BILL ANALYSIS Ó
AB 950
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
950 (Melendez) - As Introduced February 26, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill 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
AB 950
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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.
FISCAL EFFECT:
Potential minor state reimbursable mandated costs, less than
$20,000, if the cost to a law enforcement agency exceeds $1,000
in a year in those cases where an eligible person requests the
firearm or ammunition be transferred to a licensed firearms
dealer. This is not expected to be a common occurrence.
COMMENTS:
1)Purpose/Background. 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)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
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(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."
3)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.
4)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.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081