Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition.

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner.

This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition.

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner.

This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition.

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition.

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 950

Author:(Melendez)

As Amended Ver:June 30, 2015

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Allows a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, this bill would entitle the owner to have them transferred to a licensed firearms dealer. This bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

The Senate amendments extend the authority of a local jurisdiction to impose a charge relating to the seizure, impounding, storage or release of a firearm to the seizure, impounding, storage, or release of ammunition.

EXISTING LAW:

1. Permits persons who are subject to domestic violence restraining orders to surrender their weapons to licensed firearms dealers for storage during the period they are not permitted to possess firearms.

2. States that the provisions of law establishing gun violence restraining orders shall take effect on January 1, 2016.

3. Requires, upon issuance of a gun violence restraining order, the court to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person's custody or control, or which the restrained person possesses or owns.

4. Allows an immediate family member of a person or a law enforcement officer to file a petition requesting that the court issue an ex parte gun violence restraining order, that expires no later than 21 days from the date of the order, enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

5. States that the court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce, or in lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath.

6. Requires a showing that the subject of the petition poses a significant danger, in the near future, of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering specified factors and that less restrictive alternative have been ineffective, or are inappropriate for the situation, before an ex parte gun violence restraining order may be issued.

7. Specifies in determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:

   1. A recent threat of violence or act of violence by the subject of the petition directed toward another;

   2. A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself;

   3. A violation of an emergency protective order that is in effect at the time the court is considering the petition;

   4. A recent violation of an unexpired protective order;

   5. A conviction for any specified offense resulting in firearm possession restrictions; or,

   6. A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another.

8. States that an ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or any person who is at least 18 years of age and not a party to the action, if the restrained person can reasonably be located. When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing that will be scheduled to determine whether to issue a gun violence restraining order.

9. Requires, within 21 days from the date an ex parte gun violence restraining order was issued, before the court that issued the order or another court in the same jurisdiction, the court to hold a hearing to determine if a gun violence restraining order should be issued.

10. Allows an immediate family member of a person or a law enforcement officer to request a court, after notice and a hearing, to issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.

11. States at the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:

    1. The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and,

    2. A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances.

12. Provides if the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect.

13. Requires the court to inform the restrained person that he or she is entitled to one hearing to request a termination of the gun violence restraining order and provide the restrained person with a form to request a hearing.

14. States that it is a misdemeanor offense for every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass.

15. Provides that it is a misdemeanor offense for every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and he or she shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.

AS PASSED BY THE ASSEMBLY, this bill allowed a person, who is subject to a GVRO, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, this bill would entitle the owner to have them transferred to a licensed firearms dealer. This bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Non-reimbursable local costs associated with requirements on local law enforcement agencies relating to the transfer of firearms to licensed firearms dealers, as existing law authorizes local agencies to impose a fee equal to its administrative costs relating to the seizure, impounding, storage, or transfer of a firearm to a licensed firearms dealer.

2. Potential state-reimbursable costs (General Fund) to local law enforcement agencies related to the transfer of ammunition to licensed firearms dealers, as existing law does not authorize local agencies to impose a fee to cover its administrative costs related to the transfer of ammunition to a licensed firearms dealer. Costs would be dependent on the number of persons requesting transfer and the volume of ammunition to be transferred, which is unknown, although it is assumed persons requesting transfer would be those owners of sizeable amounts of ammunition.

3. Minor, absorbable workload impact to the Department of Justice (DOJ) related to the notification to DOJ by licensed firearms dealers of the date ammunition is taken into possession.

Minor one-time costs of less than $10,000 (General Fund (Trial Court Trust Fund)) to the Judicial Council to modify the GVRO form.

COMMENTS: According to the author, "This measure will ensure the safety of the public without unnecessarily infringing upon the rights of individuals. It will reinstate passed statutes set by AB 539 (Pan), Chapter 739, Statutes of 2013, which created a process to provide an individual who is prohibited from owning or possessing firearms, due to a gun violence restraining order (GVRO), the ability to transfer their firearms to a federal firearm licensed (FFL) dealer for the duration of the restraining order. Gun violence restraining orders are extremely serious and reflect the gravity of the situation. As long as the firearm and ammunition is not in the possession of the individual and is not accessible, the intent of the GVRO is being carried out."

Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001117

 THIRD READING 

Bill No: AB 950

Author: Melendez (R)

Amended: 6/30/15 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 6-0, 6/29/15

AYES: Lara, Beall, Hill, Leyva, Mendoza, Nielsen

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote

SUBJECT: Firearms: gun violence restraining orders

SOURCE: Author

DIGEST: This bill (1) allows a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition; (2) provides for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition; and, (3) authorizes state and local agencies to adopt ordinances to impose a charge equal to its administrative costs for the transfer of ammunition to licensed firearms dealers.

ANALYSIS

Existing law:

1. Permits persons who are subject to domestic violence restraining orders to surrender their weapons to licensed firearms dealers for storage during the period they are not permitted to possess firearms. (Penal Code § 29830.)
   
   

2. States that the provisions of law establishing gun violence restraining orders shall take effect on January 1, 2016. (Penal Code § 18122.)
   
   

3. Requires, upon issuance of a gun violence restraining order, the court to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns. (Penal Code § 18120(b)(1).)
   
   

4. Allows an immediate family member of a person or a law enforcement officer to file a petition requesting that the court issue an ex parte gun violence restraining order, that expires no later than 21 days from the date of the order, enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (Penal Code §§ 18150 and 18155(c).)
   
   

5. States that the court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce, or in lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath. (Penal Code § 18155(a).)
   
   

6. Requires a showing that the subject of the petition poses a significant danger, in the near future, of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering specified factors and that less restrictive alternative have been ineffective, or are inappropriate for the situation, before an ex parte gun violence restraining order may be issued. (Penal Code § 18150(b).)
   
   

7. Specifies, in Penal Code section 18155(b)(1), that in determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
   
   

   1. A recent threat of violence or act of violence by the subject of the petition directed toward another;
      
      

   2. A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself;
      
      

   3. A violation of an emergency protective order that is in effect at the time the court is considering the petition;
      
      

   4. A recent violation of an unexpired protective order;
      
      

   5. A conviction for any specified offense resulting in firearm possession restrictions; or,
      
      

   6. A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another.

8. States that an ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or any person who is at least 18 years of age and not a party to the action, if the restrained person can reasonably be located. When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing that will be scheduled to determine whether to issue a gun violence restraining order. (Penal Code § 18160(b).)
   
   

9. Requires, within 21 days from the date an ex parte gun violence restraining order was issued, before the court that issued the order or another court in the same jurisdiction, the court to hold a hearing to determine if a gun violence restraining order should be issued. (Penal Code § 18160(c).)
   
   

10. Allows an immediate family member of a person or a law enforcement officer to request a court, after notice and a hearing, to issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. (Penal Code § 18170.)
    
    

11. States, in Penal Code section Penal Code § 18175(b), that at the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:
    
    

    1. The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and,
       
       

    2. A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances.

12. Provides if the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect. (Penal Code § 18175(c).)
    
    

13. Requires the court to inform the restrained person that he or she is entitled to one hearing to request a termination of the gun violence restraining order and provide the restrained person with a form to request a hearing. (Penal Code § 18180(b).)
    
    

14. States that it is a misdemeanor offense for every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass. (Penal Code § 18200.)
    
    

15. Provides that it is a misdemeanor offense for every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and he or she shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (Penal Code § 18205.)

This bill:

1. Allows a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer.

2. Provides for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

3. Authorizes state and local agencies to adopt ordinances to impose a charge equal to its administrative costs for the transfer of ammunition to licensed firearms dealers.

