SB 1200: Firearms: gun violence restraining orders.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-28
(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.
This bill would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.
This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.
This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control.
(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.
This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.
This bill would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.
This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.
This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control.
(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.
This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.
This bill would expand the definition of a firearm for these purposes to include firearms parts and components, which the bill would further define as unfinished frames or receivers that are clearly designed and intended to be used to assemble a firearm, and would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.
This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.
This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, firearm parts or components, ammunition, or magazines in his or her possession or under his or her custody or control.
(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.
This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.
This bill would expand the definition of a firearm for these purposes to include firearms parts and components, which the bill would further define as unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon, unfinished frames or receivers that are clearly designed and intended to be used to assemble a firearm, and would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.
This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.
This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, firearm parts or components, ammunition, or magazines in his or her possession or under his or her custody or control.
(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.
This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
(1)Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose.
This bill would expand the definition of a firearm for these purposes to include firearms parts and components, which the bill would further define as unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon, and would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order.
This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
(2)Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered.
This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, firearm parts or components, ammunition, or magazines in his or her possession or under his or her custody or control.
(3)Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued.
This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
(4)Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
Existing law generally regulates the sale, manufacture, and possession of firearms.This bill would express the intent of the Legislature to enact legislation that relates to firearms.Existing law generally regulates the sale, manufacture, and possession of firearms.
This bill would express the intent of the Legislature to enact legislation that relates to firearms.
(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 2.Section 11106 of the Penal Code is amended to read:11106.(a)(1)In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A)All copies of fingerprints.
(B)Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C)Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 27875, 27920, 29180, or 29830.
(D)Dealers Records of Sales of firearms.
(E)Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F)Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G)Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers records of sales of firearms.
(H)Information provided pursuant to Section 28255.
(I)Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2)The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b)(1)The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D)Any provision listed in subdivision (a) of Section 16585.
(E)Former Section 12084.
(F)Section 28255.
(G)Section 29180.
(H)Any other law.
(2)The registry shall consist of all of the following:
(A)The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B)The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C)Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D)The manufacturers name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3)Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4)If any person is listed in the registry as the owner of a firearm through a Dealers Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the records existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c)(1)If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearms sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A)Section 26225, 27875, or 27920.
(B)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E)Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F)Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G)Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H)Any provision listed in subdivision (a) of Section 16585.
(2)Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A)The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B)The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C)Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a Victims of Domestic Violence card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3)The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
SEC. 3.Section 18100 of the Penal Code is amended to read:18100.(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.
(b)For purposes of this chapter, the term ammunition includes a magazine as defined in Section 16890.
SEC. 4.Section 18105 of the Penal Code is amended to read:18105.The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.
SEC. 5.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).
(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
(c)(1)Except as provided in paragraph (2), 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.
(d)If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e)Within one business day of receiving the receipt referred to in paragraph (2) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
SEC. 6.Section 18121 is added to the Penal Code, to read:18121.There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
SEC. 7.Section 18125 of the Penal Code is amended to read:18125.(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit 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, and shall expire 21 days from the date the order is issued.
SEC. 8.Section 18135 of the Penal Code is amended to read:18135.(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 9.Section 18148 is added to the Penal Code, to read:18148.Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
SEC. 10.Section 18160 of the Penal Code is amended to read:18160.(a)An ex parte gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court in which any responsive pleading should be filed.
(4)The date and time of the scheduled hearing.
(5)The following statement:
To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)(1)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, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
(2)When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.
(3)When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 11.Section 18180 of the Penal Code is amended to read:18180.(a)A gun violence restraining order issued pursuant to this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request one hearing to terminate this order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order.
(b)When the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that he or she is entitled to one hearing to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.
(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 2.Section 11106 of the Penal Code is amended to read:11106.(a)(1)In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A)All copies of fingerprints.
(B)Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C)Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 27875, 27920, 29180, or 29830.
(D)Dealers Records of Sales of firearms.
(E)Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F)Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G)Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers records of sales of firearms.
(H)Information provided pursuant to Section 28255.
(I)Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2)The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b)(1)The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D)Any provision listed in subdivision (a) of Section 16585.
(E)Former Section 12084.
(F)Section 28255.
(G)Section 29180.
(H)Any other law.
(2)The registry shall consist of all of the following:
(A)The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B)The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C)Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D)The manufacturers name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3)Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4)If any person is listed in the registry as the owner of a firearm through a Dealers Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the records existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c)(1)If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearms sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A)Section 26225, 27875, or 27920.
(B)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E)Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F)Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G)Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H)Any provision listed in subdivision (a) of Section 16585.
(2)Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A)The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B)The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C)Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a Victims of Domestic Violence card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3)The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
SEC. 3.Section 18100 of the Penal Code is amended to read:18100.(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.
(b)For purposes of this chapter, the term ammunition includes a magazine as defined in Section 16890.
SEC. 4.Section 18105 of the Penal Code is amended to read:18105.The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.
SEC. 5.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).
(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
(c)(1)Except as provided in paragraph (2), 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.
(d)If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e)Within one business day of receiving the receipt referred to in paragraph (2) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
SEC. 6.Section 18121 is added to the Penal Code, to read:18121.There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
SEC. 7.Section 18125 of the Penal Code is amended to read:18125.(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit 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, and shall expire 21 days from the date the order is issued.
SEC. 8.Section 18135 of the Penal Code is amended to read:18135.(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 9.Section 18148 is added to the Penal Code, to read:18148.Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
SEC. 10.Section 18160 of the Penal Code is amended to read:18160.(a)An ex parte gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court in which any responsive pleading should be filed.
(4)The date and time of the scheduled hearing.
(5)The following statement:
To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive any firearm, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)(1)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, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
(2)When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.
(3)When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 11.Section 18180 of the Penal Code is amended to read:18180.(a)A gun violence restraining order issued pursuant to this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request one hearing to terminate this order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order.
(b)When the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that he or she is entitled to one hearing to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.
(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 2.Section 11106 of the Penal Code is amended to read:11106.(a)(1)In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A)All copies of fingerprints.
(B)Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C)Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 27875, 27920, 29180, or 29830.
(D)Dealers Records of Sales of firearms.
(E)Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F)Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G)Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers records of sales of firearms.
(H)Information provided pursuant to Section 28255.
(I)Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2)The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b)(1)The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D)Any provision listed in subdivision (a) of Section 16585.
(E)Former Section 12084.
(F)Section 28255.
(G)Section 29180.
(H)Any other law.
(2)The registry shall consist of all of the following:
(A)The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B)The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C)Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D)The manufacturers name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3)Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4)If any person is listed in the registry as the owner of a firearm through a Dealers Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the records existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c)(1)If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearms sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A)Section 26225, 27875, or 27920.
(B)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E)Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F)Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G)Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H)Any provision listed in subdivision (a) of Section 16585.
(2)Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A)The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B)The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C)Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a Victims of Domestic Violence card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3)The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
SEC. 3.Section 18100 of the Penal Code is amended to read:18100.(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as defined in subdivisions (b) and (c). ammunition. This division establishes a civil restraining order process to accomplish that purpose.
(b)For purposes of this chapter, the term firearm includes firearm parts or components. For purposes of this chapter firearm parts or components means unfinished frames or receivers that are clearly designed and intended to be used to assemble a firearm.(c)(b)For purposes of this chapter, the term ammunition includes a magazine as defined in Section 16890.
SEC. 4.Section 18105 of the Penal Code is amended to read:18105.The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.
SEC. 5.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).
(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
(c)(1)Except as provided in paragraph (2), 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.
(d)If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e)Within one business day of receiving the receipt referred to in paragraph (2) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
SEC. 6.Section 18121 is added to the Penal Code, to read:18121.There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
SEC. 7.Section 18125 of the Penal Code is amended to read:18125.(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit 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, and shall expire 21 days from the date the order is issued.
