Recently approved bill allows district attorneys to request gun restraining orders directly

VENTURA COUNTY, Calif. (KEYT) – An assembly bill to create a pilot program allowing local district attorneys to request gun restraining orders in four California counties has successfully passed out of the Assembly this week.

Assembly Bill 1344, authored by Assemblymember Jacqui Irwin and sponsored by Ventura County District Attorney Erik Nasarenko, would allow district attorneys in Alameda, El Dorado, Santa Clara, and Ventura counties to directly petition courts for Gun Violence Restraining Orders (GVRO).

Existing law allows for immediate family members, employers, coworkers, teachers, or a law enforcement officer to petition the court for a GVRO that, if issued, can prohibit a person from purchasing or possessing a firearm or ammunition for one year or up to five years.

The judicial action can be issued for a much shorter period of up to 21 days and renewed if the subject of the order poses a danger to themselves or others.

"When someone poses an imminent threat of violence to themselves or others by having a firearm, gun violence restraining orders can be a lifesaving tool," explained Ventura County District Attorney Nasarenko. "Local prosecutors are uniquely qualified to assist law enforcement in obtaining these restraining orders and AB 1344 gives us the legal authority to step in and prevent tragedy before it happens. I urge the Governor to sign Assemblymember Irwin’s sensible bill into law."

The bill requires that district attorneys creating the pilot program to submit annual reports to the California Firearm Violence Research Center at UC Davis beginning in 2027 and there, the results of GVROs will be tracked and studied for future policy recommendations.

The bill passed a full Senate vote on Sep. 4 and was passed by the lower chamber of the California Legislature on Monday, Sep. 8.

Now, the Governor has until Oct. 12 of this year to either sign the bill into law or veto the measure.

If no action is taken, the bill automatically becomes law explained the Ventura County District Attorney's Office.

"The frequency of mass shootings committed with legally purchased firearms continues to drive home the point that removing firearms from those who pose a danger to themselves, or others is perhaps the first line of defense in preventing tragedies," said Assemblymember Jacqui Irwin. "The expanded use of Gun Violence Restraining Orders has proven to be an effective tool to address this issue. I am thankful to Ventura County District Attorney Erik Nasarenko, who has been steadfast in his support of my efforts to pass legislation that would authorize a pilot program to allow District Attorney’s to petition for GVRO’s. The data gathered through this pilot program could lead to statewide legislation that would have a significant impact on gun violence in California."