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 AB 950 Page 2 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 AB 950 Page 3 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: AB 950 Page 4 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 AB 950 Page 5 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 AB 950 Page 6 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 AB 950 Page 7 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 Page 8