BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 950|
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                                    THIRD READING


          Bill No:  AB 950
          Author:   Melendez (R)
          Amended:  6/30/15 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/9/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 6/29/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza, Nielsen
           NO VOTE RECORDED:  Bates

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Firearms:  gun violence restraining orders


          SOURCE:    Author


          DIGEST:  This bill (1) 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; (2) provides for the transfer of  
          ammunition to a licensed firearms dealer by any person who is  
          prohibited from owning or possessing ammunition; and, (3)  
          authorizes state and local agencies to adopt ordinances to  
          impose a charge equal to its administrative costs for the  
          transfer of ammunition to licensed firearms dealers. 


          ANALYSIS    








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          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.  (Penal Code § 29830.)

           2) States that the provisions of law establishing gun violence  
             restraining orders shall take effect on January 1, 2016.  
             (Penal 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  
             the restrained person's custody or control, or which the  
             restrained person possesses or owns.  (Penal Code §  
             18120(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.  (Penal Code §§ 18150 and  
             18155(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.  (Penal Code § 18155(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  







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             an ex parte gun violence restraining order may be issued.   
             (Penal Code § 18150(b).)

           7) Specifies, in Penal Code section 18155(b)(1), that 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 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.  

           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.  (Penal Code § 18160(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.  (Penal Code § 18160(c).)







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           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.  (Penal Code  
             § 18170.)

           11)States, in Penal Code section Penal Code § 18175(b), that at  
             the hearing, the petitioner shall have the burden of proving,  
             by clear and convincing evidence, that both of the following  
             are true:

              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.  

           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.  (Penal Code § 18175(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  







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             person with a form to request a hearing.  (Penal Code §  
             18180(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.  (Penal 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  
             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.  (Penal Code § 18205.)

          This bill:

          1)Allows a person who is subject to a gun violence restraining  
            order 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. 

          2)Provides for the transfer of ammunition to a licensed firearms  
            dealer by any person who is prohibited from owning or  
            possessing ammunition.

          3)Authorizes state and local agencies to adopt ordinances to  
            impose a charge equal to its administrative costs for the  
            transfer of ammunition to licensed firearms dealers.


          Background


          AB 1014 (Skinner, Chapter 872, Statutes of 2014) enacted a 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  







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          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 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.    

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, the fiscal  
          impact of the bill prior to the most recent amendments includes:  



              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  
              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  







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              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.


          SUPPORT:   (Verified6/30/15)


          California Chapters of the Brady Campaign to Prevent Gun  
          Violence
          California Rifle and Pistol Association
          Firearms Policy Coalition
          Gun Owners of California 
          Law Center to Prevent Gun Violence
          National Rifle Association of America 
          Numerous individuals


          OPPOSITION:   (Verified6/30/15)


          None received

          ARGUMENTS 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  







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               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  
               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.  


          ASSEMBLY FLOOR:  77-0, 4/30/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  







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            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Chávez, Gomez

          Prepared by:Jessica Devencenzi / PUB. S. / 
          7/2/15 9:09:37


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