AB 2907: Firearms: restrained persons.

Existing law provides for the issuance of various temporary restraining orders, restraining orders, and injunctions. Under existing law, persons who are subject to these orders are prohibited from purchasing, owning, or possessing firearms or ammunition. Existing law requires a restrained person who owns or possesses firearms or ammunition to relinquish these items under specified timeframes pursuant to a prescribed procedure.

This bill would enact similar restriction and relinquishment procedures for persons who are the subject of specified criminal protective orders issued in domestic violence convictions.

This bill would also require the arresting officer in domestic violence cases to question the arrestee, the victim, and other household members about any firearms or ammunition owned or possessed by the arrestee, to query a specified database to find any firearms owned or possessed by the arrestee, and to ensure that any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search is taken into temporary custody. The bill would require the officer to document these actions and to provide the information, as specified, to the district attorney or prosecutor.

By requiring new duties of local law enforcement officers, this bill would impose a state-mandated local program.

This bill would also require the court, when determining the length of a criminal protective order, to consider this information from the arresting officer.

This bill would incorporate additional changes to Section 273.5 of the Penal Code proposed by AB 2308 to be operative only if this bill and AB 2308 are enacted and this bill is enacted last.

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

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