Firearm restraining orders.
Summary
Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order's expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer. This bill would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would also specify that these provisions shall not be construed to require any of those persons to seek a gun violence restraining order.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Assembly Passage
Jun 2016
Senate Passage
Jun 2016
Vetoed
Aug 2016
Introduced Feb 19, 2016
Vetoed Aug 1, 2016
Floor votes · Senate Jun 30, 2016 · Assembly Jun 2, 2016
How they voted
21–14
Passed · 5 other
Total votes 40
Jun 30, 2016
D
Democratic26
80% Yea
R
Republican14
92% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
2
Committee
8
Aug 1, 2016
Vetoed
Consideration of Governor's veto pending.
Jul 1, 2016
Vetoed
Vetoed by Governor.
Jun 30, 2016
Senate · Passed
Senate Vote: pass (21-14-5)
Jun 30, 2016
Assembly · Reported by committee
In Assembly. Ordered to Engrossing and Enrolling.
Jun 20, 2016
Senate · Reported by committee
From committee: Do pass. (Ayes 5. Noes 2.) (June 20).
Jun 14, 2016
Senate · Referred to committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (June 14). Re-referred to Com. on APPR.
Jun 9, 2016
Senate · Referred to committee
Referred to Coms. on PUB. S. and APPR.
Jun 2, 2016
Assembly · Passed
Assembly Vote: pass (40-36-2)
Apr 21, 2016
Assembly · Reported by committee
From committee: Do pass. (Ayes 4. Noes 2.) (April 20).
Mar 28, 2016
Assembly · Referred to committee
Re-referred to Com. on PUB. S.
Mar 17, 2016
Assembly · Referred to committee
Referred to Com. on PUB. S.
Feb 21, 2016
Assembly · Reported by committee
From printer. May be heard in committee March 22.
Feb 19, 2016
Assembly · Introduced
Introduced. To print.
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Phil Ting
DDemocratic
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