BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2607


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          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  








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            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  








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            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  








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            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  








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            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  








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            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  








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            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.









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          "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













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