CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1493

Author:(Ting)

As Amended Ver:August 30, 2019

Majority vote

SUMMARY:

Authorizes the subject of a Gun Violence Restraining Order (GVRO) petition to submit a form to the court voluntarily relinquishing the subject's firearm rights and stating that the subject is not contesting the petition.

The Senate Amendments:

1. Delay implementation of the above provisions until September 1, 2020.
2. Require the clerk of the court to enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System. If the court is unable to electronically transmit the form to Department of Justice (DOJ), the court shall transmit a copy of the form to a local law enforcement agency which would be required to enter the form into the system..
3. Double Joint this bill with AB 12 (Irwin) of the current legislative session to avoid chaptering issues.

COMMENTS:

According to the Author:

"AB 1014 (Skinner, 2014) created the system for gun violence restraining orders. In the three years since the program has been implemented, 424 GVROs have been issued. As people recognize the protections that GVROs can provide, it is important that we continue to improve the process. In complying with a GVRO, people have a few options such as selling the firearms, storing them with an approved facility, or relinquishing them to law enforcement. However, the availability and clarity of these options can change from county to county. The GVRO process can be streamlined by creating a form that the subject of a GVRO can submit to the court, expressing their willingness to cooperate."

Arguments in Support:

According to the Office of the San Diego City Attorney, "Gun violence and mass shootings constitute a national public health crisis. Between 2014 and 2017, there have been over 1,300 mass shootings (incidents with four or more people killed or injured). The number of mass shootings demonstrates the need for a more proactive approach to prevent shootings by acting before tragedy strikes.

"As a new public tool, it is important to continue fine tuning the GVRO process. Currently, when an order is served, the subject of a GVRO has the options of selling their firearms or relinquishing them to law enforcement. The process is currently missing a step for the subject of a GVRO to communicate to the court that they are willing to cooperate and will not contest the order.

"AB 1493 allows for the subject of a GVRO to submit a form to the court communicating that they will not be contesting the order. Adding this simple fix will help to streamline the GVRO process and make it a more effective tool to keep the public safe."

Arguments in Opposition:

None submitted.

FISCAL COMMENTS:

According to the Senate Appropriations Committee:

1. DOJ: One-time costs of $128,000 for 1.0 Information Technology Specialist I in FY 2019-20 to add new data field code(s) to the existing GVRO system to accommodate the relinquishment information this bill allows on the firearms forms. (General Fund)
2. Courts: Minor and absorbable costs to have court clerks transmit electronic information to DOJ or the non-electronic form to a local law enforcement agency for uploading. (General Fund*)
3. Local law enforcement agencies: Likely-minor, potentially-reimbursable costs to upload relinquishment information transmitted by the courts. (General Fund, local funds)

*Trial Court Trust Fund

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager-Dove, Quirk, Santiago, Wicks

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Grayson, Mullin, Quirk

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: August 30, 2019

CONSULTANT: Gregory Pagan (Counsel) / PUB. S. / (916) 319-3744 FN: 0001943

 THIRD READING  

Bill No: AB 1493

Author: Ting (D)

Amended: 8/30/19 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/18/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote

SUBJECT: Gun violence restraining order: petition

SOURCE: Author

DIGEST:

This bill authorizes a person who is the subject of a gun violence restraining order (GVRO) to petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

ANALYSIS:

Existing law:

