Firearms: gun violence restraining orders.
Summary
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. Existing law allows a city, county, or city and county to impose a charge relating to the seizure, impounding, storage, or release of a firearm, which may not exceed the actual costs incurred for expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed firearm dealer or to the owner. This bill would extend the authority to impose this charge for the above specified activities in regard to ammunition. 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 no reimbursement is required by this act for a specified reason.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2015
Committee Review
Jul 2015
Assembly Passage
Apr 2015
Senate Passage
Jul 2015
Signed into Law
Aug 2015
Introduced Feb 26, 2015
Signed Aug 13, 2015
Floor votes · Senate Jul 6, 2015 · Assembly Jul 9, 2015
How they voted
34–0
Passed · 1 other
Total votes 35
Jul 6, 2015
D
Democratic24
100% Yea
R
Republican11
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
8
Committee
8
Amendments
3
Aug 13, 2015
Signed into law
Approved by the Governor.
legislature
Jul 9, 2015
Assembly · Passed
Assembly Vote: pass (73-0-2)
assembly
Jul 9, 2015
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2314.).
lower
Jul 6, 2015
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Jul 6, 2015
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77.
lower
Jun 30, 2015
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 29, 2015
Introduced
From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (June 29).
upper
Jun 22, 2015
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 9, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 9). Re-referred to Com. on APPR.
upper
May 14, 2015
Committee
Referred to Com. on PUB. S.
upper
Apr 22, 2015
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22).
lower
Apr 15, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 14). Re-referred to Com. on APPR.
lower
Mar 16, 2015
Committee
Referred to Com. on PUB. S.
lower
Feb 27, 2015
Lower · Passed
From printer. May be heard in committee March 29.
lower
1 primary · 1 co-sponsor
Sponsors
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