BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
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AB 2129 (Spitzer) 9
As Amended June 5, 2006
Hearing date: June 13, 2006
Code of Civil Procedure
AA:br
RESTRAINING ORDERS :
FIREARM RELINQUISHMENT
HISTORY
Source: Judicial Council
Prior Legislation: SB 1391 (Romero) - Ch. 250, Stats. 2004
Support: Crime Victims United of California; Junior Leagues of
California State Public Affairs Committee; California
Million Moms March; Legal Community Against Violence;
Orange County Citizens for the Prevention of Gun
Violence; Violence Prevention Coalition of Orange
County; Family Law Section of the State Bar of
California; Attorney General's Office; California
Organization of Police and Sheriffs
Opposition:California Attorneys for Criminal Justice
Assembly Floor Vote: Ayes 75 - Noes 0
KEY ISSUE
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AB 2129 (Spitzer)
PageB
SHOULD PERSONS WHO ARE SUBJECT TO A PROTECTIVE ORDER INVOLVING
HARASSMENT, WITNESS OR VICTIM INTIMIDATION AND ELDER OR
DEPENDENT ADULT ABUSE BE REQUIRED TO RELINQUISH A FIREARM WITHIN
24 HOURS OF BEING SERVED WITH THE ORDER, AS SPECIFIED?
PURPOSE
The purpose of this bill is to require that persons who are
subject to a protective order involving harassment, witness or
victim intimidation and elder or dependent adult abuse be
required to relinquish any firearms in their possession or
control within 24 hours of being served with the protective
order, as specified.
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Current law provides that a person subject to a temporary
restraining order or injunction relating to harassment or
workplace-related violence or threat of violence, as
specified,<1> or subject to a restraining order issued relating
to victim or witness intimidation, as specified,<2> or elder or
dependent adult abuse, as specified,<3> shall relinquish a
firearm as follows:
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 , as specified. (Code of Civ. Proc.
527.9.)
This bill would revise this provision to require instead that,
upon issuance of a protective order issued pursuant to these
provisions, a person subject to the order would be required to
relinquish a firearm within 24 hours of being served with the
order.
COMMENTS
1. Stated Need for This Bill
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<1> Specifically, orders issued pursuant to Section 527.6 or
527.8 of the Code of Civil Procedure.
<2> Specifically, an order issued pursuant to Section 136.2 of
the Penal Code.
<3> Specifically, an order issued pursuant to Section 15657.03
of the Welfare and Institutions Code.
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AB 2129 (Spitzer)
PageD
The author states in part:
. . . (S)tatutes now provide a different time for
relinquishment of firearms in domestic violence
prevention cases compared to those in civil
harassment, workplace violence, and elder and
dependent adult abuse prevention cases.
AB 2129 would make the Civil Code of Procedure 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. . . .
2. What This Bill Would Do
As explained above, there is a disparity in current law with
respect to the timeframe within which persons subject to
restraining orders are required to relinquish a firearm in their
possession or control. As noted by the author, in 2004 SB 1391
(Romero) was enacted to provide that persons subject to domestic
violence restraining orders pursuant to Family Code Section 6389
must relinquish a firearm within 24 hours of being served with
the order. Prior to this measure, the timing for the
relinquishment depended upon whether or not the person was
present in court when the order was issued - persons had 24
hours if they were present at the hearing, and 48 hours of
service if they were not present at the hearing.
While the period for relinquishment was simplified in domestic
violence cases to require relinquishment within 24 hours of
being served with a protective order, the 24/48 hour distinction
based on presence at a hearing in the protective order statutes
concerning harassment, witness or victim intimidation and elder
or dependent adult abuse has remained unchanged. This bill
would conform these provisions to the domestic violence
provisions by making the standard within 24 hours of service of
an order.
AB 2129 (Spitzer)
PageE
SHOULD THE TIMEFRAMES FOR RELINQUISHING FIREARMS WHERE THERE IS
A PROTECTIVE ORDER INVOLVING HARASSMENT, WITNESS OR VICTIM
INTIMIDATION OR ELDER OR DEPENDENT ADULT ABUSE BE SIMPLIFIED TO
WITHIN 24 HOURS OF SERVICE OF THE ORDER, AS IN THE CASE OF
DOMESTIC VIOLENCE ORDERS?
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