Bill Text: CA AB3014 | 2023-2024 | Regular Session | Introduced
Bill Title: Restrictions on firearm possession.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-30 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB3014 Detail]
Download: California-2023-AB3014-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3014
| Introduced by Assembly Member Irwin |
February 16, 2024 |
An act to amend Sections 18100, 18108, 18109, 18115, 18120, 18150, 18155, 18170, 18190, 18250, 18260, 18275, 18400, 18405, 18415, 181420, and 18500 of the Penal Code, and to amend Sections 8100, 8102, and 8105 of the Welfare and Institutions Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 3014, as introduced, Irwin.
Restrictions on firearm possession.
Existing law authorizes a court to issue a gun violence restraining order to prohibit a person from purchasing or possessing a firearm or ammunition for a period of one to 5 years, subject to renewal for additional one- to 5-year periods, if the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having a firearm and the order is necessary to prevent personal injury to the subject of the petition or another. Existing law also allows a gun violence restraining order to be issued on an ex parte basis for up to 21 days. Existing law allows a petition for these gun violence restraining orders to be made by a law enforcement officer, or an immediate family member, employer, coworker, or teacher, as specified, of the subject of the petition.
This bill would additionally authorize a district attorney
to request that the court issue a temporary emergency gun violence restraining order. The bill would make other conforming changes.
Existing law prohibits a person from possessing a firearm or other deadly weapon if the person is admitted to a mental health facility and the mental health professional who is treating the person determines that the person is a danger to themself or others and requires the professional to report to a local law enforcement agency the identity of the person, as specified. Existing law authorizes a law enforcement agency to temporarily confiscate any firearm or other deadly weapon that the person possesses while the person is admitted, as specified. Existing law requires the confiscating law enforcement agency to initiate a petition in the superior court within 30 days of the person being released from the facility for a hearing to determine whether the return of the firearm or other deadly weapon would be likely to result in endangering
the person or others, as specified.
This bill would additionally allow a mental health practitioner to report the identity of a person prohibited from possessing a firearm or other deadly weapon to a district attorney and would additionally authorize a district attorney to file the petition to determine if the person should continue to be prohibited from possessing a firearm or other deadly weapon. The bill would make other conforming changes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18100 of the Penal Code is amended to read:18100.
(a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in(b) For purposes of this chapter, the term “ammunition” includes a “magazine” as defined in Section 16890.
(c) As used in this chapter, “law enforcement officer” includes a person employed as an inspector or investigator in the office of a district attorney, as described in Section 830.1.
SEC. 2.
Section 18108 of the Penal Code is amended to read:18108.
(a) (1) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders.(2) Prior to petitioning for a gun violence restraining order, a district attorney shall develop, adopt, and implement written policies and standards relating to gun violence restraining orders pursuant to
paragraph (1).
(b) The policies and standards shall instruct officers to consider the use of a gun violence restraining order during a domestic disturbance response to any residence which is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm. The policies and standards should encourage the use of gun violence restraining orders in appropriate situations to prevent future violence involving a firearm.
(c) The policies and standards should also instruct officers to consider the use of a gun violence restraining order during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm. The policies and standards shall encourage officers
encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm.
(d) The written policies and standards developed pursuant to this section shall be consistent with any gun violence restraining order training administered by the Commission on Peace Officer Standards and Training, and shall include all of the following:
(1) Standards and procedures for requesting and serving a temporary emergency gun violence restraining order.
(2) Standards and procedures for requesting and serving an ex parte gun violence restraining order.
(3) Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing.
(4) Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.
(5) Standards and procedures for verifying the removal of firearms and ammunition from the subject of a gun violence restraining order.
(6) Standards
and procedures for obtaining and serving a search warrant for firearms and ammunition.
(7) Responsibility of officers to attend gun violence restraining order hearings.
(8) Standards and procedures for requesting renewals of expiring gun violence restraining orders.
(e) Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University Police Departments are encouraged, but not required by this section, to train officers on standards and procedures implemented pursuant to this section, and may incorporate these standards and procedures into an academy course, preexisting annual training, or other continuing education program.
(f) In developing
these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts and mental health professionals.
(g) Policies developed pursuant to this section shall be made available to the public upon request.
SEC. 3.
Section 18109 of the Penal Code is amended to read:18109.
(a) This division does not require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but not limited to, in a case in which the agency or officer concludes, after investigation, that the criteria for issuance of a gun violence restraining order are not satisfied.(b) A petition brought by a law enforcement officer may be made in the name of the law enforcement agency in which the officer is employed.
A petition brought by a district attorney shall be brought in the name of the people of the State of California.
(c) This section shall become operative on September 1, 2020.