1. 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.)
2. Requires a petition for a GVRO to describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition. (Pen. Code, § 18107.)
3. 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).)
4. 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).)
5. States that the law enforcement officer serving a GVRO shall request that all firearms and ammunition be immediately surrendered. Alternatively, if the request is not made by the 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. (Pen. Code, § 18120, subd. (b)(2).)
6. 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:
   1. 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,
   2. 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, subd. (b)(2).)
7. Allows law enforcement to obtain a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:
   1. The subject of the petition poses an immediate and present danger of causing injury to himself, herself, or another by possessing a firearm; and,
   2. 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).)
8. States that a temporary GVRO shall expire 21 days from the date the order is issued. (Pen. Code, § 18125, subd. (b).)
9. States that a law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:
   1. If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council;
   2. Serve the order on the restrained person, if the restrained person can reasonably be located;
   3. File a copy of the order with the court as soon as practicable after issuance; and,
   4. Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (DOJ). (Pen. Code, §18140.)
10. 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).)
11. 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.)
12. Requires an ex parte GVRO to be issued or denied on the same day that the petition is submitted to the court unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next judicial business day. (Pen. Code, § 18150, subd. (d).)
13. 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 date of the scheduled hearing. (Pen. Code, § 18160.)
14. States that an ex parte GVRO shall expire no later than 21 days from the date the order is issued. (Pen. Code, § 18155, subd. (c).)
15. 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.)
16. 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).)
17. Provides that if a GVRO is issued after the hearing, the order has a duration of one year, subject to termination by further order of the court at a hearing and renewal by further order of the court. (Pen. Code, § 18175, subd. (d).)
18. Allows a restrained person to file one written request for a hearing to terminate the order (Pen. Code, §18185) and allows a request for renewal of a GVRO for up to one year (Pen. Code, § 18190).
19. 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.)
20. 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:

1. Authorizes, starting September 1, 2020, the subject of a GVRO petition to file a form with the court relinquishing the subject’s firearm rights for the duration specified on the GVRO petition or, if not stated in the petition, for one year from the date of the proposed hearing, and stating that the subject is not contesting the petition.
2. States that if the subject of the petition files this form, the court shall issue, without a hearing, the GVRO at least five court days before the scheduled hearing, except if the subject files the form within five court days of the scheduled hearing, the court shall issue the GVRO as soon as possible. The court shall issue notice of the order to all of the parties.
3. Provides that the subject of the GVRO shall surrender all firearms, ammunition and magazines within 48 hours of filing the form to relinquish their firearm rights.

Background

According to the author, “There lacks an option for the subject of a GVRO to communicate to the courts that they will not contest the order. When people are issued a traffic ticket, they have the option to not contest the order and then move forward with paying the fine. Similarly, allowing for the subject of a GVRO to not contest the order through a court form and move forward with compliance will help to streamline the process for all parties involved. This bill allow for the scheduled hearings to be cancelled and relieve strain on court resources that would have resulted in the same turnout.”

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

According to the Senate Appropriations Committee:

• DOJ: One-time costs of $128,000 for 1.0 Information Technology Specialist I in FY 2019-20 to add new data field code(s) to the existing GVRO system to accommodate the relinquishment information this bill allows on the firearms forms. (General Fund)
• Courts: Minor and absorbable costs to have court clerks transmit electronic information to DOJ or the non-electronic form to a local law enforcement agency for uploading. (General Fund*)
• Local law enforcement agencies: Likely-minor, potentially-reimbursable costs to upload relinquishment information transmitted by the courts. (General Fund, local funds)

*Trial Court Trust Fund

SUPPORT: (Verified 8/30/19)

Bay Area Student Activists

Los Angeles County District Attorney’s Office

San Diego City Attorney’s Office

OPPOSITION: (Verified 8/30/19)

None received

ASSEMBLY FLOOR: 76-0, 5/2/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk

Prepared by: Stella Choe / PUB. S. /

9/3/19 11:14:17

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1493 (Ting) - Gun violence restraining order: petition

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 30, 2019

Bill Summary:

AB 1493 would allow a person who is the subject of a gun violence restraining order (GVRO) petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

Fiscal Impact:

• Department of Justice (DOJ): One-time costs of $128,000 for 1.0 Information Technology Specialist I in FY 2019-20 to add new data field code(s) to the existing GVRO system to accommodate the relinquishment information this measure would allow on the firearms forms. (General Fund)
• Courts: Minor and absorbable costs to have court clerks transmit electronic information to DOJ or the non-electronic form to a local law enforcement agency for uploading. (General Fund*)
• Local law enforcement agencies: Likely-minor, potentially-reimbursable costs to upload relinquishment information transmitted by the courts. (General Fund, local funds)

*Trial Court Trust Fund

Author Amendments:

Amend to avoid chaptering conflicts with AB 12 (Irwin, 2019).

