BILL ANALYSIS Ó
AB 950
Page 1
Date of Hearing: April 14, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
950 (Melendez) - As Introduced February 26, 2015
SUMMARY: Allows a person, who is subject to a gun violence
restraining order (GVRO), 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.
EXISTING LAW:
1)Permits persons who are subject to domestic violence
restraining orders to surrender their weapons to licensed
firearms dealers for storage during the period they are not
permitted to possess firearms. (Pen. Code, § 29380.)
2)States that the provisions of law establishing gun violence
restraining orders shall take effect on January 1, 2016. (Pen.
Code, § 18122.)
3)Requires, upon issuance of a gun violence restraining order,
the court to order the restrained person to surrender to the
local law enforcement agency all firearms and ammunition in
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the restrained person's custody or control, or which the
restrained person possesses or owns. (Pen. Code, § 18120,
subd. (b)(1).)
4)Allows an immediate family member of a person or a law
enforcement officer to file a petition requesting that the
court issue an ex parte gun violence restraining order, that
expires no later than 21 days from the date of the order,
enjoining the subject of the petition from having in his or
her custody or control, owning, purchasing, possessing, or
receiving a firearm or ammunition. (Pen. Code, §§ 18150 and
18155, subd. (c).)
5)States that the court, before issuing an ex parte gun violence
restraining order, shall examine on oath, the petitioner and
any witness the petitioner may produce, or in lieu of
examining the petitioner and any witness the petitioner may
produce, the court may require the petitioner and any witness
to submit a written affidavit signed under oath. (Pen. Code,
§ 18155, subd. (a).)
6)Requires a showing that the subject of the petition poses a
significant danger, in the near future, of personal injury to
himself or herself, or another by having in his or her custody
or control, owning, purchasing, possessing, or receiving a
firearm as determined by considering specified factors and
that less restrictive alternative have been ineffective, or
are inappropriate for the situation, before an ex parte gun
violence restraining order may be issued. (Pen. Code, § 18150,
subd. (b).)
7)Specifies in determining whether grounds for a gun violence
restraining order exist, the court shall consider all evidence
of the following:
a) A recent threat of violence or act of violence by the
subject of the petition directed toward another;
b) A recent threat of violence or act of violence by the
subject of the petition directed toward himself or herself;
c) A violation of an emergency protective order that is in
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effect at the time the court is considering the petition;
d) A recent violation of an unexpired protective order;
e) A conviction for any specified offense resulting in
firearm possession restrictions; or,
f) A pattern of violent acts or violent threats within the
past 12 months, including, but not limited to, threats of
violence or acts of violence by the subject of the petition
directed toward himself, herself, or another. (Pen. Code,
§ 18155, subd. (b)(1).)
8)States that an ex parte gun violence restraining order shall
be personally served on the restrained person by a law
enforcement officer, or any person who is at least 18 years of
age and not a party to the action, if the restrained person
can reasonably be located. When serving a gun violence
restraining order, a law enforcement officer shall inform the
restrained person of the hearing that will be scheduled to
determine whether to issue a gun violence restraining order.
(Pen. Code, § 18160, subd. (b).)
9)Requires, within 21 days from the date an ex parte gun
violence restraining order was issued, before the court that
issued the order or another court in the same jurisdiction,
the court to hold a hearing to determine if a gun violence
restraining order should be issued. (Pen. Code, § 18160,
subd. (c).)
10)Allows an immediate family member of a person or a law
enforcement officer to request a court, after notice and a
hearing, to issue a gun violence restraining order enjoining
the subject of the petition from having in his or her custody
or control, owning, purchasing, possessing, or receiving a
firearm or ammunition for a period of one year. (Pen. Code, §
18170.)
11)States at the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that both of the
following are true:
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a) The subject of the petition, or a person subject to an
ex parte gun violence restraining order, as applicable,
poses a significant danger of personal injury to himself or
herself, or another by having in his or her custody or
control, owning, purchasing, possessing, or receiving a
firearm or ammunition; and,
b) A gun violence restraining order is necessary to prevent
personal injury to the subject of the petition, or the
person subject to an ex parte gun violence restraining
order, as applicable, or another because less restrictive
alternatives either have been tried and found to be
ineffective, or are inadequate or inappropriate for the
circumstances. (Pen. Code, § 18175, subd. (b).)
