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
AB 950
Page 2
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,
AB 950
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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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