BILL ANALYSIS
AB 2129
Page 1
ASSEMBLY THIRD READING
AB 2129 (Spitzer)
As Introduced February 21, 2006
Majority vote
PUBLIC SAFETY 5-0
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|Ayes:|Leno, La Suer, Cohn, |
| |Goldberg, Spitzer |
| | |
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SUMMARY : Specifies a time frame of 24 hours under which a
person who has been served with a protective order must
relinquish a firearm regardless of whether the person was
present in court when served.
EXISTING LAW :
1)States a person subject to a temporary restraining order or
injunction issued pursuant to existing law, or subject to a
restraining order issued pursuant to other law, shall
relinquish the firearm pursuant to this section.
2)Provides if the person subject to the order or injunction is
present in court at a duly noticed hearing, the court shall
order the person to relinquish any firearm in that person's
immediate possession or control, or subject to that person's
immediate possession or control, within 24 hours of the order,
by either surrendering the firearm to the control of local law
enforcement officials, or by selling the firearm to a licensed
gun dealer, as specified. If the respondent is not present at
the hearing, the respondent shall relinquish the firearm
within 48 hours after being served with the order. A person
ordered to relinquish any firearm pursuant to this subdivision
shall file with the court a receipt showing the firearm was
surrendered to the local law enforcement agency or sold to a
licensed gun dealer within 72 hours after receiving the order.
In the event that it is necessary to continue the date of any
hearing due to a request for a relinquishment order pursuant
to this section, the court shall ensure that all applicable
protective orders described in existing law, remain in effect
or bifurcate the issues and grant the permanent restraining
order pending the date of the hearing.
AB 2129
Page 2
3)States the restraining order requiring a person to relinquish
a firearm pursuant to this section shall state on its face
that the respondent is prohibited from owning, possessing,
purchasing, or receiving a firearm while the protective order
is in effect and that the firearm shall be relinquished to the
local law enforcement agency for that jurisdiction or sold to
a licensed gun dealer, and that proof of surrender or sale
shall be filed with the court within a specified period of
receipt of the order. The order shall also state on its face
the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the
order.
4)Provides during the period of the relinquishment order, a
respondent is entitled to make one sale of all firearms that
are in the possession of a local law enforcement agency
pursuant to this section. A licensed gun dealer, who presents
a local law enforcement agency with a bill of sale indicating
that all firearms owned by the respondent that are in the
possession of the local law enforcement agency have been sold
by the respondent to the licensed gun dealer, shall be given
possession of those firearms, at the location where a
respondent's firearms are stored, within five days of
presenting the local law enforcement agency with a bill of
sale.
FISCAL EFFECT : None
COMMENTS : According to the author, "This bill would enact a
24-hour time period for the relinquishment of a firearm by a
person subject to a criminal, civil harassment, elder abuse, or
workplace violence protective order. This clear standard, which
is already in place for those subject to Domestic Violence
Prevention Act (DVPA) protective orders, will allow the Judicial
Council to eliminate all checkboxes pertaining to firearms
relinquishment on the protective order forms so that the
restrained person will know that he or she is required to
relinquish any firearms within the 24-hour period. This clarity
will assist law enforcement and the parties in understanding the
clear terms of the order, and result in better safety and
protection for those protected by these vital orders.
AB 2129
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"In 2004, the Legislature amended the firearms relinquishment
provisions that apply to DVPA protective orders issued under the
Family Code to provide that persons subject to DVPA orders must
relinquish any firearms in their possession within 24 hours of
being served with the order. [See SB 1391 (Romero), Chapter
250, Statutes of 2004.] Prior to this change, the restrained
person was afforded 48 hours to relinquish the firearm if he or
she had been present at a noticed hearing on the order request,
but only 24 hours if he or she was not at the hearing. The
changes made by SB 1391 were to clarify and simplify the
relinquishment standard, and to eliminate the need to have
checkboxes to indicate which time applied in each situation on
the order form. When the Legislature simplified the provision
for DVPA orders, it did not change the provision applicable to
other types of protective orders. That provision is found in
CCP Section 527.9, and it governs protective orders issued by a
criminal court, as well as civil harassment, workplace violence,
and elder and dependent adult abuse protective orders. AB 2129
would make CCP Section 527.9 consistent with the DVPA firearms
relinquishment standard of 24 hours so that the parties, the
courts, and particularly law enforcement, have a clear standard
to follow and enforce."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0014347