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1493 (Ting) - Gun violence restraining order: petition

Bill Summary:

AB 1493 would allow a person who is the subject of a gun violence restraining order (GVRO) petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

Fiscal Impact:

• Department of Justice (DOJ): One-time costs of $128,000 for 1.0 Information Technology Specialist I in FY 2019-20 to add new data field code(s) to the existing GVRO system to accommodate the relinquishment information this measure would allow on the firearms forms. (General Fund)
• Courts: Minor and absorbable costs to have court clerks transmit electronic information to DOJ or the non-electronic form to a local law enforcement agency for uploading. (General Fund*)
• Local law enforcement agencies: Likely-minor, potentially-reimbursable costs to upload relinquishment information transmitted by the courts. (General Fund, local funds)

*Trial Court Trust Fund

Background:

A gun violence restraining order, 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 21 days. An ex parte GVRO may be obtained by a law enforcement official or an immediate family member, as defined, and also lasts for 21 days. The ex parte GVRO may be extended by the court to a full GVRO. An order 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 commencing September 1, 2020, authorize the subject of the petition to file a form with the court relinquishing the person’s firearm rights and stating that the person is not contesting the petition. If the subject files that form, the bill would require the court to issue a GVRO, as specified, and to provide notice of the order to all parties.

Additionally, AB 1493 would require the court clerk to enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System, or, if unable to provide the electronic transmission, transmit a copy of the form to a local law enforcement agency, which would be required to submit the form directly into the system, as specified.

Related Legislation:

AB 2526 (Rubio, Ch. 873, Stats. 2018) allowed law enforcement officers to orally obtain temporary emergency GVROs provided they sign a declaration under oath attesting to the facts supporting the request.

SB 1200 (Skinner, Ch. 898, Stats. 2018) made various changes to the GVRO law.

AB 1014 (Skinner, Ch. 873, Stats. 2014) allows the court to issue a GRVO and established the process by which the orders can be obtained.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AB 1493 Hearing Date: June 18, 2019

Subject: Gun Violence Restraining Order: Petition

HISTORY

Source: Author

Prior Legislation: SB 1200 (Skinner), Ch. 898, Stats. 2018

AB 2888 (Ting), vetoed, 2018

AB 2526 (Rubio), Ch. 873, Stats. 2018

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: Bay Area Student Activists; Los Angeles County District Attorney’s Office; San Diego City Attorney’s Office

Opposition: None known

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to authorize a person who is the subject of a gun violence restraining order (GVRO) petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

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.)

Existing law requires a petition for a GVRO to describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition. (Pen. Code, § 18107.)

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 law enforcement officer serving a GVRO shall request that all firearms and ammunition be immediately surrendered. Alternatively, if the request is not made by the 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. (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:

1. 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,
2. 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, subd. (b)(2).)

Existing law allows law enforcement to obtain a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following:

1. The subject of the petition poses an immediate and present danger of causing injury to himself, herself, or another by possessing a firearm; and,
2. 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).)

Existing law states that a law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:

1. If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council;
2. Serve the order on the restrained person, if the restrained person can reasonably be located;
3. File a copy of the order with the court as soon as practicable after issuance; and,
4. Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (DOJ). (Pen. Code, §18140.)

Existing law 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).)

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 an ex parte GVRO to be issued or denied on the same day that the petition is submitted to the court unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next judicial business day. (Pen. Code, § 18150, subd. (d).)

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 date of the scheduled hearing. (Pen. Code, § 18160.)

Existing law states that an ex parte GVRO shall expire no later than 21 days from the date the order is issued. (Pen. Code, § 18155, subd. (c).)

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 provides that if a GVRO is issued after the hearing, the order has a duration of one year, subject to termination by further order of the court at a hearing and renewal by further order of the court. (Pen. Code, § 18175, subd. (d).)

Existing law allows a restrained person to file one written request for a hearing to terminate the order (Pen. Code, §18185) and allows a request for renewal of a GVRO for up to one year (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.)

Existing law requires the Judicial Council to prescribe the form of the petitions and orders and any other documents related to GVROs and promulgate any rules of court necessary to implement the GVRO statutes.

