BILL NUMBER: AB 950 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2015
INTRODUCED BY Assembly Member Melendez
(Principal coauthor: Senator Pan)
FEBRUARY 26, 2015
An act to amend Sections 18120 and 29830
18120, 29830, and 33880 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.
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.
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.
This bill would extend the authority to impose this charge for the
above specified activities in regard to ammunition.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18120 of the Penal Code is amended to read:
18120. (a) A person subject to a gun violence restraining order
issued pursuant to this division shall not have in his or her custody
or control, own, purchase, possess, or receive any firearms or
ammunition while that order is in effect.
(b) (1) Upon issuance of a gun violence restraining order issued
pursuant to this division, the court shall order the restrained
person to surrender all firearms and ammunition in the restrained
person's custody or control, or which the restrained person possesses
or owns pursuant to paragraph (2).
(2) The surrender ordered pursuant to paragraph (1) shall occur by
immediately surrendering all firearms and ammunition in a safe
manner, upon request of any law enforcement officer, to the control
of the officer, after being served with the restraining order. A law
enforcement officer serving a gun violence restraining order that
indicates that the restrained person possesses any firearms or
ammunition shall request that all firearms and ammunition be
immediately surrendered. Alternatively, if no request is made by a
law enforcement officer, the surrender shall occur within 24 hours of
being served with the order, by surrendering all firearms and
ammunition in a safe manner to the control of the local law
enforcement agency, selling all firearms and ammunition to a licensed
firearms dealer, or transferring all firearms and ammunition to a
licensed firearms dealer in accordance with Section 29830. The law
enforcement officer or licensed firearms dealer taking possession of
any firearms or ammunition pursuant to this subdivision shall issue a
receipt to the person surrendering the firearm or firearms or
ammunition or both at the time of surrender. A person ordered to
surrender all firearms and ammunition pursuant to this subdivision
shall, within 48 hours after being served with the order, do both of
the following:
(A) File with the court that issued the gun violence restraining
order the original receipt showing all firearms and ammunition have
been surrendered to a local law enforcement agency or sold or
transferred to a licensed firearms dealer. Failure to timely file a
receipt shall constitute a violation of the restraining order.
(B) File a copy of the receipt described in subparagraph (A) with
the law enforcement agency that served the gun violence restraining
order. Failure to timely file a copy of the receipt shall constitute
a violation of the restraining order.
(c) (1) Any Except as provided in
paragraph (2), any firearms or ammunition surrendered to a law
enforcement officer or law enforcement agency pursuant to this
section shall be retained by the law enforcement agency until the
expiration of any gun violence restraining order that has been issued
against the restrained person. Upon expiration of any order, any
firearms or ammunition shall be returned to the restrained person in
accordance with the provisions of Chapter 2 (commencing with Section
33850) of Division 11 of Title 4. Firearms or ammunition that are not
claimed are subject to the requirements of Section 34000.
(2) A restrained person who owns any firearms or ammunition that
are in the custody of a law enforcement agency pursuant to this
section is entitled to sell any firearms or ammunition to a licensed
firearms dealer or transfer any firearms or ammunition to a licensed
firearms dealer in accordance with Section 29830, provided that the
firearm or firearms or ammunition are otherwise legal to own or
possess and the restrained person otherwise has right to title of the
firearm or firearms or ammunition.
(d) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this section, and
he or she is determined by the law enforcement agency to be the
lawful owner of the firearm or firearms or ammunition, the firearm or
firearms or ammunition shall be returned to him or her pursuant to
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
SEC. 2. Section 29830 of the Penal Code is amended to read:
29830. (a) Any person who is prohibited from owning or possessing
a firearm or ammunition pursuant to this article, or who is
prohibited from owning or possessing a firearm or ammunition pursuant
to any other law, may transfer or cause to be transferred, any
firearm or firearms or ammunition in his or her possession, or of
which he or she is the owner, to a firearms dealer licensed pursuant
to Section 26700 to 26915, inclusive, for storage during the duration
of the prohibition, if the prohibition on owning or possessing the
firearm will expire on a date specified in the court order.
(b) A firearms dealer who stores a firearm or firearms or
ammunition pursuant to subdivision (a), may charge the owner a
reasonable fee for the storage of the firearm or firearms or
ammunition.
(c) A firearms dealer who stores a firearm or firearms or
ammunition pursuant to subdivision (a) shall notify the Department of
Justice of the date that the firearms dealer has taken possession of
the firearm or firearms or ammunition.
(d) Any firearm that is returned by a dealer to the owner of the
firearm pursuant to this section shall be returned in accordance with
the procedures set forth in Section 27540 and Article 1 (commencing
with Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. Section 33880 of the Penal Code
is amended to read:
33880. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution imposing a charge
equal to its administrative costs relating to the seizure,
impounding, storage, or release of a firearm.
firearm or ammunition.
(b) The fee under subdivision (a) shall not exceed the actual
costs incurred for the expenses directly related to taking possession
of a firearm or ammunition , storing the
firearm, firearm or ammunition, and surrendering
possession of the firearm or ammunition to a licensed
firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b)
may be waived by the local or state agency upon verifiable proof
that the firearm or ammunition was reported stolen at the
time the firearm came into the custody or control of the law
enforcement agency.
(d) The following apply to any charges imposed for administrative
costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title
to the firearm. firearm or ammunition.
(2) Any charges shall be collected by the local or state authority
only from the person claiming title to the firearm.
firearm or ammunition.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be A charge may not be
imposed for any a hearing or
appeal relating to the removal, impound, storage, or release of a
firearm or ammunition , unless that hearing or appeal was
requested in writing by the legal owner of the firearm.
firearm or ammunition. In addition, the charge
may be imposed only upon the person requesting that hearing or
appeal.
(e) No costs for any Costs for a
hearing or appeal related to the release of a firearm shall
or ammunition shall not be charged to the legal
owner who redeems the firearm, firearm or
ammunition, unless the legal owner voluntarily requests the
post-storage hearing or appeal. No A
city, county, city and county, or state agency shall not
require a legal owner to request a post-storage hearing as a
requirement for release of the firearm or ammunition to
the legal owner.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.