On September 26, 2026, Governor Newsom signed Assembly Bill 1974 into law as Chapter 460 of the 2026 Statutes. It never mentions dementia, Alzheimer’s, or cognitive decline anywhere in its text. But for the thousands of Orange County families quietly wrestling with what to do about a parent’s guns after a dementia diagnosis, it may be the single most useful piece of legislation to pass in years — because for the first time, California law spells out a formal, no-liability way to voluntarily hand firearms to local law enforcement for safekeeping.
Starting one of the hardest conversations in caregiving just got a little easier to finish.
What AB 1974 Actually Does — And What It Doesn’t Say
Let’s be precise, because this is exactly the kind of story that gets garbled by the time it reaches a family group chat. AB 1974, authored by Assemblymember Stefani, adds a brand-new section to the Penal Code — Section 25010 — and amends five existing sections (25570, 26392, 26406, 26577, and 27922). It creates what the bill calls a voluntary firearm storage program. Here is what the operative language actually allows:
- A law enforcement agency may (not must) set up a program letting a person voluntarily transfer a firearm into the agency’s custody for temporary safekeeping.
- Any agency that does offer the program must be able to store a firearm for up to one year.
- Before accepting the firearm, the agency runs it through the Automated Firearms System to confirm it isn’t reported stolen or linked to a crime.
- To get it back, the owner submits a request through the California Firearms Application Reporting System (CFARS), and the agency must confirm the person is currently eligible to possess a firearm before returning it.
- If a firearm is never reclaimed, the agency may destroy it, return it, or donate it to a public or private nonprofit historical society, museum, or institutional collection — and the owner can elect destruction or donation at any time.
- The trip to drop the firearm off is exempted from California’s open- and concealed-carry transport restrictions, so a family member can legally drive a relative’s firearm to the station without pre-notifying anyone.
- Participating agencies are shielded from liability for damage to the firearm while it’s in storage.
The bill’s own stated intent — quoted directly from Section 1 — is “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.” Family caregivers of someone with dementia aren’t named — but they are, in practice, exactly the population this was built for.
The law is written broadly — but the safety problem it solves shows up most often in caregiving families.
Why This Matters for Families Caring for Someone With Dementia
Every hospice nurse, geriatric care manager, and long-time home care aide in Orange County has some version of the same story: a family finally has the conversation about car keys, and a few months later they realize there’s a loaded revolver in the nightstand drawer, too. As dementia progresses, judgment, impulse control, and the ability to recognize a firearm as dangerous can all decline — sometimes long before a family notices. Confusion, hallucinations associated with conditions like Lewy body dementia, and sundowning-related agitation (see our guide to sundowning and time-change agitation) can all turn an otherwise responsible gun owner into a genuine safety risk to themselves or others in the home.
Until now, families in this position had a narrow, awkward set of options: sell the firearm privately, ask a friend or relative to informally “hold onto it,” lock it in a home safe the person might still be able to open, or simply argue about it. None of those came with a documented, liability-protected, state-recognized process. AB 1974 changes that starting January 1, 2027 — for any agency that opts in.
Before AB 1974 vs. After January 1, 2027
| Situation | Before AB 1974 | After AB 1974 (where an agency opts in) |
|---|---|---|
| Formal storage option | No statewide codified voluntary program; policies varied wildly by department | Codified process any agency can adopt, with a guaranteed 1-year minimum storage capability |
| Getting the firearm back | Informal, inconsistent from agency to agency | Standardized request through CFARS with a mandatory eligibility check |
| Liability for damage in storage | Unclear, agency-dependent | Agency is statutorily shielded from liability |
| Transporting the firearm to the station | Risked running afoul of open/concealed carry transport rules | Expressly exempted from those prohibitions |
| If never reclaimed | Ad hoc — varied by department policy | Defined options: destroy, return, or donate to a museum/historical society |
The new law gives “somewhere safe to put it” an actual legal framework for the first time.
