BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 950 (Melendez) - Firearms: gun violence restraining orders
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|Version: February 26, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 29, 2015 |Consultant: Jolie Onodera |
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This bill may meet the criteria for referral to the Suspense
File.
Bill
Summary: AB 950 would allow a person who is subject to a gun
violence restraining order (GVRO) to transfer his or her
firearms and ammunition to a licensed firearms dealer for the
duration of the prohibition. This bill would also entitle a
person who is prohibited from owning or possessing ammunition to
transfer or cause to be transferred the ammunition to a licensed
firearms dealer, as specified.
Fiscal
Impact:
Non-reimbursable local costs associated with requirements
on local law enforcement agencies relating to the transfer
of firearms to licensed firearms dealers, as existing law
authorizes local agencies to impose a fee equal to its
administrative costs relating to the seizure, impounding,
storage, or transfer of a firearm to a licensed firearms
dealer.
Potential state-reimbursable costs (General Fund) to local
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law enforcement agencies related to the transfer of
ammunition to licensed firearms dealers, as existing law
does not authorize local agencies to impose a fee to cover
its administrative costs related to the transfer of
ammunition to a licensed firearms dealer. Costs would be
dependent on the number of persons requesting transfer and
the volume of ammunition to be transferred, which is
unknown, although it is assumed persons requesting transfer
would be those owners of sizeable amounts of ammunition.
Minor, absorbable workload impact to the Department of
Justice (DOJ) related to the notification to DOJ by licensed
firearms dealers of the date ammunition is taken into
possession.
Minor one-time costs of less than $10,000 (General Fund*)
to the Judicial Council to modify the GVRO form.
*Trial Court Trust Fund
Background: Under recently enacted AB 1014 (Skinner) Chapter 872/2014, a
person subject to a GVRO is required to either surrender all
firearms and ammunition to the local law enforcement agency or
sell all firearms and ammunition to a licensed firearms dealer,
as specified. Under existing law, any firearms or ammunition
surrendered to the law enforcement agency must be retained by
the law enforcement agency until the expiration of the GVRO.
(Penal Code (PC) § 18120(b)-(c).)
Under existing law, any person who is prohibited from owning or
possessing a firearm may transfer or cause to be transferred,
any firearm or firearms in his or her possession, or of which he
or she is the owner, to a firearms dealer licensed 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. (PC § 29830(a).)
Existing law provides that a firearms dealer who stores a
firearm pursuant to the above may charge the owner a fee for the
storage of the firearm. Additionally, a firearms dealer who
stores a firearm is required to notify the Department of Justice
(DOJ) of the date that the firearms dealer has taken possession
of the firearm. (PC 29830(b)-(c).)
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AB 539 (Pan) Chapter 739/2013 created a process whereby persons
subject to domestic violence restraining orders could transfer
their firearms to a federally licensed firearms dealer for the
duration of the restraining order. This bill seeks to provide a
similar option to persons subject to a GVRO, as well as expand
the option to include the transfer of ammunition to a licensed
firearms dealer for the duration of the restraining order.
Proposed
Law: This bill would allow a person who is subject to a GVRO to
transfer his or her firearms and ammunition to a licensed
firearms dealer for the duration of the prohibition.
Additionally, this bill:
Entitles a person whose firearms or ammunition have been
surrendered to a law enforcement agency due to the issuance
of a GVRO to have the firearms or ammunition transferred to
a licensed firearms dealer, as specified.
Provides for the transfer of ammunition to a licensed
firearms dealer by any person who is prohibited from owning
or possessing ammunition.
Provides that a firearms dealer who stores ammunition
for a person prohibited from owning or possessing
ammunition to notify the DOJ of the date that the dealer
has taken possession of the ammunition.
Related
Legislation: AB 1014 (Skinner) Chapter 872/2014 provides for
the issuance of GVROs by the court upon request by an immediate
family member or a law enforcement officer under which persons
subject to a GVRO are required either to sell or surrender all
firearms and ammunition in the person's possession or ownership.
AB 539 (Pan) Chapter 739/2013 authorizes a person who is
temporarily prohibited from owning or possessing a firearm to
transfer his or her firearm to a licensed firearms dealer for
storage for the duration of the prohibition, as specified.
Staff
Comments: By entitling a person whose firearms and ammunition have been
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surrendered to a law enforcement agency due to the issuance of a
GVRO to have the firearms or ammunition transferred to a
licensed firearms dealer, as well as entitling a person
prohibited from owning or possessing ammunition for any reason
under existing law, to transfer the ammunition to a licensed
firearms dealer during the period of the prohibition, this bill
creates a state-mandated local program by increasing the duties
of local law enforcement agencies.
Under existing law PC § 33880, state and local agencies 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. The fee must not
exceed the actual costs incurred for the expenses directly
related to taking possession of a firearm, storing the firearm,
and surrendering possession of the firearm to a licensed
firearms dealer or to the owner. As a result, any additional
costs to local law enforcement agencies related to the transfer
of firearms to licensed firearms dealers pursuant to the
provisions of this bill are estimated to be non-reimbursable and
recoverable through fees. However, any costs related to the
transfer of ammunition are not similarly authorized under
existing law to be recovered through the imposition of fees to
cover administrative costs. As a result, to the extent the
increase in local law enforcement workload and costs for the
transfer of ammunition qualify as a reimbursable state mandate,
local agencies could submit claims for reimbursement of these
costs. Potential annual costs would be dependent on the number
of persons requesting transfer and the volume of ammunition to
be transferred in any one year, which is unknown at this time,
although it is assumed persons requesting transfer would be
those owners of sizeable amounts of ammunition.
The provisions of this bill may require the Judicial Council to
revise the GVRO form. One-time costs of less than $10,000
(General Fund) are estimated to revise the form and make
necessary translations.
The DOJ has indicated no significant impact associated with the
provision of this measure that requires licensed firearms
dealers to notify the DOJ of the date that ammunition is taken
into possession from individuals prohibited from owning or
possessing firearms and ammunition.
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Recommended Amendments: To address the potential reimbursable
mandate on local law enforcement agencies for the transfer of
ammunition to licensed firearms dealers, staff recommends the
following amendments to PC § 33880 to authorize state and local
agencies to adopt ordinances to impose a charge equal to its
administrative costs:
CHAPTER 2. Return or Transfer of Firearm or Ammunition in
Custody or Control of Court or Law Enforcement Agency [33850 -
33895]
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 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 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 or ammunition 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 or ammunition .
(2) Any charges shall be collected by the local or state
authority only from the person claiming title to the 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 imposed for any hearing or appeal relating
to the removal, impound, storage, or release of a firearm or
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ammunition , unless that hearing or appeal was requested in
writing by the legal owner of the firearm or ammunition . In
addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
(e) No costs for any hearing or appeal related to the release of
a firearm or ammunition shall be charged to the legal owner who
redeems the firearm or ammunition , unless the legal owner
voluntarily requests the post-storage hearing or appeal. No
city, county, city and county, or state agency shall require a
legal owner to request a post-storage hearing as a requirement
for release of the firearm or ammunition to the legal owner.
Staff also recommends the following technical amendment to PC §
18120 to correct a potential conflict with paragraph (2) of
subdivision (c) of that section:
18120. (c) (1) Except as provided in paragraph (2), any 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.
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