Background

AB 1014 (Skinner, Chapter 872, Statutes of 2014) enacted a gun violence restraining order law in California to address concerns related to mental health and firearms possession after the Isla Vista shooting in Santa Barbara. Under the provisions of AB 1014, persons subject to gun violence restraining orders are required to either sell their weapons or surrender those firearms to law enforcement. This bill seeks to provide an option that is available for persons who are subject to domestic violence restraining orders. That option was put into place by AB 539 (Pan, Chapter 739, Statutes of 2013) which created a process whereby persons subject to a domestic violence restraining order could transfer their firearms to a federally licensed firearms dealer for the duration of the restraining order. This bill would provide that same remedy for persons subject to a gun violence restraining order. By enacting this bill, the original intent of AB 1014 is preserved, while the property interests of persons subject to restraint through a GVRO are also maintained.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, the fiscal impact of the bill prior to the most recent amendments includes:

• Non-reimbursable local costs associated with requirements on local law enforcement agencies relating to the transfer of firearms to licensed firearms dealers, as existing law authorizes local agencies to impose a fee equal to its administrative costs relating to the seizure, impounding, storage, or transfer of a firearm to a licensed firearms dealer

• Potential state-reimbursable costs (General Fund) to local law enforcement agencies related to the transfer of ammunition to licensed firearms dealers, as existing law does not authorize local agencies to impose a fee to cover its administrative costs related to the transfer of ammunition to a licensed firearms dealer. Costs would be dependent on the number of persons requesting transfer and the volume of ammunition to be transferred, which is unknown, although it is assumed persons requesting transfer would be those owners of sizeable amounts of ammunition.

• Minor, absorbable workload impact to the Department of Justice (DOJ) related to the notification to DOJ by licensed firearms dealers of the date ammunition is taken into possession.

• Minor one-time costs of less than $10,000 (General Fund*) to the Judicial Council to modify the GVRO form.

SUPPORT: (Verified 6/30/15)

California Chapters of the Brady Campaign to Prevent Gun Violence

California Rifle and Pistol Association

Firearms Policy Coalition

Gun Owners of California

Law Center to Prevent Gun Violence

National Rifle Association of America

Numerous individuals

OPPOSITION: (Verified 6/30/15)

None received

ARGUMENTS IN SUPPORT: According to the California Chapters of the Brady Campaign to Prevent Gun Violence:

In 2014, the Brady Campaign was instrumental in the passage of AB 1014 (Skinner), which we believe, when implemented in 2016, will save numerous lives. The California Brady Campaign Chapters support AB 950 by Assembly Member Melissa Melendez, as the bill will facilitate the implementation of this important new law.

AB 1014 allows an immediate family member or a law enforcement officer to request a court to issue a Gun Violence Restraining Order (GVRO) to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another. Existing law requires a person who is subject to such a restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

This bill would allow a person who is subject to a GVRO to transfer his or her firearms and/or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

AB 950 is essentially similar to AB 539 (2013) by Dr. Richard Pan and, in fact, Senator Pan is principle coauthor of this bill. Like AB 539, this bill presents a reasonable alternative for temporarily removing firearms, particularly in volatile situations. We believe that it would enhance public safety as people may be more likely to surrender their firearms and ammunition if they believe that there is a reasonable chance that they can get them back upon the termination of the prohibition.

ASSEMBLY FLOOR: 77-0, 4/30/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Chávez, Gomez

Prepared by: Jessica Devencenzi / PUB. S. /

7/2/15 9:09:37

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 950 (Melendez) - Firearms: gun violence restraining orders

This bill may meet the criteria for referral to the Suspense File.

Bill Summary:

AB 950 would allow a person who is subject to a gun violence restraining order (GVRO) to transfer his or her firearms and ammunition to a licensed firearms dealer for the duration of the prohibition. This bill would also entitle a person who is prohibited from owning or possessing ammunition to transfer or cause to be transferred the ammunition to a licensed firearms dealer, as specified.

Fiscal Impact:

• Non-reimbursable local costs associated with requirements on local law enforcement agencies relating to the transfer of firearms to licensed firearms dealers, as existing law authorizes local agencies to impose a fee equal to its administrative costs relating to the seizure, impounding, storage, or transfer of a firearm to a licensed firearms dealer.

• Potential state-reimbursable costs (General Fund) to local law enforcement agencies related to the transfer of ammunition to licensed firearms dealers, as existing law does not authorize local agencies to impose a fee to cover its administrative costs related to the transfer of ammunition to a licensed firearms dealer. Costs would be dependent on the number of persons requesting transfer and the volume of ammunition to be transferred, which is unknown, although it is assumed persons requesting transfer would be those owners of sizeable amounts of ammunition.

