BILL ANALYSIS Ó AB 2607 Page 1 ASSEMBLY THIRD READING AB 2607 (Ting) As Amended March 17, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |4-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 AB 2607 Page 2 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 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." 2)Requires the court to notify the Department of Justice (DOJ) when a GVRO is issued, renewed, dissolved, or terminated. 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. 4)Requires the court to order the restrained person to surrender all firearms and ammunition in his or her control. 5)Allows law enforcement to seek a temporary GVRO if the officer asserts, and the court finds, that there is reasonable cause AB 2607 Page 3 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. 6)Allows an immediate family member or law enforcement officer to file a petition requesting that the court issue an ex parte GVRO enjoining a person from having in his or her custody or control, owning, purchasing, or receiving a firearm or ammunition. 7)Defines "immediate family member" as specified. 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. 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. AB 2607 Page 4 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. 11)Entitles the restrained person to a hearing to determine the validity of the order within 21 days after the date on the order. 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 receiving a firearm or ammunition. 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. 14)Allows a restrained person to file one written request for a hearing to terminate the order. 15)Allows a request for renewal of a GVRO. 16)States that every person who files a petition for an ex parte gun violence restraining order or a gun violence restraining AB 2607 Page 5 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. 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. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: 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 becoming a danger to themselves 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." Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0002779 AB 2607 Page 6