SEC. 8.Section 18135 of the Penal Code is amended to read:18135.(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a any firearm, firearm part or component, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 9.Section 18148 is added to the Penal Code, to read:18148.Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
SEC. 10.Section 18160 of the Penal Code is amended to read:18160.(a)An ex parte gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court in which any responsive pleading should be filed.
(4)The date and time of the scheduled hearing.
(5)The following statement:
To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a any firearm, firearm part or component, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)(1)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, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
(2)When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.
(3)When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 11.Section 18180 of the Penal Code is amended to read:18180.(a)A gun violence restraining order issued pursuant to this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, firearm part or component, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request one hearing to terminate this order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order.
(b)When the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that he or she is entitled to one hearing to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.
(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 2.Section 11106 of the Penal Code is amended to read:11106.(a)(1)In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A)All copies of fingerprints.
(B)Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C)Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 27875, 27920, 29180, or 29830.
(D)Dealers Records of Sales of firearms.
(E)Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F)Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G)Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers records of sales of firearms.
(H)Information provided pursuant to Section 28255.
(I)Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2)The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b)(1)The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D)Any provision listed in subdivision (a) of Section 16585.
(E)Former Section 12084.
(F)Section 28255.
(G)Section 29180.
(H)Any other law.
(2)The registry shall consist of all of the following:
(A)The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B)The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C)Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D)The manufacturers name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3)Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4)If any person is listed in the registry as the owner of a firearm through a Dealers Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the records existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c)(1)If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearms sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A)Section 26225, 27875, or 27920.
(B)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E)Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F)Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G)Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H)Any provision listed in subdivision (a) of Section 16585.
(2)Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A)The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Prevention Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B)The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C)Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a Victims of Domestic Violence card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3)The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
SEC. 3.Section 18100 of the Penal Code is amended to read:18100.(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as defined in subdivisions (b) and (c). This division establishes a civil restraining order process to accomplish that purpose.
(b)For purposes of this chapter, the term firearm includes firearm parts or components. For purposes of this chapter firearm parts or components means unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon. unfinished frames or receivers that are clearly designed and intended to be used to assemble a firearm.
(c)For purposes of this chapter, the term ammunition includes a magazine as defined in Section 16890.
SEC. 4.Section 18105 of the Penal Code is amended to read:18105.The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.
SEC. 5.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).
(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
(c)(1)Except as provided in paragraph (2), 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.
(d)If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e)Within one business day of receiving the receipt referred to in paragraph (2) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
SEC. 6.Section 18121 is added to the Penal Code, to read:18121.There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
SEC. 7.Section 18125 of the Penal Code is amended to read:18125.(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit 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, and shall expire 21 days from the date the order is issued.
SEC. 8.Section 18135 of the Penal Code is amended to read:18135.(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms, firearm parts and magazine, components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, firearm part or component, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 9.Section 18148 is added to the Penal Code, to read:18148.Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
SEC. 10.Section 18160 of the Penal Code is amended to read:18160.(a)An ex parte gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court in which any responsive pleading should be filed.
(4)The date and time of the scheduled hearing.
(5)The following statement:
To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, firearm part or component, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)(1)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, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
(2)When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.
(3)When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 11.Section 18180 of the Penal Code is amended to read:18180.(a)A gun violence restraining order issued pursuant to this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm, firearm part or component, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request one hearing to terminate this order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order.
(b)When the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that he or she is entitled to one hearing to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.
(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.63, 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 2.Section 11106 of the Penal Code is amended to read:11106.(a)(1)In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A)All copies of fingerprints.
(B)Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C)Information reported to the Department of Justice pursuant to subdivision (e) of Section 18120, Section 26225, 27875, 27920, 29180, or 29830.
(D)Dealers Records of Sales of firearms.
(E)Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F)Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G)Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers records of sales of firearms.
(H)Information provided pursuant to Section 28255.
(I)Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(2)The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b)(1)The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D)Any provision listed in subdivision (a) of Section 16585.
(E)Former Section 12084.
(F)Section 28255.
(G)Section 29180.
(H)Any other law.
(2)The registry shall consist of all of the following:
(A)The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 29180, or any other law.
(B)The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C)Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D)The manufacturers name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3)Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4)If any person is listed in the registry as the owner of a firearm through a Dealers Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the records existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c)(1)If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearms sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A)Section 26225, 27875, or 27920.
(B)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C)Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D)Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(E)Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F)Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G)Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H)Any provision listed in subdivision (a) of Section 16585.
(2)Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A)The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B)The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C)Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a Victims of Domestic Violence card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3)The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
SEC. 3.Section 18100 of the Penal Code is amended to read:18100.(a)A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. ammunition, as defined in subdivisions (b) and (c). This division establishes a civil restraining order process to accomplish that purpose.
(b)For purposes of this chapter, the term firearm includes firearm parts or components. For purposes of this chapter firearm parts or components means unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon.
(c)For purposes of this chapter, the term ammunition includes a magazine as defined in Section 16890.
SEC. 4.Section 18105 of the Penal Code is amended to read:18105.The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division. These forms, orders, and documents shall refer to any order issued pursuant to this chapter as a gun violence restraining order.
SEC. 5.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or which the restrained person possesses or owns pursuant to paragraph (2).
(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of any law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses any firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. Alternatively, if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
(c)(1)Except as provided in paragraph (2), 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.
(d)If a person other than the restrained person claims title to any firearms or ammunition surrendered pursuant to this section, and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to him or her pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e)Within one business day of receiving the receipt referred to in paragraph (2) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
SEC. 6.Section 18121 is added to the Penal Code, to read:18121.There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order or other order authorized by this division if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
SEC. 7.Section 18125 of the Penal Code is amended to read:18125.(a)A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1)The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. firearm or ammunition.
(2)A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b)A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit 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, and shall expire 21 days from the date the order is issued.
SEC. 8.Section 18135 of the Penal Code is amended to read:18135.(a)A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
(a)(1)A statement of the grounds supporting the issuance of the order.
(b)(2)The date and time the order expires.
(c)(3)The address of the superior court for the county in which the restrained party resides.
(d)(4)The following statement:
To the restrained person: This order will last until the date and time noted above. You are required to surrender all firearms and ammunition firearms, firearm parts and magazine, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm or ammunition, firearm, firearm part or component, ammunition, or magazine while this order is in effect. However, a more permanent gun violence restraining order may be obtained from the court. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)When serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 9.Section 18148 is added to the Penal Code, to read:18148.
Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
SEC. 10.Section 18160 of the Penal Code is amended to read:18160.(a)An ex parte gun violence restraining order issued under this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court in which any responsive pleading should be filed.
(4)The date and time of the scheduled hearing.
(5)The following statement:
To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms and ammunition firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm or ammunition, firearm, firearm part or component, ammunition, or magazine while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.
(b)(1)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, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
(2)When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing scheduled pursuant to Section 18165.
(3)When serving a gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
SEC. 11.Section 18180 of the Penal Code is amended to read:18180.(a)A gun violence restraining order issued pursuant to this chapter shall include all of the following:
(1)A statement of the grounds supporting the issuance of the order.
(2)The date and time the order expires.
(3)The address of the superior court for the county in which the restrained party resides.
(4)The following statement:
To the restrained person: This order will last until the date and time noted above. If you have not done so already, you must surrender all firearms and ammunition firearms, firearm parts and components, ammunition, and magazines that you own or possess in accordance with Section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm or ammunition, firearm, firearm part or component, ammunition, or magazine, while this order is in effect. Pursuant to Section 18185, you have the right to request one hearing to terminate this order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order.
(b)When the court issues a gun violence restraining order under this chapter, the court shall inform the restrained person that he or she is entitled to one hearing to request a termination of the order, pursuant to Section 18185, and shall provide the restrained person with a form to request a hearing.