• Minor, absorbable workload impact to the Department of Justice (DOJ) related to the notification to DOJ by licensed firearms dealers of the date ammunition is taken into possession.

• Minor one-time costs of less than $10,000 (General Fund*) to the Judicial Council to modify the GVRO form.

*Trial Court Trust Fund

Background:

Under recently enacted AB 1014 (Skinner) Chapter 872/2014, a person subject to a GVRO is required to either surrender all firearms and ammunition to the local law enforcement agency or sell all firearms and ammunition to a licensed firearms dealer, as specified. Under existing law, any firearms or ammunition surrendered to the law enforcement agency must be retained by the law enforcement agency until the expiration of the GVRO. (Penal Code (PC) § 18120(b)-(c).)

Under existing law, any person who is prohibited from owning or possessing a firearm may transfer or cause to be transferred, any firearm or firearms in his or her possession, or of which he or she is the owner, to a firearms dealer licensed for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. (PC § 29830(a).)

Existing law provides that a firearms dealer who stores a firearm pursuant to the above may charge the owner a fee for the storage of the firearm. Additionally, a firearms dealer who stores a firearm is required to notify the Department of Justice (DOJ) of the date that the firearms dealer has taken possession of the firearm. (PC 29830(b)-(c).)

AB 539 (Pan) Chapter 739/2013 created a process whereby persons subject to domestic violence restraining orders could transfer their firearms to a federally licensed firearms dealer for the duration of the restraining order. This bill seeks to provide a similar option to persons subject to a GVRO, as well as expand the option to include the transfer of ammunition to a licensed firearms dealer for the duration of the restraining order.

Proposed Law:

This bill would allow a person who is subject to a GVRO to transfer his or her firearms and ammunition to a licensed firearms dealer for the duration of the prohibition. Additionally, this bill:

• Entitles a person whose firearms or ammunition have been surrendered to a law enforcement agency due to the issuance of a GVRO to have the firearms or ammunition transferred to a licensed firearms dealer, as specified.

• Provides for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

• Provides that a firearms dealer who stores ammunition for a person prohibited from owning or possessing ammunition to notify the DOJ of the date that the dealer has taken possession of the ammunition.

Related Legislation:

AB 1014 (Skinner) Chapter 872/2014 provides for the issuance of GVROs by the court upon request by an immediate family member or a law enforcement officer under which persons subject to a GVRO are required either to sell or surrender all firearms and ammunition in the person’s possession or ownership.

AB 539 (Pan) Chapter 739/2013 authorizes a person who is temporarily prohibited from owning or possessing a firearm to transfer his or her firearm to a licensed firearms dealer for storage for the duration of the prohibition, as specified.

Staff Comments:

By entitling a person whose firearms and ammunition have been surrendered to a law enforcement agency due to the issuance of a GVRO to have the firearms or ammunition transferred to a licensed firearms dealer, as well as entitling a person prohibited from owning or possessing ammunition for any reason under existing law, to transfer the ammunition to a licensed firearms dealer during the period of the prohibition, this bill creates a state-mandated local program by increasing the duties of local law enforcement agencies.

Under existing law PC § 33880, state and local agencies may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm. The fee must not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearms dealer or to the owner. As a result, any additional costs to local law enforcement agencies related to the transfer of firearms to licensed firearms dealers pursuant to the provisions of this bill are estimated to be non-reimbursable and recoverable through fees. However, any costs related to the transfer of ammunition are not similarly authorized under existing law to be recovered through the imposition of fees to cover administrative costs. As a result, to the extent the increase in local law enforcement workload and costs for the transfer of ammunition qualify as a reimbursable state mandate, local agencies could submit claims for reimbursement of these costs. Potential annual costs would be dependent on the number of persons requesting transfer and the volume of ammunition to be transferred in any one year, which is unknown at this time, although it is assumed persons requesting transfer would be those owners of sizeable amounts of ammunition.

