California Legislature—2015–16 Regular Session

Assembly BillNo. 950


Introduced by Assembly Member Melendez

(Principal coauthor: Senator Pan)

February 26, 2015


An act to amend Sections 18120 and 29830 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 950, as introduced, Melendez. Firearms: gun violence restraining orders.

Existing law allows an immediate family member or a law enforcement officer to request a court to issue a gun violence restraining order to enjoin a person from owning or possessing a firearm or ammunition for a period of one year upon a showing that the person poses a significant danger of personal injury to himself, herself, or another and that a gun violence restraining order is necessary to prevent that injury. Existing law requires a person who is subject to a gun violence restraining order to surrender his or her firearms and ammunition immediately upon request of any law enforcement officer. If no request is made, existing law requires the person to surrender his or her firearms or ammunition to a local law enforcement agency or to sell his or her firearms or ammunition to a licensed firearms dealer within 24 hours.

Existing law allows any person who is prohibited from owning or possessing a firearm to transfer his or her firearms to a licensed firearms dealer for the duration of the prohibition.

This bill would allow a person who is subject to a gun violence restraining order to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. If the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. The bill would additionally provide for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition. By imposing additional 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 these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 18120 of the Penal Code is amended to
2read:

3

18120.  

(a) A person subject to a gun violence restraining order
4issued pursuant to this division shall not have in his or her custody
5or control, own, purchase, possess, or receive any firearms or
6ammunition while that order is in effect.

7(b) (1) Upon issuance of a gun violence restraining order issued
8pursuant to this division, the court shall order the restrained person
9to surrenderbegin delete to the local law enforcement agencyend delete all firearms and
10ammunition in the restrained person’s custody or control, or which
11the restrained person possesses orbegin delete owns.end deletebegin insert owns pursuant to
12paragraph (2).end insert

13(2) The surrender ordered pursuant to paragraph (1) shall occur
14by immediately surrendering all firearms and ammunition in a safe
15manner, upon request of any law enforcement officer, to the control
16of the officer, after being served with the restraining order. A law
17enforcement officer serving a gun violence restraining order that
18indicates that the restrained person possesses any firearms or
19ammunition shall request that all firearms and ammunition be
20immediately surrendered. Alternatively, if no request is made by
P3    1a law enforcement officer, the surrender shall occur within 24
2hours of being served with the order, bybegin delete eitherend delete surrendering all
3firearms and ammunition in a safe manner to the control of the
4local law enforcement agency,begin delete or byend delete selling all firearms and
5ammunition to a licensedbegin delete gun dealer, as specified in Article 1
6(commencing with Section 26700) and Article 2 (commencing
7with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
86 of the Penal Code.end delete
begin insert firearms dealer, or transferring all firearms
9and ammunition to a licensed firearms dealer in accordance with
10Section 29830.end insert
The law enforcement officer or licensedbegin delete gunend delete
11begin insert firearmsend insert dealer taking possession of any firearms or ammunition
12pursuant to this subdivision shall issue a receipt to the person
13surrendering the firearm or firearms or ammunition or both at the
14time of surrender. A person ordered to surrender all firearms and
15ammunition pursuant to this subdivision shall, within 48 hours
16after being served with the order, do both of the following:

17(A) File with the court that issued the gun violence restraining
18order the original receipt showing all firearms and ammunition
19have been surrendered to a local law enforcement agency or sold
20begin insert or transferredend insert to a licensedbegin delete gunend deletebegin insert firearmsend insert dealer. Failure to timely
21file a receipt shall constitute a violation of the restraining order.

22(B) File a copy of the receipt described in subparagraph (A)
23with the law enforcement agency that served the gun violence
24restraining order. Failure to timely file a copy of the receipt shall
25constitute a violation of the restraining order.

26(c) (1) Any firearms or ammunition surrendered to a law
27enforcement officer or law enforcement agency pursuant to this
28section shall be retained by the law enforcement agency until the
29expiration of any gun violence restraining order that has been
30issued against the restrained person. Upon expiration of any order,
31any firearms or ammunition shall be returned to the restrained
32person in accordance with the provisions of Chapter 2
33(commencing with Section 33850) of Division 11 of Title 4.
34Firearms or ammunition that are not claimed are subject to the
35requirements of Section 34000.

36(2) A restrained person who owns any firearms or ammunition
37that are in the custody of a law enforcement agency pursuant to
38this sectionbegin delete and who does not wish to have the firearm or firearms
39or ammunition returnedend delete
is entitled to sellbegin insert any firearms or
40ammunition to a licensed firearms dealerend insert
or transferbegin delete title ofend delete any
P4    1firearms or ammunition to a licensedbegin insert firearmsend insert dealerbegin insert in accordance
2with Section 29830,end insert
provided that the firearm or firearms or
3ammunition are otherwise legal to own or possess and the
4restrained person otherwise has right to title of the firearm or
5firearms or ammunition.

6(d) If a person other than the restrained person claims title to
7any firearms or ammunition surrendered pursuant to this section,
8and he or she is determined by the law enforcement agency to be
9the lawful owner of the firearm or firearms or ammunition, the
10firearm or firearms or ammunition shall be returned to him or her
11pursuant to Chapter 2 (commencing with Section 33850) of
12Division 11 of Title 4.

13

SEC. 2.  

Section 29830 of the Penal Code is amended to read:

14

29830.  

(a) Any person who is prohibited from owning or
15possessing a firearmbegin insert or ammunitionend insert pursuant to this article, or who
16is prohibited from owning or possessing a firearmbegin insert or ammunitionend insert
17 pursuant to any other law, may transfer or cause to be transferred,
18any firearm or firearmsbegin insert or ammunitionend insert in his or her possession, or
19of which he or she is the owner, to a firearms dealer licensed
20pursuant to Section 26700 to 26915, inclusive, for storage during
21the duration of the prohibition, if the prohibition on owning or
22 possessing the firearm will expire on a date specified in the court
23order.

24(b) A firearms dealer who stores a firearm or firearmsbegin insert or
25ammunitionend insert
pursuant to subdivision (a), may charge the owner a
26begin insert reasonableend insert fee for the storage of the firearm orbegin delete firearms.end deletebegin insert firearms
27or ammunition.end insert

28(c) A firearms dealer who stores a firearm or firearmsbegin insert or
29ammunitionend insert
pursuant to subdivision (a) shall notify the Department
30of Justice of the date that the firearms dealer has taken possession
31of the firearm orbegin delete firearms.end deletebegin insert firearms or ammunition.end insert

32(d) Any firearm that is returned by a dealer to the owner of the
33firearm pursuant to this section shall be returned in accordance
34with the procedures set forth in Section 27540 and Article 1
35(commencing with Section 26700) and Article 2 (commencing
36with Section 26800) of Chapter 2 of Division 6.

37

SEC. 3.  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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