This bill authorizes, starting September 1, 2020, the subject of a GVRO petition to file a form with the court relinquishing the subject’s firearm rights for the duration specified on the GVRO petition or, if not stated in the petition, for one year from the date of the proposed hearing, and stating that the subject is not contesting the petition.

This bill states that if the subject of the petition files this form the court shall issue, without a hearing, the GVRO at least five court days before the scheduled hearing, except if the subject files the form within five court days of the scheduled hearing, the court shall issue the GVRO as soon as possible. The court shall issue notice of the order to all of the parties.

This bill provides that the subject of the GVRO shall surrender all firearms, ammunition and magazines within 48 hours of filing the form to relinquish their firearm rights.

COMMENTS

1. Need for This Bill

According to the author of this bill:

There lacks an option for the subject of a GVRO to communicate to the courts that they will not contest the order. When people are issued a traffic ticket, they have the option to not contest the order and then move forward with paying the fine. Similarly, allowing for the subject of a GVRO to not contest the order through a court form and move forward with compliance will help to streamline the process for all parties involved. This bill allow for the scheduled hearings to be cancelled and relieve strain on court resources that would have resulted in the same turnout.

2. 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. According DOJ:

There are two initial types of GVROs that can, if appropriate, be extended for up to one year. A Temporary Emergency GVRO may only be sought by a law enforcement officer. (Pen. Code, § 18125.) To obtain this order, a court must find (1) that 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; and (2) the 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. (Ibid.)

The second type of GVRO is an Ex Parte GVRO, which may be sought by a law enforcement officer or an immediate family member. In this case, the order is issued if the court finds that (1) the subject of the petition poses a significant danger, in the near future, 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 as determined by considering the factors listed in Penal Code section 18155; and (2) the 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 are inadequate or inappropriate for the circumstances of the subject of the petition. (Pen. Code, § 18150.) Unlike the Temporary Emergency GVRO, this application must be supported by an affidavit that sets forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist. (Ibid.)

. . . .

Within 21 days, and before the temporary GVRO expires, an immediate family member of a person or a law enforcement officer may request that a court, after notice and a hearing, issue a GVRO enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of up to one year.1 (Pen. Code, § 18170 et seq.) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true: (1) the subject of the petition, or a person subject to an Ex Parte GVRO, as applicable, poses a significant 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 GVRO is necessary to prevent personal injury to the subject of the petition, or the person subject to an Ex Parte GVRO, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an Ex Parte GVRO, as applicable. (Pen. Code, § 18175, subd. (b).) If the court finds that there is clear and convincing evidence to issue a GVRO, the court shall issue a GVRO that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. (Pen. Code, § 18175, subd. (c).) If the court finds that there is not clear and convincing evidence to support the issuance of a GVRO, the court shall dissolve any temporary emergency or Ex Parte GVRO then in effect. (Ibid.)

(California DOJ Division of Law Enforcement, Gun Violence Restraining Order Process (Jan. 2019) https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/infobuls/2019-bof-02.pdf.)

This bill would provide a mechanism for the subject of a GVRO to inform the court that they do not contest the GVRO and to voluntarily surrender their firearms and ammunition. Upon receipt of such notice, the court would notify the petitioner and cancel the scheduled hearing.

3. Data on Issuance of GVROs

According to DOJ’s data, 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>.)

Last year, 424 GVROs were issued throughout the state. San Diego County accounted for the majority of the increase with 185 orders issued; the nine Bay Area counties accounted for 53 GVROs with only one issued in San Francisco. (Koseff, California gun confiscations increase sharply under restraining-order law, San Francisco Chronicle (Feb. 10, 2019) < https://www.sfchronicle.com/politics/article/California-gun-confiscations-increase-sharply-13602566.php>.)

4. Argument in Support

According to the Office of the San Diego City Attorney:

As a new public safety tool, it is important to continue fine tuning the GVRO process. Currently, when an order is served, the subject of a GVRO has the option of selling their firearms or relinquishing them to law enforcement. The process is currently missing a step for the subject of a GVRO to communicate to the court that they are willing to cooperate and will not contest the order.

AB 1493 allows for the subject of a GVRO to submit a form to the court communicating that they will not be contesting the order. Adding this simple fix will help to streamline the GVRO process and make it a more effective tool to keep the public safe.

