AB 732: Crimes: relinquishment of firearms.

Existing law prohibits a person who has been convicted of a felony or of specified misdemeanors from owning, purchasing, receiving, or possessing a firearm for specified periods of time. Existing law, as enacted by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires any defendant subject to this prohibition to relinquish any firearm that they own or possess within 5 days of conviction if not in custody after a conviction, as specified, and provides a procedure for the verification and enforcement of this requirement. Existing law also requires that, if the defendant is in custody following a conviction, the defendant must relinquish any firearms within 14 days, as specified. Existing law also authorizes the court to shorten or enlarge the time period for relinquishment of a firearm with good cause.

Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act.

This bill would amend Proposition 63 by requiring a defendant not in custody to relinquish their firearms within 48 hours.

Existing law requires a court to assign a probation officer when a defendant is convicted of a crime that would prohibit them from owning, purchasing, receiving, or possessing a firearm. Existing law requires the assigned probation officer to, prior to the final disposition or sentencing in the case, report to the court whether the defendant complied with the requirement to relinquish their firearms and file the proper paperwork providing proof of relinquishment. Existing law also requires that the court make findings on whether the probation officers report indicates compliance by the defendant. If the court finds probable cause that the defendant failed to relinquish their firearms, existing law authorizes the court to order for the search and removal of any firearms at any location where the judge has probable cause to believe the firearms are located.

This bill would require the probation officer to also provide their report on defendant compliance to the prosecuting attorney. The bill would also require the court, after a warrant request has been submitted, to order a search warrant for the search and removal of any firearms if the court finds probable cause that the defendant failed to relinquish their firearms, as specified, or to extend the time for providing proof of relinquishment to 14 days for good cause. The bill would further require the court to refer the matter to the prosecuting attorney and set a status review within 14 days if it finds that additional investigation is needed. By placing additional requirements on county probation officers, this bill would impose a state-mandated local program.

Existing law requires a law enforcement agency to retain a firearm relinquished by a defendant after a conviction of an offense that would prohibit them from owning a firearm for 30 days. Once the 30-day period expires, existing law authorizes the agency to destroy, retain, sell, or transfer the firearm, except as specified.

This bill would remove the authorization for the law enforcement agency to sell the relinquished firearm.

Existing law requires the Attorney General to establish and maintain an online database known as the Prohibited Armed Persons File, also referred to as the Armed Prohibited Persons System (APPS), to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law requires the Attorney General to keep and properly file a complete record of, among other things, copies of fingerprints, copies of licenses to carry firearms, as specified, and dealers records of firearms sales.

This bill would require the Department of Justice to provide local law enforcement agencies and the district attorney access through an electronic portal to information regarding individuals residing in their jurisdiction listed in the APPS who have not provided proof of relinquishment of firearms registered in their name. The bill would require each local agency to designate a person to access or receive the information and would require the agency to report to the department the steps taken to verify the individual is no longer in possession of the registered firearm. The bill would require the Attorney General to keep and properly file a complete record of reports or information provided to the department pursuant to that reporting requirement. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.

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

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

This bill would incorporate additional changes to Section 11106 of the Penal Code proposed by SB 368 to be operative only if this bill and SB 368 are enacted and this bill is enacted last.

This bill would also incorporate additional changes to Section 29810 of the Penal Code proposed by AB 733 to be operative only if this bill and AB 733 are enacted and this bill is enacted last.