SEC. 4.
Section 18115 of the Penal Code is amended to read:18115.
(a) The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one court day after issuing or renewing the order.(b) The court shall notify the Department of Justice when a gun violence restraining order has been dissolved or terminated under this division no later than five court days after dissolving or terminating the order. Upon receipt of either a notice of dissolution or a notice of termination of a gun violence restraining order, the Department of Justice shall, within 15 days, document the updated status of any order issued under this division.
(c) The notices required to be submitted to the Department of
Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the department.
(d) When notifying the Department of Justice pursuant to subdivision (a) or (b), the court shall indicate in the notice whether the person subject to the gun violence restraining order has filed a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175 or was present in court to be informed of the contents of the order or if the person failed to appear. The person’s filing of relinquishment of firearm rights or the person’s presence in court constitutes proof of service of notice of the terms of the order.
(e) (1) Within one business day of service, a law enforcement officer who served a gun violence restraining order shall submit the proof of service directly into the California Restraining and Protective Order System,
including their name and law enforcement agency, and shall transmit the original proof of service form to the issuing court.
(2) Within one business day of service, a person employed as an inspector or investigator in the office of a district attorney, as described in Section 830.1, who served a gun violence restraining order shall submit the proof of service to the clerk of the court that issued the restraining order or to a local law enforcement agency. Within one business day of receipt of proof of service, the clerk of the court or local law enforcement agency shall submit the proof of service of a gun violence restraining order directly into the California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide the notification to the Department of Justice by electronic transmission,
the court shall, within one business day of receipt, transmit a copy of the proof of service to a local law enforcement agency.
(2)
(3) Within one business day of receipt of proof of service by a person other than a law enforcement officer, the clerk of the court shall submit the proof of service of a gun violence restraining order directly into the California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the proof of
service to a local law enforcement agency. The local law enforcement agency shall submit the proof of service directly into the California Restraining and Protective Order System within one business day of receipt from the court.
(3)
(4) Within one business day of issuance of a gun violence restraining order based on a relinquishment of firearm rights pursuant to subdivision (d) of Section 18175, the clerk of the court shall enter the relinquishment of firearm rights form directly into the California Restraining and Protective Order System. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one
business day of receipt, transmit a copy of the relinquishment of firearm rights form to a local law enforcement agency. The local law enforcement agency shall submit the relinquishment of firearm rights form directly into the California Restraining and Protective Order System within one business day of receipt from the court.
SEC. 5.
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 the person’s 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 all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to this subdivision.
(2) The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request
of a 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 firearms or ammunition shall request that all firearms and ammunition be immediately surrendered.
(3) If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830.
(4) The law enforcement officer or licensed firearms dealer taking possession of 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.
(5) 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 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, if any, 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) Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency or transferred to another law enforcement agency for retention pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration of an order, the 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 firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if 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 firearms or ammunition surrendered pursuant to this section, and the person 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
the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(e) Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
(f) This section shall become operative on September 1, 2020.
SEC. 6.
Section 18150 of the Penal Code is amended to read:18150.
(a) (1) Any of the following individuals may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition:(A) An immediate family member of the subject of the petition.
(B) An employer of the subject of the petition.
(C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer.
(D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.
(E) A law enforcement officer.
(F) A roommate of the subject of the petition.
(G) An individual who has a dating relationship with the subject of the petition.
(H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year.
(I) A district attorney.
(2) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243.
(3) For purposes of this subdivision, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year.
(4) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had
substantial and regular interactions with the subject for at least one year.
(5) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:
(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to the subject of the petition or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm as determined by
considering the factors listed in Section 18155.
(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition.
(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.
(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or
denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(e) This section shall become operative on September 1, 2020.
SEC. 7.
Section 18155 of the Penal Code is amended to read:18155.
(a) (1) The court, before issuing an ex parte gun violence restraining order, shall examine(2) In lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath.
(b) (1) In determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
(A) A recent threat of violence or act of violence by the subject of the petition directed toward another.
(B) A recent threat of violence or act of violence by the subject of the petition directed toward themselves.
(C) A violation of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code that is in effect at the
time the court is considering the petition.
(D) A recent violation of an unexpired protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code.
(E) A conviction for any offense listed in Section 29805.
(F) A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward themselves or another.
(2) In determining whether grounds for a gun violence restraining order exist, the court may consider any other evidence of an increased risk for violence, including,
but not limited to, evidence of any of the following:
(A) The unlawful and reckless use, display, or brandishing of a firearm by the subject of the petition.
(B) The history of use, attempted use, or threatened use of physical force by the subject of the petition against another person.
(C) A prior arrest of the subject of the petition for a felony offense.
