Firearms Law (AB 2759) and Divorce –
When emotions run high during divorce, California’s new firearms law (AB 2759) adds critical layers to asset division and child custody negotiations. At our Los Angeles practice, we’ve already seen this 2025 law fundamentally change how couples navigate separation when guns are involved. Here’s what every divorcing spouse should know.
What AB 2759 Actually Says
Effective January 2025, this law:
– Requires immediate surrender of all firearms when a domestic violence restraining order (DVRO) is issued
– Expands reporting requirements to include family law courts and local law enforcement
– Creates new penalties for non-compliance, including contempt charges
Real Impact: We recently handled a case where a police officer’s service weapon became a contentious issue in his divorce. The court ordered it stored at his precinct despite no history of violence.
How This Affects Divorce Proceedings
1. Temporary Restraining Orders (TROs) Now Trigger Firearm Seizure
Even “routine” TROs in contentious divorces can now lead to:
– Law enforcement accompanying the restrained party to collect weapons
– 30-day waiting periods to reclaim firearms after order expiration
– Permanent loss of concealed carry permits
2. Custody Evaluations Now Include Firearm Assessments
Judges increasingly consider:
– Safe storage practices (even without DV allegations)
– Children’s access to weapons during visitation
– Mental health history related to gun ownership
Client Example: A Brentwood father lost unsupervised visits after an evaluator found his gun safe wasn’t biometric.
3. Dividing Gun Collections Just Got Complicated
Community property rules still apply, but:
– Transfers require background checks mid-divorce
– Courts may order sales instead of direct transfers
– “Dangerous weapon” classifications affect division
Strategic Approaches We Recommend
For Gun Owners:
✅ Request a “safe harbor” hearing to propose alternative storage
✅ Voluntarily store weapons at a licensed dealer preemptively
✅ Document safety measures (training certs, purchase receipts)
For Concerned Spouses:
✅ Request firearm restrictions in initial filings
✅ Demand proof of surrender before parenting time
✅ Consider mental health evaluations if needed
Why Los Angeles Cases Are Different
Our local courts take an especially strict view because:
– LAPD and Sheriff’s Dept. actively enforce AB 2759
– Judges Stanley Blumenfeld and Holly Fujie pioneered local compliance protocols
– Urban density raises safety concerns judges consider
Recent Ruling: A Malibu executive had his $250,000 collection auctioned because he missed a surrender deadline by 3 days.
How We Protect Clients
Hayat Family Law helps by:
– Filing emergency exemption motions for law enforcement/military
– Negotiating stipulated storage agreements
– Challenging overreaching orders without proper cause
Don’t let a misunderstanding of this new law jeopardize your rights. Call us at (310) 917-1044 for a confidential consultation about your specific situation.
