BILL ANALYSIS Ó AB 2607 Page 1 Date of Hearing: April 19, 2016 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2607 (Ting) - As Amended March 17, 2016 SUMMARY: Expands the individuals who are eligible to petition for a gun violence restraining order (GVRO). Specifically, this bill: 1)Allows an employer, a coworker, a mental health worker who has seen a person as a patient in the prior six months, an employee of a secondary or postsecondary school that a person has attended in the last six months, to file a petition requesting that the court issue an ex parte GVRO enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. 2)Allows an employer, a coworker, a mental health worker who has seen a person as a patient in the prior six months, an employee of a secondary or postsecondary school that a person has attended in the last six months, to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. 3)Allows an employer, a coworker, a mental health worker who has AB 2607 Page 2 seen a person as a patient in the prior six months, an employee of a secondary or postsecondary school that a person has attended in the last six months, to request a renewal of a GVRO at any time within the three months before the expiration of such an order. EXISTING LAW: 1)Defines a "gun violence restraining order" as "an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition." (Pen. Code, § 18100.) 2)Requires the court to notify the Department of Justice (DOJ) when a GVRO is issued, renewed, dissolved, or terminated. (Pen. Code, § 18115.) 3)Prohibits a person that is subject to a GVRO from having in his or her custody any firearms or ammunition while the order is in effect. (Pen. Code, § 18120, subd. (a).) 4)Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. (Pen. Code, § 18120, subd. (b)(1).) 5)Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause to believe the following: a) The subject of the petition poses an immediate and present danger of causing injury to himself or another by possessing a firearm; and, b) The emergency GVRO is necessary to prevent personal injury to the subject of the order or another because less restrictive alternatives have been tried and been ineffective or have been determined to be inadequate under the circumstances. (Pen. Code, § 18125.) 6)Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue an ex parte AB 2607 Page 3 GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. (Pen. Code, § 18150, subd. (a)(1).) 7)Defines "immediate family member" as specified. (Pen. Code, 18150, subd. (a)(2).) 8)Allows a court to issue an ex parte GVRO if an affidavit, made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court on a showing of good cause that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm as determined by balancing specified factors. (Pen. Code, §§ 18150, subd. (b) & 18155.) 9)Requires a law enforcement officer to serve the ex parte GVRO on the restrained person, if the restrained person can reasonably be located. When serving a gun violence restraining order, the law enforcement officer shall inform the restrained person that he or she is entitled to a hearing and provide the restrained person with a form to request a hearing. (Pen. Code, § 18160.) 10)Allows the restrained person who owns a firearm or ammunition that is in the custody of a law enforcement agency pursuant to this subdivision, if the firearm is an otherwise legal firearm, and the restrained person otherwise has right to title of the firearm, to sell or transfer title of the firearm to a licensed dealer. (Pen. Code, § 18120, subd. (c)(2).) 11)Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. (Pen. Code, § 18165.) 12)Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue a GVRO after notice and a hearing enjoining a person from having in his or her custody or control, owning, purchasing, or AB 2607 Page 4 receiving a firearm or ammunition. (Pen. Code, § 18170.) 13)States that at the hearing, the petitioner has the burden of proof, which is to establish by clear and convincing evidence that the person poses a significant danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. (Pen. Code, § 18175, subd. (b).) 14)Allows a restrained person to file one written request for a hearing to terminate the order. (Pen. Code, 18185.) 15)Allows a request for renewal of a GVRO. (Pen. Code, § 18190.) 16)States that 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, is guilty of a misdemeanor. (Pen. Code, § 18200.) 17)States that every person who violates an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, is guilty of a misdemeanor and shall be prohibited from having under his or her custody and 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. (Pen. Code, 18205.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Family members, co-workers, employers, teachers, and mental health workers are the most likely to see early warning signs if someone is AB 2607 Page 5 becoming a danger to themself or others. In these circumstances, existing law enables family members and law enforcement to prevent gun-related tragedies before they happen by pursuing a gun violence restraining order (GVRO) in court. If granted by a court, a GVRO results in a temporary seizure of firearms possessed by the dangerous individual and a prohibition of their ability to purchase new firearms. AB 2607 logically expands who can petition a court for a GVRO by adding co-workers, employers, teachers, and mental health workers." 