How the Voluntary Storage Process Is Supposed to Work
| Step | What Happens |
|---|---|
| 1. Contact the agency | Call your local police department or the Orange County Sheriff’s Department substation serving your city and ask whether they have established a voluntary firearm storage program under Penal Code 25010. |
| 2. Transfer the firearm | The eligible person transports and hands over the firearm at the agency (transport for this specific purpose is exempted from carry restrictions). |
| 3. Automated Firearms System check | The agency verifies the firearm isn’t stolen or connected to a crime before accepting it into storage. |
| 4. Storage period | The agency holds the firearm for up to one year (or longer if agency policy allows). |
| 5. Return request | The rightful owner (or their legal designee) files a request through the California Firearms Application Reporting System. |
| 6. Eligibility determination | The agency confirms the requester is currently eligible to possess a firearm. Return is prohibited while this determination is pending. |
| 7. Final disposition | If never reclaimed, the firearm is destroyed, returned, or donated to a museum, historical society, or institutional collection — the owner can request destruction or donation at any time. |
Not Every OC Agency Has to Participate — Ask These Questions When You Call
Because AB 1974 uses “may,” not “shall,” participation is up to each individual police department and the Orange County Sheriff’s Department. Some agencies may already run informal safekeeping arrangements; others may take time to build out CFARS-compliant intake after the law takes effect. Before you make the drive, call ahead and ask:
- “Do you currently offer a voluntary firearm storage program under Penal Code 25010?”
- “What documentation should I bring, and does the owner need to be present in person?”
- “What is your process if the person who owns the firearm has a cognitive impairment and cannot personally initiate the transfer?”
- “Is there a fee?” (The statute itself contains no fee provision, but confirm local practice.)
- “What happens after the one-year mark if our family isn’t ready to have it returned?”
Bring documentation and ask about the agency’s specific intake process before you go.
A Safety Planning Checklist for OC Caregiving Families
If you’re supporting a loved one through a new dementia diagnosis — whether through our GUIDE Model dementia care program or on your own — firearm safety belongs on the same list as car keys, stovetop safety, and medication management. Click through the list below as you complete each step.
- Identify every firearm in the home, including ones stored in vehicles or outbuildings
- Talk with the person’s physician about safety planning as part of the broader dementia care plan
- Call your local police department or OC Sheriff substation to ask if they participate in the AB 1974 voluntary storage program
- Confirm who in the family is legally able to transfer the firearm (ownership matters)
- Ask the agency about their process when the owner has a cognitive impairment
- Gather ammunition separately and ask the agency whether they accept it too
- Document the make, model, and serial number of each firearm before transfer
- Decide as a family whether your long-term goal is eventual return, donation, or destruction
- Loop in your loved one’s care team (home care aide, case manager, or hospice nurse) so everyone is working from the same safety plan
- Revisit the plan every six months as the condition progresses
Test Your Knowledge: AB 1974
Frequently Asked Questions
No. The bill’s text never mentions dementia, Alzheimer’s, or cognitive decline. It creates a general voluntary firearm storage program. It is simply one of the few concrete, statewide tools that happens to solve a problem many dementia caregiving families already face.
The law takes effect January 1, 2027. It has no urgency clause, so it follows the standard effective-date rule for California statutes. Individual agencies may need time after that date to stand up CFARS-compliant intake procedures, so call ahead before you visit.
Because participation is optional under the statute, some departments may be slower to implement this than others. Ask your agency directly, and in the meantime lean on your loved one’s care team to help problem-solve interim safe storage.
The statute’s text centers on the person who has the legal right to transfer the firearm. If your loved one no longer has legal capacity, this typically involves whoever holds power of attorney or legal guardianship. Confirm the specifics with the receiving agency and, if needed, an elder law attorney.
The statute itself does not include a fee provision. Individual agency practices may still vary, so it’s worth confirming when you call.
The agency may destroy it, return it, or donate it to a public or private nonprofit historical society, museum, or institutional collection. The owner can request destruction or donation at any time rather than waiting out the full storage period.
Building a Complete Safety Plan for a Loved One With Dementia?
At Home VA Staffing helps Orange County families put every piece of a dementia care plan in place — from in-home caregiving support to the harder conversations, like firearm safety, that are easy to put off. Our team can help you think through what a full safety plan looks like for your family.
Talk to Our Team: (213) 326-7452This article is for general informational purposes and reflects the text of AB 1974 (Chapter 460, Statutes of 2026) as chaptered on September 26, 2026, and is not legal advice. Firearm laws carry serious legal consequences — consult your local law enforcement agency and, where appropriate, a licensed attorney before transferring, storing, or requesting the return of any firearm. AHVA is not a law enforcement agency and does not accept, store, or transport firearms. Related reading: our coverage of the GUIDE Model for dementia care, sundowning and time-change agitation, and new Alzheimer’s diagnostic blood tests.