SECTION 1.It is the intent of the Legislature to enact legislation that relates to firearms.It is the intent of the Legislature to enact legislation that relates to firearms.
|
Date
|
Status
|
|---|---|
| Sep 28, 2018 | Chaptered by Secretary of State. Chapter 898, Statutes of 2018. |
| Sep 28, 2018 | Approved by the Governor. |
| Sep 12, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 22. Noes 5.) Ordered to engrossing and enrolling. |
| Aug 31, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 20, 2018 | Read third time and amended. |
| Aug 9, 2018 | Read second time. Ordered to third reading. |
| Aug 8, 2018 | From committee: Do pass. (Ayes 12. Noes 5.) (August 8). |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 19). Re-referred to Com. on APPR. |
| Jun 4, 2018 | Referred to Com. on PUB. S. |
| May 29, 2018 | In Assembly. Read first time. Held at Desk. |
| May 29, 2018 | Read third time. Passed. (Ayes 29. Noes 8.) Ordered to the Assembly. |
| May 25, 2018 | From committee: Do pass. (Ayes 5. Noes 1.) (May 25). |
| May 18, 2018 | Set for hearing May 25. |
| Apr 30, 2018 | April 30 hearing: Placed on APPR. suspense file. |
| Apr 20, 2018 | Set for hearing April 30. |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 17). Re-referred to Com. on APPR. |
| Apr 5, 2018 | Set for hearing April 17. |
| Apr 4, 2018 | Re-referred to Com. on PUB. S. |
| Mar 21, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 1, 2018 | Referred to Com. on RLS. |
| Feb 16, 2018 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | SB 1200 Skinner Senate Third Reading By GIPSON | Assembly Floor |
Passed |
|
| Aug 31, 2018 | Unfinished Business SB1200 Skinner Concurrence | Senate Floor |
Passed |
|
| Aug 8, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB1200 Skinner | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 18 21:02:12 | ** Against | Aug 31, 2018 |
| Bay Area Student Activists | ** Support | Jun 18, 2018 |
| California Chapters of The Brady Campaign to Prevent Gun Violence | * Support | Aug 8, 2018 |
| California Public Health Association-North | ** Support | Jun 18, 2018 |
| Drain The Nra | ** Support | Aug 31, 2018 |
| Firearms Policy Coalition | ** Against | Aug 31, 2018 |
| Firearms Policy Coaltion; National Shooting Sports Foundation, Inc. | ** Against | Apr 16, 2018 |
| Giffords Law Center To Prevent Gun Violence | ** Support | Aug 31, 2018 |
| National Shooting Sports Foundation, Inc. | ** Against | Aug 31, 2018 |
| Prepared By: Mary Kennedy | ** Against | Aug 31, 2018 |
| PUB. S. | ** Against | Aug 31, 2018 |
| PURPOSE | ** Against | Apr 16, 2018 |
| San Francisco Bay Area Physicians for Social Responsibility | ** Support | Aug 31, 2018 |
| Violence Prevention Coalition of Greater Los Angeles | ** Support | Aug 31, 2018 |
| Violence Prevention Coalition of Orange County | ** Support | Aug 31, 2018 |
| Women Against Gun Violence | ** Support | Aug 31, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1200
:
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/17/18
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Nielsen
NO VOTE RECORDED: Bates
SENATE FLOOR: 30-8, 5/29/18
AYES: Allen, Atkins, Beall, Bradford, Cannella, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener, Wilk
NOES: Anderson, Bates, Fuller, Gaines, Morrell, Nielsen, Stone, Vidak
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: Not available
SOURCE: Brady Campaign to Prevent Gun Violence – California Chapters
Giffords Law Center to Prevent Gun Violence
DIGEST:
This bill makes various changes to existing laws related to gun violence restraining orders (GVROs).
Assembly Amendments
delete an expansion of the definition of firearm.
Existing law:
- Defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition." (Pen. Code, § 18100.)
- Requires the court to notify the Department of Justice (DOJ) when a GVRO is issued, renewed, dissolved, or terminated. (Pen. Code, § 18115.)
- Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect. (Pen. Code, § 18120, subd. (a).)
- Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. (Pen. Code, § 18120, subd. (b)(1).)
- States that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer. (Pen. Code, § 18120, subd. (b)(2).)
- Requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and,
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. (Id.)
- Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and,
- The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances. (Pen. Code, § 18125, subd. (a).)
- States that a temporary GVRO shall expire 21 days from the date the order is issued. (Pen. Code, § 18125, subd. (b).)
- Allows an immediate family member, as defined, or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18150, subd. (a)(1).)
- Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors. (Pen. Code, §§ 18150, subd. (b) & 18155.)
- Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing. (Pen. Code, § 18160.)
- Allows the restrained person who owns a firearm or ammunition that is in the custody of a law enforcement agency pursuant to this subdivision, if the firearm is an otherwise legal firearm, and the restrained person otherwise has right to title of the firearm, to sell or transfer title of the firearm to a licensed dealer. (Pen. Code, § 18120, subd. (c)(2).)
- Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. (Pen. Code, § 18165.)
- Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18170.)
- States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. (Pen. Code, § 18175, subd. (b).)
- Allows a restrained person to file one written request for a hearing to terminate the order. (Pen. Code, §18185.)
- Allows a request for renewal of a GVRO. (Pen. Code, § 18190.)
- States that every person who files a petition for an ex parte GVRO or a GVRO issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
- States that every person who violates an ex parte GVRO or a GVRO issued after notice and a hearing, is guilty of a misdemeanor and shall be prohibited from having under his or her custody and 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.)
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter. (Gov. Code, § 6103.2.)
This bill:
- States that for purposes of the GVRO law, "ammunition" includes a "magazine," as defined in existing law.
- Makes conforming changes to the notice required to be given to the subject of a GVRO.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency, or sold, or transferred to a licensed firearms dealer, to transmit a copy of the receipt to DOJ in a manner and pursuant to a process prescribed by DOJ.
- Requires an officer serving a GVRO to verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
- Requires the court to hold a hearing within 21 days after the date of the issuance of a temporary GVRO to determine if a one-year GVRO should be issued.
- Exempts any orders or injunctions related to GVROs from the requirement for prepayment of a fee deposit generally authorized in connection with service of process of notices for certain types of cases.
- Provides that there is no filing fee for an application, a responsive pleading, or an order to show cause which seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a GRVO. There is also no fee for a subpoena filed in connection with such application, responsive pleading, or order to show cause.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Minor costs for DOJ to track additional GVROs.
- Minor potential revenue loss from the elimination of the filing fee.
Brady Campaign to Prevent Gun Violence – California Chapters (co-source)
Giffords Law Center to Prevent Gun Violence (co-source)
Drain the NRA
San Francisco Bay Area Physicians for Social Responsibility
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
One individual
OPPOSITION: (Verified 8/27/18)
Firearms Policy Coalition
National Shooting Sports Foundation, Inc.
8/31/18 21:02:12
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1200
Author:(Skinner)
As Amended Ver:August 20, 2018
Majority vote
SENATE VOTE: 30-8
Committee | Votes | Ayes | Noes |
Public Safety | 6-1 | Jones-Sawyer, Lackey, Carrillo, Kamlager-Dove, Quirk, Santiago | Kiley |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Makes various changes to existing laws related to gun violence restraining orders (GVROs). Specifically, this bill:
- States that for purposes of the GVRO law, "ammunition" includes a "magazine," as defined in existing law.
- Makes conforming changes to the notice required to be given to the subject of a GVRO.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency, or sold, or transferred to a licensed firearms dealer, to transmit a copy of the receipt to Department of Justice (DOJ) in a manner and pursuant to a process prescribed by DOJ.
- Requires an officer serving a GVRO to verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
- Requires the court to hold a hearing within 21 days after the date of the issuance of a temporary GVRO to determine if a one-year GVRO should be issued.
