BILL ANALYSIS Ó
AB 950
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
950 (Melendez)
As Amended June 30, 2015
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: |77-0 |(April 30, |SENATE: |39-0 |(July 6, 2015) |
| | |2015) | | | |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY: 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. If the firearms or ammunition have been
surrendered to a law enforcement agency, this bill would entitle
the owner to have them transferred to a licensed firearms
dealer. This 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.
The Senate amendments extend the authority of a local
jurisdiction to impose a charge relating to the seizure,
impounding, storage or release of a firearm to the seizure,
impounding, storage, or release of ammunition.
EXISTING LAW:
AB 950
Page 2
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.
2)States that the provisions of law establishing gun violence
restraining orders shall take effect on January 1, 2016.
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.
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.
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.
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 an ex parte gun
violence restraining order may be issued.
AB 950
Page 3
7)Specifies 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.
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
AB 950
Page 4
restraining order should be issued.
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.
11)States 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.
AB 950
Page 5
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
person with a form to request a hearing.
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.
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.
AS PASSED BY THE ASSEMBLY, this bill allowed a person, who is
subject to a GVRO, 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, this bill would entitle
the owner to have them transferred to a licensed firearms
dealer. This 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: According to the Senate Appropriations
Committee:
1)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
AB 950
Page 6
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.
2)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.
3)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 (Trial
Court Trust Fund)) to the Judicial Council to modify the GVRO
form.
COMMENTS: 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 (Pan), Chapter 739, Statutes of 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."
AB 950
Page 7
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001117