The provisions of this bill may require the Judicial Council to revise the GVRO form. One-time costs of less than $10,000 (General Fund) are estimated to revise the form and make necessary translations.

The DOJ has indicated no significant impact associated with the provision of this measure that requires licensed firearms dealers to notify the DOJ of the date that ammunition is taken into possession from individuals prohibited from owning or possessing firearms and ammunition.

Recommended Amendments: To address the potential reimbursable mandate on local law enforcement agencies for the transfer of ammunition to licensed firearms dealers, staff recommends the following amendments to PC § 33880 to authorize state and local agencies to adopt ordinances to impose a charge equal to its administrative costs:

CHAPTER 2. Return or Transfer of Firearm or Ammunition in Custody or Control of Court or Law Enforcement Agency [33850 - 33895]

33880.  (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm or ammunition.

(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed firearms dealer or to the owner.

(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time the firearm or ammunition came into the custody or control of the law enforcement agency.

(d) The following apply to any charges imposed for administrative costs pursuant to this section:

(1) The charges shall only be imposed on the person claiming title to the firearm or ammunition.

(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.

(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code.

(4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.

(e) No costs for any hearing or appeal related to the release of a firearm or ammunition shall be charged to the legal owner who redeems the firearm or ammunition, unless the legal owner voluntarily requests the post-storage hearing or appeal. No city, county, city and county, or state agency shall require a legal owner to request a post-storage hearing as a requirement for release of the firearm or ammunition to the legal owner.

Staff also recommends the following technical amendment to PC § 18120 to correct a potential conflict with paragraph (2) of subdivision (c) of that section:

18120. (c) (1) Except as provided in paragraph (2), any Any firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of any gun violence restraining order that has been issued against the restrained person. Upon expiration of any order, any firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.

(2) A restrained person who owns any firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell any firearms or ammunition to a licensed firearms dealer or transfer  any firearms or ammunition to a licensed firearms dealer in accordance with Section 29830,  provided that the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 950 Hearing Date: June 9, 2015

Subject: Firearms: Gun Violence Restraining Orders

HISTORY

Source: Author

Prior Legislation: AB 1014 (Skinner) - Chapter 872, Statutes of 2014

AB 539 (Pan) - Chapter 739, Statutes of 2013

Support: California Chapters of the Brady Campaign to Prevent Gun Violence;

California Rifle and Pistol Association; Firearms Policy Coalition; Law Center to Prevent Gun Violence; National Rifle Association of America

Opposition: None known

Assembly Floor Vote: 77-0

PURPOSE

The purpose of this legislation is to: (1) allow a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition; and, (2) provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

Existing law permits persons who are subject to domestic violence restraining orders to surrender their weapons to licensed firearms dealers for storage during the period they are not permitted to possess firearms. (Penal Code § 29830.)

Existing law states that the provisions of law establishing gun violence restraining orders shall take effect on January 1, 2016. (Penal Code § 18122.)

Existing law requires, upon issuance of a gun violence restraining order, the court to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns. (Penal Code § 18120(b)(1).)

Existing law allows an immediate family member of a person or a law enforcement officer to file a petition requesting that the court issue an ex parte gun violence restraining order, that expires no later than 21 days from the date of the order, enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (Penal Code §§ 18150 and 18155(c).)

Existing law states that the court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce, or in lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath. (Penal Code § 18155(a).)

Existing law requires a showing that the subject of the petition poses a significant danger, in the near future, of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering specified factors and that less restrictive alternative have been ineffective, or are inappropriate for the situation, before an ex parte gun violence restraining order may be issued. (Penal Code § 18150(b).)

Existing law specifies in determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:

• A recent threat of violence or act of violence by the subject of the petition directed toward another;
  
  

• A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself;
  
  

• A violation of an emergency protective order that is in effect at the time the court is considering the petition;
  
  

• A recent violation of an unexpired protective order;
  
  

• A conviction for any specified offense resulting in firearm possession restrictions; or,
  
  

• A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another.

(Penal Code § 18155(b)(1).)

Existing law states that an ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or any person who is at least 18 years of age and not a party to the action, if the restrained person can reasonably be located. When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing that will be scheduled to determine whether to issue a gun violence restraining order. (Penal Code § 18160(b).)