- Exempts any orders or injunctions related to GVROs from the requirement for prepayment of a fee deposit generally authorized in connection with service of process of notices for certain types of cases.
- Provides that there is no filing fee for an application, a responsive pleading, or an order to show cause which seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a GRVO. There is also no fee for a subpoena filed in connection with such application, responsive pleading, or order to show cause.
EXISTING LAW:
- Defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition."
- Requires the court to notify the DOJ when a GVRO is issued, renewed, dissolved, or terminated.
- Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect.
- Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control.
- States that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer.
- Requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm, or firearms, or ammunition, or both, at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
- Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and
- The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances.
- States that a temporary GVRO shall expire 21 days from the date the order is issued.
- Allows an immediate family member, as defined, or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition.
- Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors.
- Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing.
- Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order.
- Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition.
- States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm.
- Allows a restrained person to file one written request for a hearing to terminate the order.
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor costs for DOJ to track additional GVROs.
- Minor potential revenue loss from the elimination of the filing fee.
COMMENTS: According to the author, ''Those closest to a person are often the first to notice an escalation in disturbing behavior along with threats to act violently. When someone is in such a crisis access to guns is a lethal combination. Yet until recently, California had few legal options for a family member or roommate to have guns temporarily removed from their loved ones.
''In 2014, AB 1014 (Skinner) established California's GVRO as a tool family members could use to disarm loved ones who were threatening violence or self-harm. Washington and Oregon have now also passed laws based on AB 1014 which those states have named 'Extreme Risk Prevention Orders.'
''Since AB 1014 went into effect in January 2015, California has issued approximately 200 GVRO's. During this initial phase, a number of issues have come to light that if addressed would greatly improve the effectiveness of this tool.
''First, petitioners trying to obtain a GVRO often must pay filing and service fees. Facing such fees can prevent a family member from pursuing the GVRO. Secondly, magazines and other firearm components that also pose a threat were not included in the original bill. Thirdly, when a person is served an emergency GVRO, the original bill did not include an automatic hearing date within the initial 21 day period to determine if the GVRO was issued appropriately and if it should be extended for a full-year. Finally, the original bill language did not require law enforcement to verbally ask the person served with a GVRO if the person has relinquished all guns and firearm components in their possession.
''SB 1200 addresses these issues to strengthen the effectiveness, and efficiency of California's GVRO system.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0004203
SENATE THIRD READING
STR Bill Id:SB 1200
Author:(Skinner)
As Amended Ver:August 6, 2018
Majority vote
SENATE VOTE: 30-8
Committee | Votes | Ayes | Noes |
Public Safety | 6-1 | Jones-Sawyer, Lackey, Carrillo, Kamlager-Dove, Quirk, Santiago | Kiley |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Makes various changes to existing laws related to gun violence restraining orders (GVROs). Specifically, this bill:
- States that for purposes of the GVRO law, a "firearm" include firearm parts or components, and defines these terms to mean unfinished frames or receivers that are clearly designed and intent to be used to assemble a firearm.
- States that for purposes of the GVRO law, "ammunition" includes a "magazine," as defined in existing law.
- Makes conforming changes to the notice required to be given to the subject of a GVRO.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency, or sold, or transferred to a licensed firearms dealer, to transmit a copy of the receipt to Department of Justice (DOJ) in a manner and pursuant to a process prescribed by DOJ.
- Requires an officer serving a GVRO to verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
- Requires the court to hold a hearing within 21 days after the date of the issuance of a temporary GVRO to determine if a one-year GVRO should be issued.
- Exempts any orders or injunctions related to GVROs from the requirement for prepayment of a fee deposit generally authorized in connection with service of process of notices for certain types of cases.
- Provides that there is no filing fee for an application, a responsive pleading, or an order to show cause which seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a GRVO. There is also no fee for a subpoena filed in connection with such application, responsive pleading, or order to show cause.
EXISTING LAW:
- Defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition."
- Requires the court to notify the DOJ when a GVRO is issued, renewed, dissolved, or terminated.
- Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect.
- Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control.
- States that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer.
- Requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm, or firearms, or ammunition, or both, at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
- Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and
- The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances.
- States that a temporary GVRO shall expire 21 days from the date the order is issued.
- Allows an immediate family member, as defined, or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition.
- Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors.
- Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing.
- Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order.
- Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition.
- States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm.
- Allows a restrained person to file one written request for a hearing to terminate the order.
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor costs for DOJ to track additional GVROs.
- Minor potential revenue loss from the elimination of the filing fee.
COMMENTS: According to the author, ''Those closest to a person are often the first to notice an escalation in disturbing behavior along with threats to act violently. When someone is in such a crisis access to guns is a lethal combination. Yet until recently, California had few legal options for a family member or roommate to have guns temporarily removed from their loved ones.
''In 2014, AB 1014 (Skinner) established California's GVRO as a tool family members could use to disarm loved ones who were threatening violence or self-harm. Washington and Oregon have now also passed laws based on AB 1014 which those states have named 'Extreme Risk Prevention Orders.'
''Since AB 1014 went into effect in January 2015, California has issued approximately 200 GVRO's. During this initial phase, a number of issues have come to light that if addressed would greatly improve the effectiveness of this tool.
''First, petitioners trying to obtain a GVRO often must pay filing and service fees. Facing such fees can prevent a family member from pursuing the GVRO. Secondly, magazines and other firearm components that also pose a threat were not included in the original bill. Thirdly, when a person is served an emergency GVRO, the original bill did not include an automatic hearing date within the initial 21 day period to determine if the GVRO was issued appropriately and if it should be extended for a full-year. Finally, the original bill language did not require law enforcement to verbally ask the person served with a GVRO if the person has relinquished all guns and firearm components in their possession.
''SB 1200 addresses these issues to strengthen the effectiveness, and efficiency of California's GVRO system.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003853
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1200
Author:(Skinner) – As Amended Ver:August 6, 2018
Policy Committee: | Public Safety | Vote: | 6 - 1 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill makes various changes to existing laws related to gun violence restraining orders (GVROs). Specifically, this bill:
- States that for purposes of the GVRO law, a “firearm” includes unfinished frames or receivers. States that for purposes of the GVRO law, “ammunition” includes a “magazine,” as defined in existing law.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency, or sold, or transferred to a licensed firearms dealer, to transmit a copy of the receipt to the Department of Justice (DOJ) in a manner prescribed by DOJ. Requires the court to hold a hearing within 21 days after the date of the issuance of a temporary GVRO to determine if a one-year GVRO should be issued.
- Eliminates filing fees associated with GVROs.
FISCAL EFFECT:
- Minor costs for DOJ to track additional GVROs.
- Minor potential revenue loss from the elimination of the filing fee.
COMMENTS:
- Background. California's GVRO laws, modeled after domestic violence restraining order laws, went into effect on January 1, 2016. A GVRO will prohibit the restrained person from purchasing or possessing firearms or ammunition and authorizes law enforcement to remove any firearms or ammunition already in the individual's possession.
- Purpose. According to the author:
In 2014, AB 1014 (Skinner) established California's GVRO as a tool family members could use to disarm loved ones who were threatening violence or self-harm. Washington and Oregon have now also passed laws based on AB 1014 which those states have named “Extreme Risk Prevention Orders.” Since AB 1014 went into effect in January 2015, California has issued approximately 200 GVRO's. During this initial phase, a number of issues have come to light that if addressed would greatly improve the effectiveness of this tool. First, petitioners trying to obtain a GVRO often must pay filing and service fees. Facing such fees can prevent a family member from pursuing the GVRO. Secondly, magazines and other firearm components that also pose a threat were not included in the original bill.
