to transfer unclaimed firearms to a federal firearms licensee for sale (leaving only destruction, return, or donation), and removes the word 'minimum' from the one-year storage duration requirement. These changes tighten the framework by making compliance non-optional and eliminating a commercial disposition pathway for unclaimed firearms.

REQUIREMENT

Changed 'All of the following may be required as part of the program' to 'All of the following shall be required as part of the program,' making all listed program elements (storage capability, instructions, database checks) mandatory rather than optional for law enforcement agencies that adopt the program.

Changed 'A law enforcement agency may do all of the following' to 'A law enforcement agency shall do all of the following,' reinforcing that the specific program components are required, not permissive.

Changed 'minimum duration of one year' to 'duration of one year,' removing the word 'minimum' and potentially narrowing the required storage period from at least one year to exactly one year.

SCOPE

Removed the option for unclaimed firearms to be 'transferred to a federal firearms licensee to be sold.' The only remaining disposition options for firearms exceeding maximum storage time are destruction, return to the owner, or donation to a nonprofit historical society, museum, or institutional collection.

TECHNICAL

Removed redundant or imprecise language throughout: 'authorize require' changed to 'require,' 'explicit clear instructions' changed to 'clear instructions,' and added 'the provisions and procedures set forth in' before a cross-reference to Section 33850(b) for clarity.

03/25/26 - Amended Assembly → 04/09/26 - Amended Assembly · 5 edits · Apr 9, 2026

MODERATE

The April 9 amendment to AB 1974 makes several substantive changes to the voluntary firearm storage program. Most significantly, it converts previously optional program requirements into mandatory ones (changing 'may be required' to 'shall be required'), adds a new option for people to elect destruction, donation, or sale of their stored firearm at any time during the storage period, and adds protections preventing destruction or donation while a person's return request is still being processed.

REQUIREMENT

Program requirements in Section 25010(c) changed from optional ('may be required') to mandatory ('shall be required'), and sub-requirements changed from permissive ('may do all of the following') to mandatory ('shall do all of the following'). Law enforcement agencies adopting the program must now provide instructions, check databases, and verify eligibility rather than being merely authorized to do so.

New subsection (c)(2)(D) requires law enforcement agencies to provide clear information on how people can elect to have their stored firearm destroyed, donated to a nonprofit historical society or museum, or sold/transferred to a licensed dealer or third party at any point during the storage period. These instructions must be posted on the agency's website.

Added protection in Section 25010(d)(1) and (d)(2): destruction or donation of a firearm shall not be executed if the person who surrendered it has submitted a Law Enforcement Release application via the California Firearms Application Reporting System and is still awaiting an eligibility determination.

SCOPE

Section 25010(c)(2)(C) expanded the list of possible dispositions to include donation to a 'public or private nonprofit historical society, museum, or institutional collection' alongside destruction, return, or transfer to a federal firearms licensee.

Section 25010(f) savings clause broadened from 'any other authority' to 'any other authority, program, or services the law enforcement agency offers,' making it clearer that the new section does not limit existing programs or services.

02/13/26 - Introduced → 03/25/26 - Amended Assembly · 7 edits · Mar 25, 2026

MODERATE

The amendment significantly expands AB 1974 beyond its original scope of merely creating a voluntary firearm storage program. It adds five new sections that amend existing Penal Code provisions to exempt people from various firearm transport, carrying, transfer, and possession prohibitions when they are delivering firearms to law enforcement agencies under the voluntary storage program or returning found/stolen firearms. It also adds an option to donate unclaimed firearms to museums or historical societies instead of destroying them.

Scope change

The bill expanded from a single new section (25010) creating a voluntary storage program to also amending five existing Penal Code sections to remove legal barriers that would otherwise prevent people from lawfully transporting, carrying, transferring, or possessing firearms while delivering them to law enforcement agencies under the program.

SCOPE

Five new sections (3-7) were added that amend Penal Code Sections 25570, 26392, 26406, 26577, and 27922 to create exemptions from existing firearm prohibitions when transporting or delivering firearms to law enforcement agencies under the voluntary storage program.

ELIGIBILITY

New Section 3 (amending 25570) exempts transportation of firearms to law enforcement from the loaded-transport prohibition, covering not only voluntary storage participants but also people who find firearms or take them from someone committing a crime against them, provided they give prior notice to the agency.

New Section 4 (amending 26392) exempts open carrying of an unloaded handgun when transporting to law enforcement under the voluntary storage program or returning found/stolen firearms, with a prior notice requirement.

New Section 5 (amending 26406) exempts carrying of an unloaded non-handgun firearm when transporting to law enforcement under the voluntary storage program or returning found/stolen firearms, with a prior notice requirement.

New Section 7 (amending 27922) exempts possession of a firearm found or taken from a criminal when delivered to law enforcement, and exempts delivery to law enforcement under the voluntary storage program from the prohibition on receiving stolen firearms. Also provides that eligible persons may have their firearms returned.

REQUIREMENT

New Section 6 (amending 26577) exempts delivery or transfer of firearms to a law enforcement agency pursuant to the voluntary storage program from the requirement that firearm transfers go through a licensed dealer.

Section 25010(d) was modified to add subdivision (2), allowing unclaimed firearms to be donated to a public or private nonprofit historical society, museum, or institutional collection in lieu of destruction, subject to Section 27855 requirements including deactivation or rendering the firearm inoperable before delivery.

Floor votes · Senate Aug 28, 2026 · Assembly Apr 20, 2026

How they voted

36–3

Passed · 1 other

Total votes 40

Aug 28, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

6 Yea 3 Nay 1

60% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 30, 2026

Lower · Passed

Senate amendments concurred in. To Engrossing and Enrolling.

lower

Aug 28, 2026

Introduced

In Assembly. Concurrence in Senate amendments pending.

lower

Aug 28, 2026

Upper · Passed

Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0.).

upper

Jun 9, 2026

Upper · Passed

From committee: Do pass. (Ayes 6. Noes 0.) (June 9).

upper

May 28, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

upper

May 6, 2026

Committee

Referred to Com. on PUB. S.

upper

Apr 20, 2026

Lower · Passed

Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 2. Page 4724.)

lower

Apr 9, 2026

Lower · Passed

Read second time and amended. Ordered returned to second reading.

lower

Apr 8, 2026

Introduced

From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 7).

lower

Mar 26, 2026

Committee

Re-referred to Com. on PUB. S.

lower

Mar 25, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

lower

Mar 2, 2026

Committee

Referred to Com. on PUB. S.

lower

Feb 14, 2026

Lower · Passed

From printer. May be heard in committee March 16.

lower

1 primary · 0 co-sponsors