LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Skinner. Gun violence restraining orders.
(1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect and if prohibited by that order.
This bill would establish a procedure to obtain a gun violence restraining order and, when applicable, a firearm seizure warrant, when a person poses a significant risk of personal injury to himself or herself or others by possessing a firearm. The bill would establish the requirements for obtaining a gun violence restraining order and a firearm seizure warrant and would require, not later than 14 days after the execution of a gun violence restraining order, and, when applicable, a firearm seizure warrant, a hearing to determine whether a person who is subject to the order may, among other things, own or possess a firearm, or whether the seized firearm should be returned.
If it is determined that the person poses a significant risk of personal injury to himself or herself or others by possessing firearms, this bill would require law enforcement to retain the firearm for a period not to exceed one year, would make ownership or possession, the purchase or receipt, or attempted purchase or receipt of a firearm by that person a misdemeanor for a period up to one year, and would require the court to notify the Department of Justice, as specified. By creating a new crime and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program.
This bill would authorize a law enforcement agency to request a renewal of a gun violence restraining order if the agency has probable cause to believe that a person subject to that restraining order continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm. This bill would additionally authorize a judge, upon his or her own motion, or upon request of another person, to issue a renewal of a gun violence restraining order, as specified.
(2) Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault.
This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order.
(3) Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are admitted to a specified facility because the person is a danger to himself, herself, or others, to own, possess, control, receive, or purchase any firearm. Existing law requires the department to only use the information for certain specified purposes.
This bill would require the department to use the above-described information to determine the eligibility of a person who is the subject to either a gun violence restraining order or a firearm seizure warrant to acquire, carry, or possess firearms, destructive devices, or explosives.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
..Was to be expected, given the numerous, endless 'events'. Opinions welcome.