Existing law requires a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified. Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would authorize a law enforcement agency, as defined, to create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. The bill would require a law enforcement agency adopting this program to provide clear instructions on the procedure to voluntarily transfer custody of a firearm and to provide clear instructions on the process for requesting return of the firearm, as specified. Upon receipt of a firearm, the bill would require a law enforcement agency to, among other things, check a certain database to ensure the firearm has not previously been reported lost, stolen, or involved in a crime and ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person. The bill would require a law enforcement agency to destroy a firearm that a person failed to retrieve at the end of a time period specified by the law enforcement agency, except as provided. Existing law prohibits the carrying of a concealed firearm or the open carrying of a firearm, as specified. Existing law provides certain exemptions to these prohibitions, including exemptions for peace officers, retired peace officers, and persons possessing a valid license to carry a concealed firearm. Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. This bill would exempt the voluntary transfer of a firearm to a local law enforcement agency pursuant to the provisions above from these prohibitions and regulations.
Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law requires specified peace officers to successfully complete a training course prescribed by the Commission on Peace Officer Standards and Training (POST) before exercising the powers of a peace officer. Existing law requires the commission, for those instances where individuals have acquired prior comparable peace officer training, to adopt regulations providing for alternative means for satisfying the training required by a specified provision of law. Existing regulations provide a Basic Course Waiver to individuals with qualifying out-of-state or federal law enforcement experience whose law enforcement training, experience, and education are deemed by POST to demonstrate sufficient law enforcement knowledge, skill, and proficiency. This bill would provide that service as a sworn federal law enforcement officer whose primary duties consisted of any one or any combination of immigration inspection, border enforcement, or apprehension, detention, or removal of noncitizens under the federal immigration laws, and the training for that service, does not, standing alone, constitute qualifying training, experience, and education demonstrating sufficient law enforcement knowledge, skill, and proficiency for purposes of determining eligibility for a Regular Basic Course Waiver. By increasing duties on local law enforcement agencies, 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 the statutory provisions noted above.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor's parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the ward, including ordering the ward to be on probation without the supervision of the probation officer or ordering the care, custody, and control of the ward to be under the supervision of the probation officer who may place the ward in specified out-of-home placements. Existing law limits to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except, among other things, the limit does not apply to a ward ordered under the supervision of the probation officer for placement in specified out-of-home placements and a ward who is transferred or discharged from a secure youth treatment facility. This bill would remove the exclusion of wards that have been ordered to be under the supervision of the probation officer for placement in specified out-of-home placements from the 12-month limitation described above. The bill would authorize the court to extend a period of probation to comply with specified provisions, but would prohibit the court from imposing terms and conditions of probation or any other conditions of performance or compliance on the ward during this period of extended jurisdiction. The bill would specify that these provisions do not apply to a ward who has been committed to a secure youth treatment facility during the term of commitment.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigator's report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition. Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements. This bill would authorize the juvenile court to terminate or modify temporary probate guardianships at any hearing without further notice, if specified requirements are met, including, but not limited to, when in the best interests of the minor.
Existing law establishes an archery season for the taking of deer with bow and arrow. Existing law generally prohibits a person taking or attempting to take deer during that archery season from carrying, or having under their immediate control, a firearm of any kind, except for an active or honorably retired peace officer, as specified. This bill would repeal that prohibition.