2)Gun Violence Restraining Orders: California's new GVRO laws, modeled after domestic violence restraining order laws, went into effect on January 1, 2016. A GVRO will prohibit the restrained person from purchasing or possessing firearms or ammunition and authorizes law enforcement to remove any firearms or ammunition already in the individual's possession. The statutory scheme establishes three types of GVRO's: a temporary emergency GVRO, an ex parte GVRO, and a GVRO issued after notice and hearing. A law enforcement officer may seek a temporary emergency GVRO by submitting a written petition to or calling a judicial officer to request an order at any time of day or night. In contrast, an immediate family member or a law enforcement officer can petition for either an ex parte GVRO or a GVRO after notice and a hearing. An ex parte GVRO is based on an affidavit filed by the petitioner which sets forth the facts establishing the grounds for the order. The court will determine whether good cause exists to issue the order. If, the court issues the order, it can remain in effect for 21 days. Within that time frame, the court must provide an opportunity for a hearing. At the hearing, the court can determine whether the firearms should be returned to the restrained person, or whether it should issue a more permanent order. Finally, if the court issues a GVRO after notice and hearing has been provided to the person to be restrained, this more permanent order can last for up to one year. When AB 1014 (Skinner), which created the GVRO statutory AB 2607 Page 6 scheme was considered in the Senate Public Safety Committee, the bill would have allowed anyone to request a gun violence restraining order. The committee analysis noted that "Only those with a close relationship to the person to be restrained can request a domestic violence protective order." The Committee questioned whether anyone should be allowed to petition for a GVRO. AB 1014 was subsequently amended in the Senate Appropriations Committee to only permit law enforcement and immediate family members to petition for a GVRO. This bill would expand the class of people who are able to petition for a GVRO to enjoin an individual for possessing or purchasing a firearm. It would allow an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, and an employee of a secondary or postsecondary school that the person has attended in the last six months to seek such an order. While a mental health worker who has recently treated an individual should be in a position to know whether a person poses a danger to himself or others; employers, co-workers, and school personnel would not necessarily know this. It might depend on the work environment, the size of the place of employment, or the size of the school. Arguably these people do not necessarily have the kind of close relationship that the amendments to the original GVRO legislation sought to ensure. 3)Argument in Support: According to the California Chapters of the Brady Campaign to End Gun Violence, "Existing law allows law enforcement and immediate family members to petition the court to obtain a Gun Violence Restraining Order when a person is at risk of injury to self or others by having a firearm. The order would temporarily prohibit the purchase or possession of firearms while the order is in effect and would allow a warrant to be issued to seize firearms or ammunition from a person subject to the order. AB 2607 would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, or an employee of a secondary or postsecondary school that the person has attended in the last six months, to file a petition for a Gun Violence Restraining Order. Those who work or study with a person and have frequent interaction may see the early warning signs and be the first to know that the person is at AB 2607 Page 7 severe risk of harming self or others with a firearm. These people need the ability to petition the court for a temporary firearm prohibition. "The Gun Violence Restraining Order statute is modeled after California's domestic violence restraining order laws and ensures due process and a rigorous standard of proof. A noticed hearing before the court is required within 21 days. In fact, the law provides more protections than the state's domestic violence restraining order or mental health commitment laws. The person subject to the temporary order regains the ability to purchase or possess firearms when the order expires after one year (unless renewed) or is revoked by the court. "As many California Brady members have personally experienced, heightened anger or hate, despondence, substance abuse, or a mental or emotional crises combined with access to firearms can be a deadly combination. The Gun Violence Restraining Order provides a way to prevent homicide, suicide, and mass shootings by removing firearms before a tragedy occurs." 4)Argument in Opposition: According to the Firearm Policy Coalition, "AB 2607 (Ting) seeks to expand a law (AB 1014, Skinner- 2014) that has only been in effect less than 100 days as of this writing. It seeks to add to the list of lay persons, acquaintances and strangers authorized to file a 'gun violence restraining order' against a person in secret, without warning, without a professional opinion or evaluation and without any due process to include tens of thousands of people who are likely total strangers to the accused. "While the damage done to civil rights is not yet known as the law is so new, AB 2607 seeks to add 'an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months.' This means, depending on where one works or studies, online or in person, potentially tens of thousands of people can secretly file a petition to take their firearms in a surprise raid by law enforcement. AB 2607 Page 8 "While this may sound like a cold-war era memoir of living behind the iron curtain, it isn't. This is California, year 2016 and AB 2607 is revealing in its complete lack of regard for the civil rights of California's law-abiding, gun-owning residents." 5)Prior Legislation: AB 1014 (Skinner), Chapter 872, Statutes of 2014, authorizes, beginning January 1, 2016, a law enforcement officer or immediate family member of a person, to seek, and a court to issue, a GVRO, as specified, prohibiting a person from having in his/her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as specified. REGISTERED SUPPORT / OPPOSITION: Support California Chapters of the Brady Campaign to End Gun Violence Coalition Against Gun Violence Law Center to Prevent Gun Violence San Francisco County District Attorney Women Against Gun Violence Opposition American Civil Liberties Union of California California Public Defenders Association California Sportsman's Lobby Gun Owners of California Firearms Policy Coalition National Rifle Association Outdoor Sportsmen's Coalition of California Safari Club International Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 AB 2607 Page 9