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:
Section 18120 of the Penal Code is amended to
(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
begin 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 or
begin delete owns.end delete
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, by
begin 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 licensed
begin delete gun dealer, as specified in Article 1 The law enforcement officer or licensed
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 delete gunend delete
11 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
20 to a licensed
begin delete gunend delete 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
begin delete and who does not wish to have the firearm or firearms is entitled to sell or transfer
39or ammunition returnedend delete
begin delete title ofend delete any
P4 1firearms or ammunition to a licensed dealer 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.
Section 29830 of the Penal Code is amended to read:
(a) Any person who is prohibited from owning or
15possessing a firearm pursuant to this article, or who
16is prohibited from owning or possessing a firearm
17 pursuant to any other law, may transfer or cause to be transferred,
18any firearm or firearms 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
24(b) A firearms dealer who stores a firearm or firearms pursuant to subdivision (a), may charge the owner a
26 fee for the storage of the firearm or
begin delete firearms.end delete
28(c) A firearms dealer who stores a firearm or firearms pursuant to subdivision (a)
shall notify the Department
30of Justice of the date that the firearms dealer has taken possession
31of the firearm or
begin delete firearms.end delete
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.
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.