- Related legislation. AB 1968 (Low), of the current legislative session, requires a person who is admitted to a designated facility because they are a danger to themselves, or others, as a result of a mental health disorder more than once within a one-year period to be prohibited from owning a firearm for the remainder of the person’s life. AB 1968 is pending hearing in the Senate Appropriations Committee.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 19, 2018
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1200
Author:(Skinner) – As Amended Ver:March 21, 2018
SUMMARY: Makes various changes to existing laws related to gun violence restraining orders (GVROs). Specifically, this bill:
- States that for purposes of the GVRO law, a “firearm” include firearm parts or components, and defines these terms to mean unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon.
- States that for purposes of the GVRO law, “ammunition” includes a “magazine,” as defined in existing law.
- Makes conforming changes to the notice required to be given to the subject of a GVRO.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency, or sold, or transferred to a licensed firearms dealer, to transmit a copy of the receipt to DOJ in a manner and pursuant to a process prescribed by DOJ.
- Requires an officer serving a GVRO to verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
- Requires the court to hold a hearing within 21 days after the date of the issuance of a temporary GVRO to determine if a one-year GVRO should be issued.
- Exempts any orders or injunctions related to GVROs from the requirement for prepayment of a fee deposit generally authorized in connection with service of process of notices for certain types of cases.
- Provides that there is no filing fee for an application, a responsive pleading, or an order to show cause which seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a GRVO. There is also no fee for a subpoena filed in connection with such application, responsive pleading, or order to show cause.
EXISTING LAW:
- Defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition." (Pen. Code, § 18100.)
- Requires the court to notify the DOJ when a GVRO is issued, renewed, dissolved, or terminated. (Pen. Code, § 18115.)
- Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect. (Pen. Code, § 18120, subd. (a).)
- Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. (Pen. Code, § 18120, subd. (b)(1).)
- States that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer. (Pen. Code, § 18120, subd. (b)(2).)
- Requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm, or firearms, or ammunition, or both, at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. (Pen. Code, § 18120, sub. (d).)
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and
- Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and
- The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances. (Pen. Code, § 18125, subd. (a).)
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and
- States that a temporary GVRO shall expire 21 days from the date the order is issued. (Pen. Code, § 18125, subd. (b).)
- Allows an immediate family member, as defined, or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18150, subd. (a)(1).)
- Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors. (Pen. Code, §§ 18150, subd. (b) & 18155.)
- Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing. (Pen. Code, § 18160.)
- Allows the restrained person who owns a firearm or ammunition that is in the custody of a law enforcement agency pursuant to this subdivision, if the firearm is an otherwise legal firearm, and the restrained person otherwise has right to title of the firearm, to sell or transfer title of the firearm to a licensed dealer. (Pen. Code, § 18120, subd. (c)(2).)
- Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. (Pen. Code, § 18165.)
- Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18170.)
- States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. (Pen. Code, § 18175, subd. (b).)
- Allows a restrained person to file one written request for a hearing to terminate the order. (Pen. Code, §18185.)
- Allows a request for renewal of a GVRO. (Pen. Code, § 18190.)
- States that every person who files a petition for an ex parte GVRO or a GVRO issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
- States that every person who violates an ex parte GVRO or a GVRO issued after notice and a hearing, is guilty of a misdemeanor and shall be prohibited from having under his or her custody and 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.)
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter. (Gov. Code, § 6103.2.)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “Those closest to a person are often the first to notice an escalation in disturbing behavior along with threats to act violently. When someone is in such a crisis access to guns is a lethal combination. Yet until recently, California had few legal options for a family member or roommate to have guns temporarily removed from their loved ones.
“In 2014, AB 1014 (Skinner) established California's GVRO as a tool family members could use to disarm loved ones who were threatening violence or self harm. Washington and Oregon have now also passed laws based on AB 1014 which those states have named ‘Extreme Risk Prevention Orders.’
“Since AB 1014 went into effect in January 2015, California has issued approximately 200 GVRO's. During this initial phase, a number of issues have come to light that if addressed would greatly improve the effectiveness of this tool.
“First, petitioners trying to obtain a GVRO often must pay filing and service fees. Facing such fees can prevent a family member from pursuing the GVRO. Secondly, magazines and other firearm components that also pose a threat were not included in the original bill. Thirdly, when a person is served an emergency GVRO, the original bill did not include an automatic hearing date within the initial 21 day period to determine if the GVRO was issued appropriately and if it should be extended for a full-year. Finally, the original bill language did not require law enforcement to verbally ask the person served with a GVRO if the person has relinquished all guns and firearm components in their possession.
“SB 1200 addresses these issues to strengthen the effectiveness, and efficiency of California's GVRO system.” - Gun Violence Restraining Orders: California's GVRO laws, modeled after domestic violence restraining order laws, went into effect on January 1, 2016. A GVRO will prohibit the restrained person from purchasing or possessing firearms or ammunition and authorizes law enforcement to remove any firearms or ammunition already in the individual's possession.
The statutory scheme establishes three types of GVRO's: a temporary emergency GVRO, an ex parte GVRO, and a GVRO issued after notice and hearing. A law enforcement officer may seek a temporary emergency GVRO by submitting a written petition to or calling a judicial officer to request an order at any time of day or night. In contrast, an immediate family member or a law enforcement officer can petition for either an ex parte GVRO or a GVRO after notice and a hearing.
An ex parte GVRO is based on an affidavit filed by the petitioner which sets forth the facts establishing the grounds for the order. The court will determine whether good cause exists to issue the order. If, the court issues the order, it can remain in effect for 21 days. Within that time frame, the court must provide an opportunity for a hearing. At the hearing, the court can determine whether the firearms should be returned to the restrained person, or whether it should issue a more permanent order.
Finally, if the court issues a GVRO after notice and hearing has been provided to the person to be restrained, this more permanent order can last for up to one year.
- Argument in Support: According to Bay Area Student Activists, “We support this bill because it addresses several limitations of current law around gun violence restraining orders, first by removing the financial hurdle to obtaining a restraining order for low-income family members who know of a person’s threats or intent to inflict harm on himself or others with a gun. This is a common sense provision, given that gun violence disproportionately affects low-income households. This bill also allows a restraining order to be sought against a person fully-capable of building a gun: the perpetrators of many mass shootings have frequently displayed an obsession with firearms, making amateur modifications to their weapons.”
- Argument in Opposition: According to the Firearms Policy Coalition, “The expanded definition of ‘firearm’ for these purposes would drastically widen the scope of the prohibition during the pendency of the restraint order by not only prohibiting the subject’s possession of any firearm but any ‘firearms parts or components,’ which include any ‘unassembled parts or components of a firearm that are clearly designed and intended to be used to assemble a functional weapon.’ (Pen. Code, § 18100, subd. (b).) This is eerily reminiscent of the currently pending AB 2382, which seeks to resurrect and expand upon the disastrous AB 1673 that the governor rejected just two years ago because its similarly expanded definition of ‘firearm’ for purposes of numerous criminal laws was ‘unduly vague’ and ‘could trigger potential application of myriad and serious criminal consequences.’ …
“The bill’s proposal to waive all otherwise applicable fees for any applications, responsive pleadings, or orders to show cause related to obtaining, modifying, or enforcing gun violence restraining orders (§§ 6103.2, subd. (b)(4), 18121), would render the entire process free of charge for anyone seeking to prosecute such an endeavor. These waivers would essentially serve as a catalyst for the ultimate aims of the scheme by inevitably increasing the volume of such orders and the volume of alleged violations that could result in the imposition of longer and more onerous restrictions upon the subject’s Second Amendment rights….