Existing law requires, within 21 days from the date an ex parte gun violence restraining order was issued, before the court that issued the order or another court in the same jurisdiction, the court to hold a hearing to determine if a gun violence restraining order should be issued. (Penal Code § 18160(c).)

Existing law allows an immediate family member of a person or a law enforcement officer to request a court, after notice and a hearing, to issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. (Penal Code § 18170.)

Existing law states at the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:

• The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and,
  
  

• A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances. (Penal Code § 18175(b).)

Existing law provides if the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect. (Penal Code § 18175(c).)

Existing law requires the court to inform the restrained person that he or she is entitled to one hearing to request a termination of the gun violence restraining order and provide the restrained person with a form to request a hearing. (Penal Code § 18180(b).)

Existing law states that it is a misdemeanor offense for every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass. (Penal Code § 18200.)

Existing law provides that it is a misdemeanor offense for every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and he or she shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (Penal Code § 18205.)

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer.

This bill would provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.” ( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for Legislation

According to the author:

The recently enacted gun violence restraining order law, AB 1014 (Skinner) (Ch. 872, Stats. of 2014) requires a person subject to a gun violence restraining order to either sell their firearms or surrender them to law enforcement.

Prior to AB 1014, AB 539 (Pan) (Ch. 739, Stats. of 2013) created a process, in addition to surrendering or selling the firearms, whereby a person who is prohibited from owning or possessing firearms, may transfer

their firearms to a federal firearm (FFL) dealer during the duration of the restraining order.

The 2014 gun violence restraining order law took precedent over the 2013 statutes. That means the option to transfer (not sell or surrender) firearms to a registered FFL dealer has been eliminated.

AB 950 would give a person subject to a gun violence restraining order the option of transferring their firearms and ammunition to a federally licenses firearms dealer to hold for the duration of the order.

The option to transfer the firearms only applies when the peace officer does not immediately request the surrender of all firearms and ammunition.

Since the gun violence restraining order provisions also apply to ammunition, this proposal would expand the 2013 statutes to also authorize the transfer of ammunition to an FFL dealer.

2. Effect of Legislation

AB 1014 (Skinner), Chapter 872, Statutes of 2014, enacted a gun violence restraining order law in California to address concerns related to mental health and firearms possession after the Isla Vista shooting in Santa Barbara. Under the provisions of AB 1014, persons subject to gun violence restraining orders are required to either sell their weapons or surrender those firearms to law enforcement. This bill seeks to provide an option that is available for persons who are subject to domestic violence restraining orders. That option was put into place by AB 539 (Pan), Chapter 739, Statutes of 2013, which created a process whereby persons subject to a domestic violence restraining order could transfer their firearms to a federally licensed firearms dealer for the duration of the restraining order. This bill would provide that same remedy for persons subject to a gun violence restraining order. By enacting this bill, the original intent of AB 1014 is preserved, while the property interests of persons subject to restraint through a GVRO are also maintained.

3. Argument in Support

According to the California Chapters of the Brady Campaign to Prevent Gun Violence:

In 2014, the Brady Campaign was instrumental in the passage of AB 1014 (Skinner), which we believe, when implemented in 2016, will save numerous lives. The California Brady Campaign Chapters support AB 950 by Assembly Member Melissa Melendez, as the bill will facilitate the implementation of this important new law.

AB 1014 allows an immediate family member or a law enforcement officer to request a court to issue a Gun Violence Restraining Order (GVRO) to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another. Existing law requires a person who is subject to such a restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

This bill would allow a person who is subject to a GVRO to transfer his or her firearms and/or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

AB 950 is essentially similar to AB 539 (2013) by Dr. Richard Pan and, in fact, Senator Pan is principle coauthor of this bill. Like AB 539, this bill presents a reasonable alternative for temporarily removing firearms, particularly in volatile situations. We believe that it would enhance public safety as people may be more likely to surrender their firearms and ammunition if they believe that there is a reasonable chance that they can get them back upon the termination of the prohibition.