(D) A history of a violation by the subject of the petition of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code.
(E) A history of a violation by the subject of the petition of a protective order issued pursuant to Part 4 (commencing with Section
6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code.
(F) Documentary evidence, including, but not limited to, police reports and records of convictions, of either recent criminal offenses by the subject of the petition that involve controlled substances or alcohol or ongoing abuse of controlled substances or alcohol by the subject of the petition.
(G) Evidence of recent acquisition of firearms, ammunition, or other deadly weapons.
(H) Evidence of acquisition of body armor, as defined in Section 16288.
(3) For the purposes of this subdivision, “recent” means within the six months prior to the date the petition was filed.
(c) If the court determines that the grounds to issue an ex parte gun violence restraining order exist, it shall issue an ex parte gun violence restraining order that prohibits the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition, and expires no later than 21 days from the date of the order.
SEC. 8.
Section 18170 of the Penal Code is amended to read:18170.
(a) (1) Any of the following individuals may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of time between one to five years:(A) An immediate family member of the subject of the petition.
(B) An employer of the subject of the petition.
(C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the
employer.
(D) An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.
(E) A law enforcement officer.
(F) A roommate of the subject of the petition.
(G) An individual who has a dating relationship with the subject of the petition.
(H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year.
(I) A district attorney.
(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
(b) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243.
(c) For purposes of this section, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year.
(d) For purposes of this
subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year.
(e) This section shall become operative on September 1, 2020.
SEC. 9.
Section 18190 of the Penal Code is amended to read:18190.
(a) (1) Any of the following people may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order:(A) An immediate family member of the subject of the petition.
(B) An employer of the subject of the petition.
(C) A coworker of the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer.
(D) An employee or teacher of a secondary or postsecondary school that
the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.
(E) A law enforcement officer.
(F) A roommate of the subject of the petition.
(G) An individual who has a dating relationship with the subject of the petition.
(H) An individual who has a child in common with the subject of the petition, if they have had substantial and regular interactions with the subject for at least one year.
(I) A district attorney.
(2) For purposes of this subdivision, “dating relationship” has the same meaning as in paragraph (10) of subdivision (f) of Section 243.
(3) For purposes of this subdivision, “immediate family member” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any person related by consanguinity or affinity within the fourth degree who has had substantial and regular interactions with the subject for at least one year.
(4) For purposes of this subdivision, “roommate” means a person who regularly resides in the household, or who, within the prior six months, regularly resided in the household, and who has had substantial and regular interactions with the subject for at least one year.
(5) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.
(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.
(d) At the
hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.
(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.
(f) (1) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of between one to five years, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.
(2) In determining the duration of the gun violence restraining order pursuant to paragraph (1), the court shall consider the length of time that the circumstances set
forth in subdivision (b) of Section 18175 are likely to continue, and shall issue the order based on that determination.
(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
(h) This section shall become operative on September 1, 2020.
SEC. 10.
Section 18250 of the Penal Code is amended to read:18250.
(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:(1) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer of a city, as defined in subdivision (a) of Section
830.1. police officer of a city, or a person employed as an inspector or investigator in the office of a district attorney, as described in Section 830.1.
(2) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(3) A member of the University of California Police Department, as defined in subdivision (b) of Section 830.2.
(4) An officer listed in Section 830.6, while acting in the course and scope of the officer’s employment as a peace officer.
(5) A member of a California State University Police Department, as defined in subdivision (c) of Section 830.2.
(6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(7) A peace officer, as defined in subdivision (d) of Section 830.31.
(8) A peace officer, as defined in subdivisions (a) and (b) of Section 830.32.
(9) A peace officer, as defined in Section 830.5.
(10) A sworn member of the Department of Justice who is a peace officer, as defined in Section 830.1.
(11) A member of the San Francisco Bay Area Rapid Transit District Police Department, as defined in subdivision (a) of Section 830.33.
(b) This section shall
become operative on January 1, 2016.
SEC. 11.
Section 18260 of the Penal Code is amended to read:18260.
(a) Any peace officer, as defined in subdivisions (a) and (b) of Section 830.32, who takes custody of a firearm or other deadly weapon pursuant to this division, shall deliver the firearm or other deadly weapon within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the college or school is located.(b) A person employed as an inspector or investigator in the office of a district attorney, as described in Section 830.1, who takes custody of a firearm or other deadly weapon pursuant to this division shall deliver the firearm or other
deadly weapon within 24 hours to the office of the district attorney, city police department, or county sheriff’s office in the jurisdiction where the firearm or other deadly weapon was seized.
SEC. 12.
Section 18275 of the Penal Code is amended to read:18275.