“And there’s yet another troubling feature of SB 1200: it mandates that ‘[w]hen serving a temporary emergency gun violence restraining order, a law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part of component, ammunition, or magazine in his or her possession or under his or her control or custody.’ (§ 18135, subd. (b).) This mandate makes no allowance for the fact that the answer to such a question very well may result in self incrimination depending upon the subject’s status or alleged status as a person otherwise restricted or prohibited in his or her ability to legally possess firearms or ammunition under the litany of statutes creating all sorts of such restrictions and prohibitions. Thus, this form of questioning implicates the fundamental constitutional rights not to be compelled into self-incrimination and to seek the presence or advice of an attorney before answering any such questions.” - Related Legislation:
- AB 1968 (Low) requires a person who has been taken into custody, assessed, and admitted to a designated facility because they are a danger to themselves, or others, as a result of a mental health disorder more than once within a one-year period to be prohibited from owning a firearm for the remainder of the person’s life. AB 1968 is pending hearing in the Senate Public Safety Committee.
- AB 2382 (Gipson) authorizes the Department of Justice to issue firearm precursor parts vendor licenses, and requires any person purchasing firearm precursor parts to undergo a background check. AB 2382 is pending referral by the Senate Rules Committee.
- AB 1968 (Low) requires a person who has been taken into custody, assessed, and admitted to a designated facility because they are a danger to themselves, or others, as a result of a mental health disorder more than once within a one-year period to be prohibited from owning a firearm for the remainder of the person’s life. AB 1968 is pending hearing in the Senate Public Safety Committee.
- Prior Legislation:
- AB 2607 (Ting), of the 2015-2016 Legislative Session, would have expanded the category of individuals who could petition the court for a GVRO. AB 2607 was vetoed.
- AB 225 (Melendez), of the 2015-2016 Legislative Session, would have increased the penalty, from a misdemeanor to a felony, for a person to file a petition for a GVRO with knowledge that information in the petition is false. AB 225 failed passage in the Assembly Public Safety Committee.
- AB 950 (Melendez), Chapter 205, Statutes of 2015, allows a person who is restrained by a GVRO to transfer his or her firearms and ammunition to a licensed firearms dealer for the duration of the prohibition.
- SB 1014 (Skinner), Chapter 872, Statutes of 2014, allows the court to issue a GRVO and established the process by which the orders can be obtained.
REGISTERED SUPPORT / OPPOSITION:
Support
Bay Area Student Activists
California Chapters of the Brady Campaign to Prevent Gun Violence
California Public Health Association-North
Drain the NRA
Giffords Law Center to Prevent Gun Violence
San Francisco Bay Area Physicians for Social Responsibility
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Two private individuals
Opposition
Firearms Policy Coalition
National Shooting Sports Foundation
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1200
:
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/17/18
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Nielsen
NO VOTE RECORDED: Bates
SOURCE: Brady Campaign to Prevent Gun Violence – California Chapters
Giffords Law Center to Prevent Gun Violence
DIGEST:
This bill makes various changes to existing laws related to gun violence restraining orders (GVROs).
Existing law:
- Defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition." (Pen. Code, § 18100.)
- Requires the court to notify the Department of Justice (DOJ) when a GVRO is issued, renewed, dissolved, or terminated. (Pen. Code, § 18115.)
- Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect. (Pen. Code, § 18120, subd. (a).)
- Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. (Pen. Code, § 18120, subd. (b)(1).)
- States that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer. (Pen. Code, § 18120, subd. (b)(2).)
- Requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and,
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. (Id.)
- Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
- The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and,
- The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances. (Pen. Code, § 18125, subd. (a).)
- States that a temporary GVRO shall expire 21 days from the date the order is issued. (Pen. Code, § 18125, subd. (b).)
- Allows an immediate family member, as defined, or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18150, subd. (a)(1).)
- Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors. (Pen. Code, §§ 18150, subd. (b) & 18155.)
- Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing. (Pen. Code, § 18160.)
- Allows the restrained person who owns a firearm or ammunition that is in the custody of a law enforcement agency pursuant to this subdivision, if the firearm is an otherwise legal firearm, and the restrained person otherwise has right to title of the firearm, to sell or transfer title of the firearm to a licensed dealer. (Pen. Code, § 18120, subd. (c)(2).)
- Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. (Pen. Code, § 18165.)
- Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18170.)
- States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. (Pen. Code, § 18175, subd. (b).)
- Allows a restrained person to file one written request for a hearing to terminate the order. (Pen. Code, §18185.)
- Allows a request for renewal of a GVRO. (Pen. Code, § 18190.)
- States that every person who files a petition for an ex parte GVRO or a GVRO issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
- States that every person who violates an ex parte GVRO or a GVRO issued after notice and a hearing, is guilty of a misdemeanor and shall be prohibited from having under his or her custody and 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.)
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter. (Gov. Code, § 6103.2.)
This bill:
- Defines, for purposes of the GVRO law, “firearm” to include firearm parts or components and defines “firearm parts or components” to mean unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon.
- Defines, for purposes of the GVRO law, “ammunition” to include a “magazine,” as defined in existing law.
- Makes conforming changes to the notice required to be given to the subject of a GVRO.
- Requires the court, within one day of receiving the receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer, to transmit a copy of the receipt to DOJ in a manner and pursuant to a process prescribed by DOJ.
- States that within 21 days after the date the temporary GVRO was issued, the court that shall hold a hearing to determine if a one year GVRO should be issued and applies the process applicable to issue a GVRO after notice and hearing.
- States that when serving a GVRO the law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control
- Exempts from the prepayment requirement generally authorized in connection with service of process of notices for certain types of cases any orders or injunctions related to GVROs.
- States that there is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is also no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Unknown, potentially-significant reduction in revenue with the elimination of the GVRO filing fee. The court does not anticipate that it would need additional resources to accommodate any increase in filings that may result because of this measure. Loss of revenue would be dependent on the number of persons who petition for a GVRO who otherwise would have the ability to pay. (special fund*)
- DOJ estimates that SB 1200 would impose minor and absorbable workload costs related to tracking additional information. (special fund**)
- Unknown, potentially-reimbursable reduction of fee revenue to counties associated with the elimination of the service of process fee. Existing law provides county sheriffs’ offices with the authority to impose a fee for the service of process. (local funds, General Fund)
*Trial Court Trust Fund
**Dealers’ Record of Sale Account
Brady Campaign to Prevent Gun Violence – California Chapters (co-source)
Giffords Law Center to Prevent Gun Violence (co-source)
Drain the NRA
San Francisco Bay Area Physicians for Social Responsibility
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
One individual
OPPOSITION: (Verified 5/25/18)
National Shooting Sports Foundation, Inc.
Prepared by: Stella Choe / PUB. S. /
5/26/18 15:14:38
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1200 (Skinner) - Firearms: gun violence restraining orders
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1200 would expand the definition of a firearm and ammunition for purposes of a gun violence restraining order (GVRO) and eliminate specified fees with attempting to obtain the order.
Fiscal Impact:
- Unknown, potentially-significant reduction in revenue with the elimination of the GVRO filing fee. The court does not anticipate that it would need additional resources to accommodate any increase in filings that may result because of this measure. Loss of revenue would be dependent on the number of persons who petition for a GVRO who otherwise would have the ability to pay. (special fund*)
- The Department of Justice (DOJ) estimates that SB 1200 would impose minor and absorbable workload costs related to tracking additional information. (special fund**)
- Unknown, potentially-reimbursable reduction of fee revenue to counties associated with the elimination of the service of process fee. Existing law provides county sheriffs’ offices with the authority to impose a fee for the service of process. (local funds, General Fund)
*Trial Court Trust Fund
** Dealers’ Record of Sale Account
Background:
A GVRO, modeled after domestic violence restraining orders, prohibits the restrained person from purchasing or possessing firearms or ammunition and allows law enforcement to remove any firearms or ammunition already in the individual's possession. There are three types of GVROs: a temporary emergency GVRO, an ex parte GVRO, and a GVRO issued after notice and a hearing. The temporary emergency GVRO may be sought by a law enforcement official and expires after twenty-one days. An ex parte GVRO may be obtained by a law enforcement official or an immediate family member, as defined, and also lasts for twenty-one days. The ex parte GVRO may be extended by the court to a full GVRO. A GVRO issued after notice and hearing can remain in place for up to one year. The order may be renewed for another year or terminated early at the decision of the court. The person who is the subject of the GVRO may request another hearing during the period of prohibition to ask the court to terminate the order.