-- END –

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1493

Author:(Ting) – As Amended Ver:March 21, 2019

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

SUMMARY:

This bill authorizes a person subject to a Gun Violence Restraining Order (GVRO) petition to submit a form to the court voluntarily relinquishing the right to own or possess a firearm and affirming the person is not contesting the petition.

FISCAL EFFECT:

Minor and absorbable costs (Trial Court Trust Fund/GF) to the trial courts to create a form for voluntary relinquishment of firearms rights and to process those forms in association with GVRO petitions.

COMMENTS:

1. Purpose. According to the author:

The GVRO process can be streamlined by creating a form that the subject of a GVRO can submit to the court, expressing their willingness to cooperate.

1. Background. California's GVRO laws went into effect on January 1, 2016. Once a GVRO is issued against a person, it prohibits the person from purchasing or possessing firearms or ammunition and authorizes law enforcement to remove any firearms or ammunition already in the individual's possession. Since 2016, the number of GVROs issued in the state has been low, but there does appear to be increase in their use from year to year.
   
   According to data provided by the Department of Justice (DOJ), fewer than 100 GVROs were issued statewide in 2016 and only slightly more than 100 were issued in 2017. Last year, approximately 420 GVROs issued throughout the state. San Diego County accounted for more than 200 GVRO; 31 were issued in Los Angeles and exactly one was issued in San Francisco. According to DOJ data, a GVRO has never been used in 20 of California’s 58 counties
2. Related Legislation.
   1. AB 61 (Ting) would authorize an employer, a coworker or an employee of a secondary or postsecondary school that the person has attended in the last six months to file a petition for an ex parte, one-year or renewed gun violence restraining order. AB 61 failed passage in the Assembly Committee of Public Safety and has been granted reconsideration.
   2. AB 339 (Irwin) would require each law enforcement agency to develop, adopt and implement written policies and standards relating to gun violence restraining orders on or before January 1, 2021. AB 339 is pending in this Committee.
      

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: April 9, 2019

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1493

Author:(Ting) – As Amended Ver:March 21, 2019

SUMMARY:

Authorizes the subject of a Gun Violence Restraining Order petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

EXISTING LAW:

1. 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.)
   
2. Requires, upon issuance of a GVRO, the court to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns. (Pen. Code, § 18120, subd. (b)(1).)
   
3. Allows an immediate family member of a person or a law enforcement officer to file a petition requesting that the court issue an ex parte GVRO, that expires no later than 21 days from the date of the order, enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (Pen. Code, §§ 18150 and 18155, subd. (c).)
   
4. States that the court, before issuing an ex parte GVRO, shall examine on oath, the petitioner and any witness the petitioner may produce, or in lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath. (Pen. Code, § 18155, subd. (a).)
   
5. Requires a showing that the subject of the petition poses a significant danger, in the near future, of personal injury to himself or herself, or to another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering specified factors, and that less restrictive alternatives have been ineffective, or are inappropriate for the situation, before an ex parte gun violence restraining order may be issued. (Pen. Code, § 18150, subd. (b).)
   
6. Specifies in determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
   
   1. A recent threat of violence or act of violence by the subject of the petition directed toward another;
      
   2. A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself;
      
   3. A violation of an emergency protective order that is in effect at the time the court is considering the petition;
      
   4. A recent violation of an unexpired protective order;
      
   5. A conviction for any specified offense resulting in firearm possession restrictions; or,
      
   6. A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another. (Pen. Code, § 18155, subd. (b)(1).)
      
7. States that an ex parte gun violence restraining order shall be personally served on the restrained person by a law enforcement officer, or any person who is at least 18 years of age and not a party to the action, if the restrained person can reasonably be located. When serving a gun violence restraining order, a law enforcement officer shall inform the restrained person of the hearing that will be scheduled to determine whether to issue a gun violence restraining order. (Pen. Code, § 18160, subd. (b).)
   
8. Requires, within 21 days from the date an ex parte gun violence restraining order was issued, before the court that issued the order or another court in the same jurisdiction, the court to hold a hearing to determine if a gun violence restraining order should be issued. (Pen. Code, § 18160, subd. (c).)
   