-- END –

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 950

Author:(Melendez) – As Introduced Ver:February 26, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill allows a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. 

FISCAL EFFECT:

Potential minor state reimbursable mandated costs, less than $20,000, if the cost to a law enforcement agency exceeds $1,000 in a year in those cases where an eligible person requests the firearm or ammunition be transferred to a licensed firearms dealer. This is not expected to be a common occurrence.

COMMENTS:

1. Purpose/Background. According to the author, "This measure will ensure the safety of the public without unnecessarily infringing upon the rights of individuals. It will reinstate passed statutes set by AB 539 in 2013 which created a process to provide an individual who is prohibited from owning or possessing firearms, due to a gun violence restraining order (GVRO), the ability to transfer their firearms to a federal firearm licensed (FFL) dealer for the duration of the restraining order. Gun violence restraining orders are extremely serious and reflect the gravity of the situation. As long as the firearm and ammunition is not in the possession of the individual and is not accessible, the intent of the GVRO is being carried out."

2. Argument in Support: According to The California Chapters of the Brady Campaign to Prevent Gun Violence, "In 2014, the Brady Campaign was instrumental in the passage of AB 1014 (Skinner), which we believe, when implemented in 2016, will save numerous lives. The California Brady Campaign Chapters support AB 950 by Assembly Member Melissa Melendez, as the bill will facilitate the implementation of this important new law."

3. Related Legislation: AB 225 (Melendez), makes it felony perjury punishable by two, three, or four years to make a false statement on a petition for the issuance of a gun violence restraining order. AB 225 failed passage in the Assembly Committee on Public Safety and has been granted reconsideration.

4. Prior Legislation: AB 539 (Pan), Chapter 739, Statutes of 2013, created a process whereby persons subject to a domestic violence restraining order could transfer their firearms to a federally-licensed firearms dealer for the duration of the restraining order.
   
   

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: April 14, 2015

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 950

Author:(Melendez) – As Introduced Ver:February 26, 2015

SUMMARY:

Allows a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. 

EXISTING LAW:

1. Permits persons who are subject to domestic violence restraining orders to surrender their weapons to licensed firearms dealers for storage during the period they are not permitted to possess firearms. (Pen. Code, § 29380.)
   
   

2. States that the provisions of law establishing gun violence restraining orders shall take effect on January 1, 2016. (Pen. Code, § 18122.)
   
   

3. Requires, upon issuance of a gun violence restraining order, the court to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns. (Pen. Code, § 18120, subd. (b)(1).)
   
   

4. Allows an immediate family member of a person or a law enforcement officer to file a petition requesting that the court issue an ex parte gun violence restraining order, that expires no later than 21 days from the date of the order, enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (Pen. Code, §§ 18150 and 18155, subd. (c).)
   
   

5. States that the court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce, or in lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath. (Pen. Code, § 18155, subd. (a).)
   
   

6. Requires a showing that the subject of the petition poses a significant danger, in the near future, of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering specified factors and that less restrictive alternative have been ineffective, or are inappropriate for the situation, before an ex parte gun violence restraining order may be issued. (Pen. Code, § 18150, subd. (b).)
   
   

7. Specifies in determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
   
   

   1. A recent threat of violence or act of violence by the subject of the petition directed toward another;
      
      

   2. A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself;
      
      

   3. A violation of an emergency protective order that is in effect at the time the court is considering the petition;
      
      

   4. A recent violation of an unexpired protective order;
      
      

   5. A conviction for any specified offense resulting in firearm possession restrictions; or,
      
      

   6. A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another. (Pen. Code, § 18155, subd. (b)(1).)
      
      

8. States that an ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or any person who is at least 18 years of age and not a party to the action, if the restrained person can reasonably be located. When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing that will be scheduled to determine whether to issue a gun violence restraining order. (Pen. Code, § 18160, subd. (b).)
   
   

9. Requires, within 21 days from the date an ex parte gun violence restraining order was issued, before the court that issued the order or another court in the same jurisdiction, the court to hold a hearing to determine if a gun violence restraining order should be issued. (Pen. Code, § 18160, subd. (c).)
   