Proposed Law:
This bill would expand the definition of a firearm for the purpose of the GVRO to include firearms parts and components, which would be further defined as unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon. It also would expand the definition of ammunition to include a magazine for purposes of the GVRO. Additionally, it would prohibit a filing fee to submit a GVRO application to the court and a fee in connection to service of process by the sheriff or marshal. Lastly, SB 1200 would require the court to submit to DOJ a receipt of firearms and ammunition surrendered by the restrained person and for DOJ to keep a record of this information.
Related Legislation:
SB 1014 (Skinner, Ch. 872, Stats. 2014) allowed the court to issue a gun violence restraining order and established the process by which the order could be obtained.
AB 225 (Melendez, 2015) would have increased the penalty, from a misdemeanor to a felony, for a person to file a petition for a GVRO with knowledge that information in the petition is false. AB 225 failed passage from the Assembly Committee on Public Safety.
AB 950 (Melendez, Ch. 205, Stats. 2015) allows a person who is restrained by a GVRO to transfer his or her firearms and ammunition to a licensed firearms dealer for the duration of the prohibition.
AB 2607 (Ting, 2016) would have expanded the category of individuals who could petition the court for a GVRO. AB 2607 was vetoed by the governor.
Staff Comments:
California courts were allowed to issue GVROs commencing in 2016. Since that time, this restraining order has been used relatively infrequently, respective to other states that have a similar option available. In 2016, the court issued eighty-six orders. That number increased by 21 percent in 2017 to 104 orders. As quoted in the analysis of this bill by the Senate Committee on Public Safety, the author contends that paying the filing and service fees has a chilling effect on family members from asking the court for a GVRO. Consequently, this bill seeks, in part, to remove those barriers in order to help more family members seek the order when warranted. California could follow the trend experienced by other states like Connecticut, which saw fewer than ten orders (or “warrants”) issued in the first eight years but significantly increased the number after the 2007 mass shooting at Virginia Tech. Connecticut, which has a fraction of the population of California, went on to issue 726 gun violence prevention warrants through 2013.
Thus, if the presumption is that a greater number of GVRO petitions will be filed in court, given more familiarity with and exposure to the order by law enforcement, the public, and the court, and if the hurdle of associated fees are removed, the court could experience a significant loss in revenue associated with SB 1200. While the number of GVRO petitions that would be filed is unknown, if California were to issue 375 GVROs in one year to petitioners who have the ability to pay the $400 filing fee, the revenue loss to the Trial Court Trust Fund resulting from the elimination of the fee would cause this bill to surpass the threshold for referral to the Suspense File.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1200 Hearing Date: April 17, 2018
Author: | Skinner | ||
Version: | March 21, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Firearms: Gun Violence Restraining Orders
HISTORY
Source: Brady Campaign to Prevent Gun Violence – California Chapters
Giffords Law Center to Prevent Gun Violence
Prior Legislation: AB 2607 (Ting), 2016, vetoed
AB 950 (Melendez), Ch. 205, Stats. 2015
AB 225 (Melendez), 2015, failed Assembly Public Safety
SB 505 (Jackson), Ch. 918, Stats. 2014
AB 1014 (Skinner), Ch. 872, Stats. 2014
Support: Drain the NRA; San Francisco Bay Area Physicians for Social Responsibility; Violence Prevention Coalition of Greater Los Angeles; Violence Prevention Coalition of Orange County; Women Against Gun Violence; 1 private individual
Opposition: Firearms Policy Coaltion; National Shooting Sports Foundation, Inc.
PURPOSE
The purpose of this bill is to make various changes to existing laws related to gun violence restraining orders (GVROs).
Existing law defines a "GVRO" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition." (Pen. Code, § 18100.)
This bill defines, for purposes of the GVRO law, “firearm” to include firearm parts or components and defines “firearm parts or components” to mean unassembled parts and components of a firearm that are clearly designed and intended to be used to assemble a functional weapon.
This bill defines, for purposes of the GVRO law, “ammunition” to include a “magazine.”
This bill makes conforming changes to the notice required to be given to the subject of a GVRO.
Existing law requires the court to notify the Department of Justice (DOJ) when a GVRO is issued, renewed, dissolved, or terminated. (Pen. Code, § 18115.)
Existing law prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect. (Pen. Code, § 18120, subd. (a).)
Existing law requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. (Pen. Code, § 18120, subd. (b)(1).)
Existing law states that the officer serving the GVRO shall request the surrender of all firearms or ammunition immediately, or in the alternative, the surrender shall occur within 24 hours of being served with the GVRO by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer. (Pen. Code, § 18120, subd. (b)(2).)
Existing law requires the law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition to issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender and the restrained person shall within 48 hours of being served, do both of the following:
- File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order; and,
- File a copy of the receipt with the law enforcement agency that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. (Id.)
This bill requires the court, within one day of receiving the receipt to transmit a copy of the receipt to DOJ in a manner and pursuant to a process prescribed by the department.
Existing law allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and,
The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances. (Pen. Code, § 18125, subd. (a).)
Existing law states that a temporary GVRO shall expire 21 days from the date the order is issued. (Pen. Code, § 18125, subd. (b).)
This bill states that within 21 days after the date the temporary GVRO was issued, the court that shall hold a hearing to determine if a one year GVRO should be issued and applies the process applicable to issue a GVRO after notice and hearing.
Existing law allows an immediate family member or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18150, subd. (a)(1).)
Existing law defines "immediate family member" as specified. (Pen. Code, 18150, subd. (a)(2).)
Existing law allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors. (Pen. Code, §§ 18150, subd. (b) & 18155.)
Existing law requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing. (Pen. Code, § 18160.)
Existing law allows the restrained person who owns a firearm or ammunition that is in the custody of a law enforcement agency pursuant to this subdivision, if the firearm is an otherwise legal firearm, and the restrained person otherwise has right to title of the firearm, to sell or transfer title of the firearm to a licensed dealer. (Pen. Code, § 18120, subd. (c)(2).)
Existing law entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. (Pen. Code, § 18165.)
Existing law allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18170.)
Existing law states that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. (Pen. Code, § 18175, subd. (b).)
Existing law allows a restrained person to file one written request for a hearing to terminate the order. (Pen. Code, 18185.)
Existing law allows a request for renewal of a GVRO. (Pen. Code, § 18190.)
Existing law states that every person who files a petition for an ex parte GVRO or a GVRO issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
Existing law states that every person who violates an ex parte GVRO or a GVRO issued after notice and a hearing, is guilty of a misdemeanor and shall be prohibited from having under his or her custody and 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.)
This bill states that when serving a GVRO the law enforcement officer shall verbally ask the restrained person if he or she has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
Existing law exempts from the prepayment requirement generally authorized in connection with service of process of notices the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter is not subject to.
This bill exempts from the prepayment requirement any orders or injunctions related to GVROs.
This bill states that there is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a GVRO or other order authorized by the GVRO law if the request for the other order is necessary to obtain or give effect to a gun violence restraining order or other order authorized by this division. There is also no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
COMMENTS
- Need for This Bill
According to the author of this bill:
Those closest to a person are often the first to notice an escalation in disturbing behavior along with threats to act violently. When someone is in such a crisis access to guns is a lethal combination. Yet until recently, California had few legal options for a family member or roommate to have guns temporarily removed from their loved ones.
