BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                       AB 1014|
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                                    THIRD READING

          Bill No:  AB 1014
          Author:   Skinner (D), Williams (D), et al.
          Amended:  8/18/14 in Senate
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 6/24/14
          AYES:  Hancock, De León, Liu, Mitchell, Steinberg
          NOES:  Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines
          ASSEMBLY FLOOR  :  55-17, 5/31/13 - See last page for vote

           SUBJECT  :    Gun violence restraining orders

           SOURCE  :     Author

           DIGEST  :    This bill authorizes a law enforcement officer or  
          immediate family member of a person, to seek, and a court to  
          issue, a gun violence restraining order (GVRO), as specified,  
          prohibiting a person from having in his/her custody or control,  
          owning, purchasing, possessing, or receiving any firearms or  
          ammunition, as specified.

           ANALYSIS  :    Existing federal law provides that certain people  
          are prohibited from owning or possessing a firearm:
          Any person who:


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           1. Has been convicted in any court of, a crime punishable by  
             imprisonment for a term exceeding one year.

           2. Is a fugitive from justice.

           3. Is an unlawful user of or addicted to any controlled  
             substance, as defined.

           4. Has been adjudicated as a mental defective or who has been  
             committed to a mental institution.

           5. Being an alien:

              A.    Is illegally or unlawfully in the U.S.; or

              B.    Except as specified, has been admitted to the U.S.  
                under a nonimmigrant visa, as defined.  

           6. Has been discharged from the Armed Forces under dishonorable  

           7. Having been a citizen of the United States, has renounced  
             his citizenship.

           8. Is subject to a court order that:

              A.    Was issued after a hearing of which such person  
                received actual notice, and at which such person had an  
                opportunity to participate.

              B.    Restrains such person from harassing, stalking, or  
                threatening an intimate partner of such person or child of  
                such intimate partner or person, or engaging in other  
                conduct that would place an intimate partner in reasonable  
                fear of bodily injury to the partner or child:
                 (1)      Includes a finding that such person represents a  
                   credible threat to the physical safety of such intimate  
                   partner or child; or

                 (2)      By its terms explicitly prohibits the use,  
                   attempted use, or threatened use of physical force  
                   against such intimate partner or child that would  



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                   reasonably be expected to cause bodily injury.
           1. Has been convicted in any court of a misdemeanor crime of  
             domestic violence.  

          Existing state law provides that certain people are prohibited  
          from owning or possessing a firearm.  This includes:

            1. Lifetime Ban

               A.    Anyone convicted of a felony;

              B.    Anyone addicted to a narcotic drug;

              C.    Any juvenile convicted of a violent crime with a gun  
                and tried in adult court;

              D.    Any person convicted of a federal crime that would be  
                a felony in California and sentenced to more than 30 days  
                in prison, or a fine of more than $1,000; and

              E.    Anyone convicted of certain violent misdemeanors,  
                e.g., assault with a firearm; inflicting corporal injury  
                on a spouse or significant other, brandishing a firearm in  
                the presence of a police officer.  

            1. 10 Year Ban

              Anyone convicted of numerous misdemeanors involving violence  
             or threats of violence.  

            2. Five Year Ban

              Any person taken into custody, assessed, and admitted to a  
             designated facility due to that person being found to be a  
             danger to themselves or others as a result of a mental  
             disorder, is prohibited from possessing a firearm during  
             treatment and for five years from the date of their  

            3. Temporary Bans

              Persons who are bound by a temporary restraining order or  
             injunction or a protective order issued under the Family Code  



                                                                    AB 1014

             or the Welfare and Institutions Code, may be prohibited from  
             firearms ownership for the duration of that court order.

          This bill establishes a system authorizing persons to seek, and  
          the courts to issue, various types of GVROs, as follows:

           1. Defines a "gun violence restraining order" as an order, in  
             writing, signed by the court, prohibiting and enjoining a  
             named person from having in his/her custody or control,  
             owning, purchasing, possessing, or receiving any firearms or  

           2. Requires the Judicial Council to prescribe the form of  
             petitions and orders and any other documents, and shall  
             promulgate any rules of the court necessary for  

           3. Requires the court to notify the Department of Justice  
             (DOJ), district attorney and law enforcement agency when a  
             GVRO has been issued or renewed no later than one court day  
             after issuing or renewing the order.

           4. Requires the court to notify the DOJ, district attorney and  
             law enforcement agency when a GVRO has been dissolved or  
             terminated no later than five court days after dissolving or  
             terminating the order.