9. Allows an immediate family member of a person or a law enforcement officer to request a court, after notice and a hearing, to issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. (Pen. Code, § 18170.)
   
10. States at the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:
    
    1. The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself or herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and
       
    2. A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances. (Pen. Code, § 18175, subd. (b)(1) & (2).)
11. Provides if the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect. (Pen. Code, § 18175, subd. (c)(1) & (2)
    
12. Requires the court to inform the restrained person that he or she is entitled to one hearing to request a termination of the gun violence restraining order and provide the restrained person with a form to request a hearing. (Pen. Code, § 18180, subd. (b).)
    
13. States that it is a misdemeanor offense for every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass. (Pen. Code, § 18200.)
    
14. Provides that it is a misdemeanor offense for every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and he or she shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (Pen. Code, § 18205.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 1014 (Skinner, 2014) created the system for gun violence restraining orders. In the three years since the program has been implemented, 424 GVROs have been issued. As people recognize the protections that GVROs can provide, it is important that we continue to improve the process. In complying with a GVRO, people have a few options such as selling the firearms, storing them with an approved facility, or relinquishing them to law enforcement. However, the availability and clarity of these options can change from county to county. The GVRO process can be streamlined by creating a form that the subject of a GVRO can submit to the court, expressing their willingness to cooperate.”
   
2. Gun Violence Restraining Orders: California's GVRO laws went into effect on January 1, 2016. Once a GVRO issued against a person it prohibits him or her 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: 1) a temporary emergency GVRO, 2) an ex-parte GVRO, and 3) a GVRO issued after notice and hearing. All three GVROs prohibit the subject of the order from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition.

A law enforcement officer may seek a temporary emergency GVRO from a judicial officer orally or by submitting a written petition to a judicial officer. The officer must assert and the judicial officer must find that there is reasonable cause to believe two things. First, the subject of the order poses an immediate and present danger to him or herself by virtue of access to a firearm or ammunition. Second, the temporary emergency order is necessary to prevent injury to the subject of the order or another because alternative solutions have proved ineffective or are otherwise inadequate or inappropriate. A temporary emergency GVRO expires 21 days after it is issued. Within those 21 days, there must be a hearing to determine whether a more permanent GVRO should be issued.

An immediate family member or a law enforcement officer can petition for an ex parte GVRO. 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 up to 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. A GVRO after notice and hearing has been provided to the person to be restrained can last for up to one year.

1. Prevalence of Gun Violence Restraining Orders Statewide: Since 2016, the number of GVROs issued in the State has been low, but there does appear to be increase in their use from year to year. According to data provided by the Department of Justice (DOJ), fewer than 100 GVROs were issued statewide in 2016 and only slightly more than 100 were issued in 2017. Last year, approximately 420 GVROs issued throughout the state. San Diego County accounted for more than 200 GVROs; 31 were issued in Los Angeles, and exactly one was issued in San Francisco. According to DOJ data, a GVRO has never been used in 20 of California’s 58 counties.
   
2. Related Legislation:
   1. AB 339 (Irwin), would require each law enforcement agency to develop, adopt, and implement written policies and standards relating to gun violence restraining orders on or before January 1, 2021. AB 339 is currently in the Assembly Appropriations Committee.
   2. AB 61 (Ting), would authorize an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last six months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. AB 61 failed passage in the Assembly Committee of Public Safety and has been granted reconsideration.
3. Prior Legislation:
   
   1. AB 2526 (Rubio), Chapter 873, Statutes of 2018, allowed law enforcement officers to orally obtain temporary emergency gun violence restraining orders provided they sign a declaration under oath attesting to the facts supporting the request.
   2. SB 1331 (Skinner), Chapter 137, Statutes of 2018, required POST to include training on procedures and techniques for assessing lethality or signs of lethal violence in domestic violence situations.
   3. SB 1200 (Skinner), Chapter 898, Statutes of 2018, made various changes to the GVRO laws in order to address a variety issues that had surfaced since the GVRO was established.
   4. AB 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

Opposition

None

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744