12)Provides if the court finds that there is clear and
convincing evidence to issue a gun violence restraining order,
the court shall issue a gun violence restraining order that
prohibits the subject of the petition from having in his or
her custody or control, owning, purchasing, possessing, or
receiving, or attempting to purchase or receive, a firearm or
ammunition. If the court finds that there is not clear and
convincing evidence to support the issuance of a gun violence
restraining order, the court shall dissolve any temporary
emergency or ex parte gun violence restraining order then in
effect. (Pen. Code, § 18175, subd. (c).)
13)Requires the court to inform the restrained person that he or
she is entitled to one hearing to request a termination of the
gun violence restraining order and provide the restrained
person with a form to request a hearing. (Pen. Code, § 18180,
subd. (b).)
14)States that it is a misdemeanor offense for every person who
files a petition for an ex parte gun violence restraining
order or a gun violence restraining order issued after notice
and a hearing knowing the information in the petition to be
false or with the intent to harass. (Pen. Code, § 18200.)
15)Provides that it is a misdemeanor offense for every person
who owns or possesses a firearm or ammunition with knowledge
that he or she is prohibited from doing so by a gun violence
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restraining order and he or she shall be prohibited from
having in his or her custody or control, owning, purchasing,
possessing, or receiving, or attempting to purchase or
receive, a firearm or ammunition for a five-year period, to
commence upon the expiration of the existing gun violence
restraining order. (Pen. Code, § 18205.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "This measure
will ensure the safety of the public without unnecessarily
infringing upon the rights of individuals. It will reinstate
passed statutes set by AB 539 in 2013 which created a process
to provide an individual who is prohibited from owning or
possessing firearms, due to a gun violence restraining order
(GVRO), the ability to transfer their firearms to a federal
firearm licensed (FFL) dealer for the duration of the
restraining order. Gun violence restraining orders are
extremely serious and reflect the gravity of the situation. As
long as the firearm and ammunition is not in the possession of
the individual and is not accessible, the intent of the GVRO
is being carried out."
2)Provides an Option of Storage of Firearms with Licensed
Dealers: AB 1014 (Skinner), Chapter 872, Statutes of 2014,
enacted a novel gun violence restraining order law in
California to address concerns related to mental health and
firearms possession after the Isla Vista shooting in Santa
Barbara. Under the provisions of AB 1014, persons subject to
gun violence restraining orders are required to either sell
their weapons or surrender those firearms to law enforcement.
This bill seeks to provide an option that is available for
persons who are subject to domestic violence restraining
orders. That option was put into place by AB 539 (Pan),
Chapter 739, Statutes of 2013, which created a process whereby
persons subject to a domestic violence restraining order could
transfer their firearms to a federally licensed firearms
dealer for the duration of the restraining order. This bill
would provide that same remedy for persons subject to a gun
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violence restraining order. By enacting this bill, the
original intent of AB 1014 is preserved, while the property
interests of persons subject to restraint through a GVRO are
also maintained.
3)Argument in Support: According to The California Chapters of
the Brady Campaign to Prevent Gun Violence, "In 2014, the
Brady Campaign was instrumental in the passage of AB 1014
(Skinner), which we believe, when implemented in 2016, will
save numerous lives. The California Brady Campaign Chapters
support AB 950 by Assembly Member Melissa Melendez, as the
bill will facilitate the implementation of this important new
law.
"AB 1014 allows an immediate family member or a law
enforcement officer to request a court to issue a Gun Violence
Restraining Order (GVRO) 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. Existing law
requires a person who is subject to such a 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.
"This bill would allow a person who is subject to a GVRO to
transfer his or her firearms and/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.
"AB 950 is essentially similar to AB 539 (2013) by Dr. Richard
Pan and, in fact, Senator Pan is principle coauthor of this
bill. Like AB 539, this bill presents a reasonable
alternative for temporarily removing firearms, particularly in
volatile situations. We believe that it would enhance public
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safety as people may be more likely to surrender their
firearms and ammunition if they believe that there is a
reasonable chance that they can get them back upon the
termination of the prohibition. "
4)Related Legislation: AB 225 (Melendez), makes it felony
perjury punishable by two, three, or four years to make a
false statement on a petition for the issuance of a gun
violence restraining order. AB 225 failed passage in the
Assembly Committee on Public Safety and has been granted
reconsideration.
5)Prior Legislation: AB 539 (Pan), Chapter 739, Statutes of
2013, created a process whereby persons subject to a domestic
violence restraining order could transfer their firearms to a
federally licensed firearms dealer for the duration of the
restraining order.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Rifle and Pistol Association
Law Center to Prevent Gun Violence
Opposition
None
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744
AB 950
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