           5. Requires notices submitted to the DOJ to be submitted in  
             electronic format.

           6. Provides for the following three types of GVROs:

              A.    A temporary emergency GVRO - 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 that a person poses an immediate and present  
                danger of causing personal injury to himself, herself, or  
                others by having in his/her custody or control, owning,  
                purchasing, possessing, or receiving firearms.

                 (1)      Prohibits the person from having in his/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  



                                                                    AB 1014

                   the date of the order.

                 (2)      Requires the law enforcement officer who  
                   requested the emergency GVRO to serve the order on the  
                   restrained person and enter into the DOJ computer  
                   database system for protective and restraining orders.

                 (3)      Requires the courts to designate at least one  
                   judge, commissioner, or referee to be reasonably  
                   available to issue emergency GVROs at all times,  
                   whether or not court is in session.

              A.    Ex parte GVRO - may be requested by an immediate  
                family member of a person or a law enforcement officer by  
                filing a petition requesting the court issue an order  
                enjoining the person from having in his/her custody or  
                control, owning, purchasing, possessing, or receiving a  
                firearm or ammunition.

                 (1)      Authorizes a court to issue an ex parte GVRO if  
                   the petition is supported by a written and signed  
                   affidavit, as specified, showing that there is a  
                   substantial likelihood that the person will, in the  
                   near future, cause personal injury to himself/herself  
                   or another by having in his/her custody or control,  
                   owning, purchasing, possessing or receiving a firearm.

                 (2)      Requires an ex parte GVRO to be issued or denied  
                   on the same day the petition is submitted to the court,  
                   or no later than the next day of judicial business  
                   under specified circumstances.

                 (3)      Provides for numerous factors for the court to  
                   consider prior to issuing an ex parte GVRO.

                 (4)      Provides that the ex parte GVRO expires no later  
                   than 21 days from the date of the order.

                 (5)      Provides for a scheduled hearing to be held  
                   within 21 days of the order to determine if a more  
                   permanent GVRO should be issued.  Failure to appear  
                   could result in an order valid for one year.

              A.    GVRO issued after notice and hearing - may be  



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                requested by an immediate family member of a person or a  
                law enforcement officer, which would enjoin the person  
                from having in his/her custody or control, owning,  
                purchasing, possessing, or receiving a firearm or  
                ammunition for a period of one year.

                 (1)      Provides that at the hearing, the petitioner has  
                   the burden of proving by clear and convincing evidence  
                   that there is a substantial likelihood that the person  
                   will cause personal injury to himself/herself or others  
                   by having in his/her custody or control, owning,  
                   purchasing, possessing, or receiving a firearm.

                 (2)      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 GVROs  
                   or ex parte GVROs in effect.

                 (3)      GVROs may be renewed for one year by further  
                   order of the court.

                 (4)      Provides that the restrained person is entitled  
                   to one hearing to request a termination of the order,  
                   and the court is to provide a form to request such a  

                 (5)      Provides that an immediate family member of the  
                   restrained person or a law enforcement officer may  
                   request a renewal of a GVRO at any time within the  
                   three months before expiration of a GVRO.

           1. Makes it a misdemeanor for a person to file a petition for a  
             GVRO knowing the information to be false or with the intent  
             to harass. 

           2. Makes it a misdemeanor for a person to violate a GVRO, and  
             prohibits the person from having firearms or ammunition for a  
             five-year period, to commence upon the expiration of the  
             existing GVRO.

           3. Mandates that if a specified peace officer is serving a  
             GVRO, that officer shall take temporary custody of any  
             firearm or other deadly weapon in plain sight or discovered  
             pursuant to a lawful search, and adds DOJ peace officers to  



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             the list of persons required to take temporary custody of  
             firearms in these situations.

           4. Provides that a search warrant may be issued when the  
             property or things to be seized are firearms or ammunition  
             that are in the custody or control of, or is owned or  
             possessed by, a person who is the subject of a GVRO.

           5. Provides upon issuance of a GVRO, the court shall order the  
             restrained person to surrender to the local law enforcement  
             agency any firearms or ammunition in the person's custody or  
             control, or which the restrained person owns or possesses.

           6. Provides that if the surrender is not requested by a law  
             enforcement agency, the surrender must occur within 24 hours  
             of being served the order, to the law enforcement agency or  
             by selling the firearms or ammunition to a licensed gun  
             dealer, as specified.

           7. Requires the firearms or ammunition surrendered to a law  
             enforcement agency to be retained until the expiration of the  

           8. Contains double-jointing language with SB 1154 (Hancock).

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

          According to the Senate Appropriations Committee:

             One-time significant costs potentially in excess of $250,000  
             (General Fund*) to the Judicial Council to develop forms,  
             instructions, standards, and procedures.