In 2014, AB 1014 (Skinner) established California’s GVRO as a tool family members could use to disarm loved ones who were threatening violence or self-harm. Washington and Oregon have now also passed laws based on AB 1014 which those states have named “Extreme Risk Prevention Orders”.
Since AB 1014 went into effect in January 2016, California has issued approximately 200 GVRO’s. During this initial phase, a number of issues have come to light that if addressed would greatly improve the effectiveness of this tool.
First, petitioners trying to obtain a GVRO often must pay filing and service fees. Facing such fees can prevent a family member from pursuing the GVRO. Secondly, magazines and other firearm components that also pose a threat were not included in the original bill. Thirdly, when a person is served an emergency GVRO, the original bill did not include an automatic hearing date within the initial 21 day period to determine if the GVRO was issued appropriately and if it should be extended for a full-year. Finally, the original bill language did not require law enforcement to verbally ask the person served with a GVRO if the person has relinquished all guns and firearm components in their possession.
California’s Gun Violence Restraining Order (GVRO) is a lifesaving tool that enables parents, spouses and household members to temporarily get firearms out of the hands of those close to them who are making credible threats of violence against themselves or others. SB 1200 improves the process for obtaining a GVRO and ensures that all firearms and firearm components can be removed when a GVRO is issued. SB 1200 addresses these issues to strengthen the effectiveness, and efficiency of California’s GVRO system.
- California’s GVRO law
California's GVRO laws, modeled after domestic violence restraining order laws, went into effect on January 1, 2016. A GVRO will prohibit the restrained person from purchasing or possessing firearms or ammunition and authorizes law enforcement to remove any firearms or ammunition already in the individual's possession.
The statutory scheme establishes three types of GVRO's: a temporary emergency GVRO, an ex parte GVRO, and a GVRO issued after notice and hearing. A document prepared by Judicial Council describes the different types of GVRO in further detail:
There are three major differences between the “temporary” and “ex parte” orders. First, the temporary order may only be requested by a law enforcement officer, while the ex parte order may be requested by a law enforcement officer or an immediate family member (as defined). Second, the temporary order expires in 21 days with no procedure for extending it or making it “permanent;” the ex parte order also expires in 21 days, but provides for a hearing to be held within 21 days to issue a GV order with a duration of one year. With the temporary order, before the 21 days are up, the law enforcement officer can petition for an order after hearing. The third difference is in the showing required to get the order. The temporary order requires a showing of immediate and present danger, while the ex parte order requires a showing of a significant danger in the near future. The temporary order may also be obtained by using the procedures to obtain an oral search warrant if time and circumstances do not permit the filing of a petition. Hence, the temporary order is a tool to be used by law enforcement in an emergency situation, when there is a perceived need to remove guns from someone acting erratically and aggressively and to prohibit him or her from possessing a firearm. If the restraining order is issued and the restrained party has not relinquished the firearm, then under the amendments to Penal Code section 1524(a)(14), a search warrant for the firearm can be issued. In summary, law enforcement can seek a temporary order in an emergency or an ex parte order for danger in the near future. A family member can only seek an ex parte order. Either may seek an order after hearing.
(http://www.courts.ca.gov/documents/SPR15-13.pdf [as of Apr. 9, 2018].)
An ex parte GVRO is based on an affidavit filed by the petitioner which sets forth the facts establishing the grounds for the order. The court will determine whether good cause exists to issue the order. If the court issues the order, the restrained person must surrender to a local law enforcement agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns, or sell or transfer all firearms and ammunition to a licensed gun dealer within 24 hours of the order, and is prohibited from acquiring more guns or ammunition. The order can remain in effect for 21 days. Within that time frame, the court must provide an opportunity for a hearing. At the hearing, the court can determine whether the firearms should be returned to the restrained person, or whether it should issue a more permanent order.
Finally, if the court issues a GVRO after notice and hearing has been provided to the person to be restrained, this more permanent order can last for up to one year. The restrained person may request another hearing during the period of the prohibition to terminate the order. The duration of the GVRO may be renewed for another year or terminated early as determined by the court.
According to data from DOJ, since the law went into effect in 2016, courts issued GVROs 86 times in 2016 and 104 times in 2017. Los Angeles County had the highest number of GVROs issued for a total of 32 from 2016 to 2017. The county with the second highest number was Santa Barbara with 21 GVROs. The county that had the highest number of GVROs per capita was Contra Costa. (Koseff, ‘Best tool’ to prevent gun violence is rarely used in California, Sacramento Bee (Mar. 29, 2018) < http://www.sacbee.com/latest-news/article206994229.htmlnews/article206994229.html> [as of Apr. 5, 2018].)
- Effect of this Legislation
This bill makes several clarifying changes to California’s GVRO law. First, it provides a definition for “firearm,” “firearm parts or components” and “ammunition” for purposes of the GVRO law and makes conforming changes to the notice required to be given to the restrained person. Second, the bill specifies that a law enforcement officer that serves a GVRO shall verbally ask at the time of service whether the restrained person has any firearm, firearm part or component, ammunition, or magazine in his or her possession or under his or her custody or control.
Third, the bill requires the court to send a copy of the receipt that shows that all firearms and ammunition have been surrendered by the restrained person to DOJ within one business day of receiving the receipt. Fourth, under existing law temporary GVROs expire after 21 days of issuance. There is no specified mechanism for turning a temporary GVRO to a permanent one that lasts up to one year in current statute. This bill specifies that the court shall hold a hearing within 21 days of the issuance of the temporary GVRO and follow the process specified for issuing a GVRO after notice and hearing. Lastly, the bill prohibits certain fees, including filing fees, for an application, responsive pleading, or an order to show cause related to a GVRO, and exempts from any prepayment requirement for service of process for service of process of a GVRO.
- Argument in Support
Women Against Gun Violence writes in support:
AB 1014 … established California’s Gun Violence Restraining Order law after the Isla Vista shooting in 2014, took effect in January 2016. The law allows for a temporary firearm prohibition if there is credible evidence that the person presents a violent threat and was the first in the nation to allow family members or roommates, those closest to the person at risk, to petition for the order rather than relying solely on law enforcement. California has issued over 250 gun violence restraining orders since the law took effect.
SB 1200 eliminates any fees for requesting such a restraining order and adds ammunition, magazines and firearm components that can be used to assemble a final weapon to the list of items which must be surrendered. SB 1200 also requires law enforcement personnel that serve the order to verbally ask the recipient if they have firearms or accessories and also requires gun violence restraining orders that are issued for a 21-day period having a hearing held within that time period to allow for a judicial determination that the gun violence restraining order be extended for a year. SB 1200 will strengthen the effectiveness of California’s existing gun violence restraining order law.
- Argument in Opposition
The National Shooting Sports Foundation, Inc. opposes the bill’s inclusion of firearm parts or components in the definition of firearm, and magazines in the definition of ammunition, for purposes of a GVRO:
These items are neither firearms nor ammunition.
SB 1200 would place someone in violation of the law for merely, and likely unknowingly, possessing a firearm part such as a spring or magazine, even if obsolete or in an unusable condition. Such parts are commonly kept by persons who lawfully possess firearms.
Under both state and federal law, a frame or receiver of a firearm is, itself, defined to actually be the firearm. Everything else is just parts that cannot be assembled into a functioning firearm without a frame or receiver.
Accordingly, if a person relinquishes their firearms, it would necessarily include frames and receivers, thus rendering the other parts and magazines non-functional and irrelevant.
No public safety purpose would be realized as a result of relinquishing other parts and magazines, too.
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Discussed in Hearing
1MIN
Senate Floor
3MIN
Assembly Floor
57SEC
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
15MIN
Assembly Standing Committee on Public Safety
4MIN
Senate Floor
18MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):