BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 950 (Melendez) - Firearms: gun violence restraining orders ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 26, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 29, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 AB 950 (Melendez) Page 1 of ? 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).) AB 950 (Melendez) Page 2 of ? 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 AB 950 (Melendez) Page 3 of ? 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. AB 950 (Melendez) Page 4 of ? 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 AB 950 (Melendez) Page 5 of ? 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), anyAnyfirearms 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. AB 950 (Melendez) Page 6 of ? -- END --