BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2129|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2129
Author: Spitzer (R)
Amended: 6/5/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/13/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
ASSEMBLY FLOOR : 75-0, 5/11/06 - See last page for vote
SUBJECT : Restraining orders: firearm relinquishment
SOURCE : Judicial Council of California
DIGEST : This bill requires 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.
ANALYSIS : 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, or subject to a restraining order
issued relating to victim or witness intimidation, as
specified, or elder or dependent adult abuse, as specified,
shall relinquish a firearm as follows:
1. If the person subject to the order or injunction is
CONTINUED
AB 2129
Page
2
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.
2. 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.
[Section 527.9 of the Code of Civil Procedure]
This bill revises this provision to require instead that,
upon issuance of a protective order issued pursuant to
these provisions, a person subject to the order will be
required to relinquish a firearm within 24 hours of being
served with the order.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/15/06)
Judicial Council of California (source)
California Million Moms March
California Organization of Police and Sheriffs
Crime Victims United of California
Family Law Section of the State Bar of California
Junior Leagues of California State Public Affairs Committee
Legal Community Against Violence
Office of the Attorney General
Orange County Citizens for the Prevention of Gun Violence
Violence Prevention Coalition of Orange County
ARGUMENTS IN SUPPORT : 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
Page
3
"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?"
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Karnette, Keene, Klehs, La Malfa,
La Suer, Laird, Leno, Levine, Lieber, Lieu, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Parra,
Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,
Ruskin, Salinas, Spitzer, Strickland, Torrico, Tran,
Umberg, Vargas, Villines, Walters, Wolk, Wyland, Yee,
Nunez
NO VOTE RECORDED: Goldberg, Koretz, Leslie, Oropeza,
Saldana
RJG:mel 6/15/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****