BILL NUMBER: AB 950 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Melendez
(Principal coauthor: Senator Pan)
FEBRUARY 26, 2015
An act to amend Sections 18120 and 29830 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 950, as introduced, Melendez. Firearms: gun violence
restraining orders.
Existing law allows an immediate family member or a law
enforcement officer to request a court to issue a gun violence
restraining order to enjoin a person from owning or possessing a
firearm or ammunition for a period of one year upon a showing that
the person poses a significant danger of personal injury to himself,
herself, or another and that a gun violence restraining order is
necessary to prevent that injury. Existing law requires a person who
is subject to a gun violence restraining order to surrender his or
her firearms and ammunition immediately upon request of any law
enforcement officer. If no request is made, existing law requires the
person to surrender his or her firearms or ammunition to a local law
enforcement agency or to sell his or her firearms or ammunition to a
licensed firearms dealer within 24 hours.
Existing law allows any person who is prohibited from owning or
possessing a firearm to transfer his or her firearms to a licensed
firearms dealer for the duration of the prohibition.
This bill would allow a person who is subject to a gun violence
restraining order to transfer his or her firearms or ammunition to a
licensed firearms dealer for the duration of the prohibition. If the
firearms or ammunition have been surrendered to a law enforcement
agency, the bill would entitle the owner to have them transferred to
a licensed firearms dealer. The bill would additionally provide for
the transfer of ammunition to a licensed firearms dealer by any
person who is prohibited from owning or possessing ammunition. By
imposing additional duties on local law enforcement, this bill would
impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18120 of the Penal Code is amended to read:
18120. (a) A person subject to a gun violence restraining order
issued pursuant to this division shall not have in his or her custody
or control, own, purchase, possess, or receive any firearms or
ammunition while that order is in effect.
(b) (1) Upon issuance of a gun violence restraining order issued
pursuant to this division, the court shall order the restrained
person to surrender to the local law enforcement agency
all firearms and ammunition in the restrained person's
custody or control, or which the restrained person possesses or
owns. owns pursuant to paragraph (2).
(2) The surrender ordered pursuant to paragraph (1) shall occur by
immediately surrendering all firearms and ammunition in a safe
manner, upon request of any law enforcement officer, to the control
of the officer, after being served with the restraining order. A law
enforcement officer serving a gun violence restraining order that
indicates that the restrained person possesses any firearms or
ammunition shall request that all firearms and ammunition be
immediately surrendered. Alternatively, if no request is made by a
law enforcement officer, the surrender shall occur within 24 hours of
being served with the order, by either
surrendering all firearms and ammunition in a safe manner to the
control of the local law enforcement agency, or by
selling all firearms and ammunition to a licensed gun
dealer, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4 of Part 6 of the Penal Code. firearms
dealer, or transferring all firearms and ammunition to a licensed
firearms dealer in accordance with Section 29830. The law
enforcement officer or licensed gun firearms
dealer taking possession of any firearms or ammunition pursuant
to this subdivision shall issue a receipt to the person surrendering
the firearm or firearms or ammunition or both at the time of
surrender. A person ordered to surrender all firearms and ammunition
pursuant to this subdivision shall, within 48 hours after being
served with the order, do both of the following:
(A) File with the court that issued the gun violence restraining
order the original receipt showing all firearms and ammunition have
been surrendered to a local law enforcement agency or sold or
transferred to a licensed gun firearms
dealer. Failure to timely file a receipt shall constitute a
violation of the restraining order.
(B) File a copy of the receipt described in subparagraph (A) with
the law enforcement agency that served the gun violence restraining
order. Failure to timely file a copy of the receipt shall constitute
a violation of the restraining order.
(c) (1) Any firearms or ammunition surrendered to a law
enforcement officer or law enforcement agency pursuant to this
section shall be retained by the law enforcement agency until the
expiration of any gun violence restraining order that has been issued
against the restrained person. Upon expiration of any order, any
firearms or ammunition shall be returned to the restrained person in
accordance with the provisions of Chapter 2 (commencing with Section
33850) of Division 11 of Title 4. Firearms or ammunition that are not
claimed are subject to the requirements of Section 34000.
(2) A restrained person who owns any firearms or ammunition that
are in the custody of a law enforcement agency pursuant to this
section and who does not wish to have the firearm or
firearms or ammunition returned is entitled to sell
any firearms or ammunition to a licensed firearms dealer or
transfer title of any firearms or ammunition to a
licensed firearms dealer in accordance with
Section 29830, provided that the firearm or firearms or
ammunition are otherwise legal to own or possess and the restrained
person otherwise has right to title of the firearm or firearms or
ammunition.
(d) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this section, and
he or she is determined by the law enforcement agency to be the
lawful owner of the firearm or firearms or ammunition, the firearm or
firearms or ammunition shall be returned to him or her pursuant to
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
SEC. 2. Section 29830 of the Penal Code is amended to read:
29830. (a) Any person who is prohibited from owning or possessing
a firearm or ammunition pursuant to this article, or who
is prohibited from owning or possessing a firearm or ammunition
pursuant to any other law, may transfer or cause to be
transferred, any firearm or firearms or ammunition in his
or her possession, or of which he or she is the owner, to a firearms
dealer licensed pursuant to Section 26700 to 26915, inclusive, for
storage during the duration of the prohibition, if the prohibition on
owning or possessing the firearm will expire on a date specified in
the court order.
(b) A firearms dealer who stores a firearm or firearms or
ammunition pursuant to subdivision (a), may charge the owner a
reasonable fee for the storage of the firearm or
firearms. firearms or ammunition.
(c) A firearms dealer who stores a firearm or firearms or
ammunition pursuant to subdivision (a) shall notify the
Department of Justice of the date that the firearms dealer has taken
possession of the firearm or firearms.
firearms or ammunition.
(d) Any firearm that is returned by a dealer to the owner of the
firearm pursuant to this section shall be returned in accordance with
the procedures set forth in Section 27540 and Article 1 (commencing
with Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.