   

10. Allows an immediate family member of a person or a law enforcement officer to request a court, after notice and a hearing, to issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. (Pen. Code, § 18170.)
    
    

11. States at the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:
    
    

    1. The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and,
       
       

    2. A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances. (Pen. Code, § 18175, subd. (b).)

12. Provides if the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect. (Pen. Code, § 18175, subd. (c).)
    
    

13. Requires the court to inform the restrained person that he or she is entitled to one hearing to request a termination of the gun violence restraining order and provide the restrained person with a form to request a hearing. (Pen. Code, § 18180, subd. (b).)
    
    

14. States that it is a misdemeanor offense for every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass. (Pen. Code, § 18200.)
    
    

15. Provides that it is a misdemeanor offense for every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and he or she shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (Pen. Code, § 18205.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "This measure will ensure the safety of the public without unnecessarily infringing upon the rights of individuals. It will reinstate passed statutes set by AB 539 in 2013 which created a process to provide an individual who is prohibited from owning or possessing firearms, due to a gun violence restraining order (GVRO), the ability to transfer their firearms to a federal firearm licensed (FFL) dealer for the duration of the restraining order. Gun violence restraining orders are extremely serious and reflect the gravity of the situation. As long as the firearm and ammunition is not in the possession of the individual and is not accessible, the intent of the GVRO is being carried out."
   
   

2. Provides an Option of Storage of Firearms with Licensed Dealers: AB 1014 (Skinner), Chapter 872, Statutes of 2014, enacted a novel gun violence restraining order law in California to address concerns related to mental health and firearms possession after the Isla Vista shooting in Santa Barbara. Under the provisions of AB 1014, persons subject to gun violence restraining orders are required to either sell their weapons or surrender those firearms to law enforcement. This bill seeks to provide an option that is available for persons who are subject to domestic violence restraining orders. That option was put into place by AB 539 (Pan), Chapter 739, Statutes of 2013, which created a process whereby persons subject to a domestic violence restraining order could transfer their firearms to a federally licensed firearms dealer for the duration of the restraining order. This bill would provide that same remedy for persons subject to a gun violence restraining order. By enacting this bill, the original intent of AB 1014 is preserved, while the property interests of persons subject to restraint through a GVRO are also maintained.

3. Argument in Support: According to The California Chapters of the Brady Campaign to Prevent Gun Violence, "In 2014, the Brady Campaign was instrumental in the passage of AB 1014 (Skinner), which we believe, when implemented in 2016, will save numerous lives. The California Brady Campaign Chapters support AB 950 by Assembly Member Melissa Melendez, as the bill will facilitate the implementation of this important new law.

"AB 1014 allows an immediate family member or a law enforcement officer to request a court to issue a Gun Violence Restraining Order (GVRO) to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another. Existing law requires a person who is subject to such a restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

"This bill would allow a person who is subject to a GVRO to transfer his or her firearms and/or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.

"AB 950 is essentially similar to AB 539 (2013) by Dr. Richard Pan and, in fact, Senator Pan is principle coauthor of this bill. Like AB 539, this bill presents a reasonable alternative for temporarily removing firearms, particularly in volatile situations. We believe that it would enhance public safety as people may be more likely to surrender their firearms and ammunition if they believe that there is a reasonable chance that they can get them back upon the termination of the prohibition. "

4. Related Legislation: AB 225 (Melendez), makes it felony perjury punishable by two, three, or four years to make a false statement on a petition for the issuance of a gun violence restraining order. AB 225 failed passage in the Assembly Committee on Public Safety and has been granted reconsideration.

5. Prior Legislation: AB 539 (Pan), Chapter 739, Statutes of 2013, created a process whereby persons subject to a domestic violence restraining order could transfer their firearms to a federally licensed firearms dealer for the duration of the restraining order.
   
   

REGISTERED SUPPORT / OPPOSITION:

Support

California Chapters of the Brady Campaign to Prevent Gun Violence

California Rifle and Pistol Association

Law Center to Prevent Gun Violence

Opposition

None

Analysis Prepared by:

Gabriel Caswell / PUB. S. / (916) 319-3744