Amended in Senate June 30, 2015

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 Sectionsbegin delete 18120 and 29830end deletebegin insert 18120, 29830, and 33880end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 950, as amended, 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.

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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.

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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.

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Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner.

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This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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
P3    1or control, own, purchase, possess, or receive any firearms or
2ammunition while that order is in effect.

3(b) (1) Upon issuance of a gun violence restraining order issued
4pursuant to this division, the court shall order the restrained person
5to surrender all firearms and ammunition in the restrained person’s
6custody or control, or which the restrained person possesses or
7owns pursuant to paragraph (2).

8(2) The surrender ordered pursuant to paragraph (1) shall occur
9by immediately surrendering all firearms and ammunition in a safe
10manner, upon request of any law enforcement officer, to the control
11of the officer, after being served with the restraining order. A law
12enforcement officer serving a gun violence restraining order that
13indicates that the restrained person possesses any firearms or
14ammunition shall request that all firearms and ammunition be
15immediately surrendered. Alternatively, if no request is made by
16a law enforcement officer, the surrender shall occur within 24
17hours of being served with the order, by surrendering all firearms
18and ammunition in a safe manner to the control of the local law
19enforcement agency, selling all firearms and ammunition to a
20licensed firearms dealer, or transferring all firearms and
21ammunition to a licensed firearms dealer in accordance with
22Section 29830. The law enforcement officer or licensed firearms
23dealer taking possession of any firearms or ammunition pursuant
24to this subdivision shall issue a receipt to the person surrendering
25the firearm or firearms or ammunition or both at the time of
26surrender. A person ordered to surrender all firearms and
27ammunition pursuant to this subdivision shall, within 48 hours
28after being served with the order, do both of the following:

29(A) File with the court that issued the gun violence restraining
30order the original receipt showing all firearms and ammunition
31have been surrendered to a local law enforcement agency or sold
32or transferred to a licensed firearms dealer. Failure to timely file
33a receipt shall constitute a violation of the restraining order.

34(B) File a copy of the receipt described in subparagraph (A)
35with the law enforcement agency that served the gun violence
36restraining order. Failure to timely file a copy of the receipt shall
37constitute a violation of the restraining order.

38(c) (1) begin deleteAny end deletebegin insertExcept as provided in paragraph (2), any end insertfirearms
39or ammunition surrendered to a law enforcement officer or law
40enforcement agency pursuant to this section shall be retained by
P4    1the law enforcement agency until the expiration of any gun violence
2restraining order that has been issued against the restrained person.
3 Upon expiration of any order, any firearms or ammunition shall
4be returned to the restrained person in accordance with the
5provisions of Chapter 2 (commencing with Section 33850) of
6Division 11 of Title 4. Firearms or ammunition that are not claimed
7are subject to the requirements of Section 34000.

8(2) A restrained person who owns any firearms or ammunition
9that are in the custody of a law enforcement agency pursuant to
10this section is entitled to sell any firearms or ammunition to a
11licensed firearms dealer or transfer any firearms or ammunition
12to a licensed firearms dealer in accordance with Section 29830,
13provided that the firearm or firearms or ammunition are otherwise
14legal to own or possess and the restrained person otherwise has
15right to title of the firearm or firearms or ammunition.

16(d) If a person other than the restrained person claims title to
17any firearms or ammunition surrendered pursuant to this section,
18and he or she is determined by the law enforcement agency to be
19the lawful owner of the firearm or firearms or ammunition, the
20firearm or firearms or ammunition shall be returned to him or her
21pursuant to Chapter 2 (commencing with Section 33850) of
22Division 11 of Title 4.

23

SEC. 2.  

Section 29830 of the Penal Code is amended to read:

24

29830.  

(a) Any person who is prohibited from owning or
25possessing a firearm or ammunition pursuant to this article, or who
26is prohibited from owning or possessing a firearm or ammunition
27pursuant to any other law, may transfer or cause to be transferred,
28any firearm or firearms or ammunition in his or her possession, or
29of which he or she is the owner, to a firearms dealer licensed
30pursuant to Section 26700 to 26915, inclusive, for storage during
31the duration of the prohibition, if the prohibition on owning or
32 possessing the firearm will expire on a date specified in the court
33order.

34(b) A firearms dealer who stores a firearm or firearms or
35ammunition pursuant to subdivision (a), may charge the owner a
36reasonable fee for the storage of the firearm or firearms or
37ammunition.

38(c) A firearms dealer who stores a firearm or firearms or
39ammunition pursuant to subdivision (a) shall notify the Department
P5    1of Justice of the date that the firearms dealer has taken possession
2of the firearm or firearms or ammunition.

3(d) Any firearm that is returned by a dealer to the owner of the
4firearm pursuant to this section shall be returned in accordance
5with the procedures set forth in Section 27540 and Article 1
6(commencing with Section 26700) and Article 2 (commencing
7with Section 26800) of Chapter 2 of Division 6.

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8

SEC. 3.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.

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13begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 33880 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

14

33880.  

(a) A city, county, or city and county, or a state agency
15may adopt a regulation, ordinance, or resolution imposing a charge
16equal to its administrative costs relating to the seizure, impounding,
17storage, or release of abegin delete firearm.end deletebegin insert firearm or ammunition.end insert

18(b) The fee under subdivision (a) shall not exceed the actual
19costs incurred for the expenses directly related to taking possession
20of a firearmbegin insert or ammunitionend insert, storing thebegin delete firearm,end deletebegin insert firearm or
21ammunition,end insert
and surrendering possession of the firearmbegin insert or
22ammunitionend insert
to a licensed firearms dealer or to the owner.

23(c) The administrative costs described in subdivisions (a) and
24(b) may be waived by the local or state agency upon verifiable
25proof that the firearmbegin insert or ammunitionend insert was reported stolen at the
26time the firearm came into the custody or control of the law
27enforcement agency.

28(d) The following apply to any charges imposed for
29administrative costs pursuant to this section:

30(1) The charges shall only be imposed on the person claiming
31title to thebegin delete firearm.end deletebegin insert firearm or ammunition.end insert

32(2) Any charges shall be collected by the local or state authority
33only from the person claiming title to thebegin delete firearm.end deletebegin insert firearm or
34ammunition.end insert

35(3) The charges shall be in addition to any other charges
36authorized or imposed pursuant to this code.

37(4) begin deleteNo charge may be end deletebegin insertA charge may not be end insertimposed forbegin delete anyend deletebegin insert aend insert
38 hearing or appeal relating to the removal, impound, storage, or
39release of a firearmbegin insert or ammunitionend insert, unless that hearing or appeal
40was requested in writing by the legal owner of thebegin delete firearm.end deletebegin insert firearm
P6    1or ammunition.end insert
In addition, the charge may be imposed only upon
2the person requesting that hearing or appeal.

3(e) begin deleteNo costs for any end deletebegin insertCosts for a end inserthearing or appeal related to the
4release of a firearmbegin delete shallend deletebegin insert or ammunition shall notend insert be charged to
5the legal owner who redeems thebegin delete firearm,end deletebegin insert firearm or ammunition,end insert
6 unless the legal owner voluntarily requests the post-storage hearing
7or appeal. begin deleteNo end deletebegin insertA end insertcity, county, city and county, or state agency shall
8begin insert notend insert require a legal owner to request a post-storage hearing as a
9requirement for release of the firearmbegin insert or ammunitionend insert to the legal
10owner.

11begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.

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