             Potentially significant ongoing costs to the trial courts,  
             potentially in the hundreds of thousands to low millions of  
             dollars (General Fund*) to hold hearings, issue warrants, and  
             issue gun violence restraining orders.  Actual costs would be  
             dependent of the volume of petitions filed by law enforcement  
             and family members.

             One-time and ongoing costs of about $200,000 (General Fund)  
             to DOJ to upgrade automation systems to accommodate the new  
             information, provide training to various entities to  



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             facilitate the process of submittal, recording, and tracking  
             of gun violence restraining order status.

             Ongoing potentially significant state-reimbursable costs  
             (General Fund) for law enforcement to retain surrendered  
             firearms and ammunition during the restraining order period,  
             issue a receipt to the restrained person at the time of  
             surrender, and serve ex parte restraining orders.

             Non-reimbursable local law enforcement agency costs for  
             enforcement and incarceration, offset to a degree by fine  
             revenue for misdemeanor violations of the provisions of this  

          *Trial Court Trust Fund

           SUPPORT  :   (Verified  8/15/14)

          Alameda County Board of Supervisors
          Alameda County District Attorney Nancy O'Malley
          American College of Emergency Physicians - California Chapter
          Brady Campaign to Prevent Gun Violence - California Chapters 
          Brady Campaign to Prevent Gun Violence - Orange County Chapter
          California Democratic Party
          California Partnership to End Domestic Violence
          California Police Chiefs Association
          California Psychiatric Association
           Cities of Berkeley, Long Beach, Los Angeles, Oakland,   
            Sacramento, and Santa Barbara 
          Coalition Against Gun Violence - Santa Barbara
          Coalition to Stop Gun Violence
          Courage Campaign
          Disability Rights California
          Everytown for Gun Safety
          Friends Committee on Legislation
          Law Center to Prevent Gun Violence 
          Los Angeles City Attorney Mike Feuer
          Nevada County Suicide Prevention Taskforce
          Physicians for Social Responsibility - Sacramento Chapter
          Physicians for Social Responsibility - San Francisco-Bay Area  
          Santa Barbara Chief of Police, Cam Sanchez
          Santa Barbara County Board of Supervisors
          Santa Barbara County District Attorney Joyce Dudley



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          University of California Student Association
          Ventura County Board of Supervisors
          Violence Prevention Coalition of Greater Los Angeles
          Violence Prevention Coalition of Orange County
          Women Against Gun Violence
          Youth Alive!

           OPPOSITION  :    (Verified  8/15/14)

          California Association of Federal Firearms Licensees
          California Sportsman's Lobby
          Department of Finance
          Gun Owners of California
          Outdoor Sportsmen's Coalition of California
          Safari Club International
          Taxpayers for improving Public Safety

           ARGUMENTS IN SUPPORT  :    The California Police Chiefs  
          Association writes, "AB 1014, modeled on our state's domestic  
          violence restraining order laws, provides family members and law  
          enforcement with important new legal tools.  AB 1014 allows for  
          the removal of firearms from individuals who are at risk for  
          committing acts of violence.  It establishes a process for  
          obtaining a Gun Violence Restraining Order (GVRO) from a court  
          in order to temporarily limit (for one year, unless renewed) the  
          individual's access to firearms when there are warning signs or  
          indications that the person is at risk for violence."

           ARGUMENTS IN OPPOSITION  :    Safari Club International writes,  
          "The functional equivalent of what this bill proposes can  
          already be accomplished under existing law without the  
          additional costs that would result from AB 1014.  It is better  
          to utilize and enforce existing laws than to add another  
          unnecessary layer of statute."  

           ASSEMBLY FLOOR  :  55-17, 5/31/13
          AYES:  Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,  
            Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez,  
            Gonzalez, Gordon, Gray, Hall, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Lowenthal, Medina, Mitchell, Mullin,  
            Muratsuchi, Nazarian, Pan, V. Manuel Pérez, Quirk,  



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            Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Weber,  
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Allen, Bigelow, Conway, Dahle, Donnelly, Hagman, Harkey,  
            Jones, Logue, Maienschein, Mansoor, Melendez, Morrell,  
            Nestande, Olsen, Patterson, Waldron
          NO VOTE RECORDED:  Chávez, Gorell, Grove, Holden, Perea, Wagner,  
            Wilk, Vacancy

          JG:k  8/17/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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