(a) Any firearm or other deadly weapon that has been taken into custody and held by any of the following law enforcement authorities for longer than 12 months, and has not been recovered by the owner or person who had lawful possession at the time it was taken into custody, shall be considered a nuisance and destroyed as provided in subdivision (a) of Section 18005:(1) A police, university police, or sheriff’s department. department, or office of a district attorney.
(2) A marshal’s office.
(3) A peace officer of the Department of the California Highway Patrol, as defined in subdivision (a) of Section 830.2.
(4) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2.
(5) A peace officer, as defined in subdivision (d) of Section 830.31.
(6) A peace officer, as defined in Section 830.5.
(b) If a firearm or other deadly weapon is not recovered within 12 months due to an extended hearing process as provided in Section 18420, it is not subject to destruction until the court issues a decision, and then only if the court does not order the return of the firearm or other deadly weapon to the owner.
SEC. 13.
Section 18400 of the Penal Code is amended to read:18400.
(a) When a law enforcement agency or a district attorney has reasonable cause to believe that the return of a firearm or other deadly weapon seized under this division would be likely to result in endangering the victim or the person who reported the assault or threat, the agency or district attorney shall so advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned.(b) The law enforcement agency
or district attorney may make an ex parte application stating good cause for an order extending the time to file a petition.
(c) Including any extension of time granted in response to an ex parte request, a petition must be filed within 90 days of the date of seizure of the firearm or other deadly weapon.
SEC. 14.
Section 18405 of the Penal Code is amended to read:18405.
(a) If a petition is filed under Section 18400, the law enforcement agency or district attorney shall inform the owner or person who had lawful possession of the firearm or other deadly weapon, at that person’s last known address, by registered mail, return receipt requested, that the person has 30 days from the date of receipt of the notice to respond to the court clerk to confirm the person’s desire for a hearing, and that the failure to respond shall result in a default order forfeiting the confiscated firearm or other deadly weapon.(b) For purposes of this section, the person’s last known address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the domestic violence incident.
(c) In the event the person whose firearm or other deadly weapon was seized does not reside at the last address provided to the agency, the agency or district attorney shall make a diligent, good faith effort to learn the whereabouts of the person and to comply with these notification requirements.
SEC. 15.
Section 18415 of the Penal Code is amended to read:18415.
(a) If the person who receives a petition under Section 18405 does not request a hearing or does not otherwise respond within 30 days of the receipt of the notice, the law enforcement agency or district attorney may file a petition for an order of default and may dispose of the firearm or other deadly weapon as provided in Sections 18000 and 18005.(b) The court
shall transmit a copy of the order of default described in subdivision (a) to the Department of Justice.
SEC. 16.
Section 18420 of the Penal Code is amended to read:18420.
(a) If, at a hearing under Section 18410, the court does not order the return of the firearm or other deadly weapon to the owner or person who had lawful possession, that person may petition the court for a second hearing within 12 months from the date of the initial hearing.(b) If there is a petition for a second hearing, unless it is shown by clear and convincing evidence that the return of the firearm or other deadly weapon would result in endangering the victim or the person reporting the assault or threat, the court shall order the return of the firearm or other deadly weapon and shall award reasonable attorney’s fees to the prevailing party.
(c) If the owner or person who had lawful possession
does not petition the court within this 12-month period for a second hearing or is unsuccessful at the second hearing in gaining return of the firearm or other deadly weapon, the firearm or other deadly weapon may be disposed of as provided in Sections 18000 and 18005.
(d) If the court orders a firearm to be disposed of pursuant to subdivision (c), the court shall transmit a copy of the order to the Department of Justice.
SEC. 17.
Section 18500 of the Penal Code is amended to read:18500.
The law enforcement agency,SEC. 18.
Section 8100 of the Welfare and Institutions Code is amended to read:8100.
(a) A person shall not have(b) (1) A person shall not have in his or her possession or under his or her custody or control, possession, custody, or control of, or purchase
or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of five years if, on or after January 1, 2014, he or she the person communicates to a licensed psychotherapist, as defined in subdivisions (a) to (e), inclusive, of Section 1010 of the Evidence Code, a serious threat of physical violence against a reasonably identifiable victim or victims. The five-year period shall commence from the date that the licensed psychotherapist reports to the local law enforcement agency or district attorney the identity of the person making the communication. The prohibition provided for in this subdivision shall
does not apply unless the licensed psychotherapist notifies a local law enforcement agency or district attorney of the threat by that person. The person, however, may own, possess, have custody or control over, or receive or purchase any firearm if a superior court, pursuant to paragraph (3) and upon petition of the person, has found, by a preponderance of the evidence, that the person is likely to use firearms or other deadly weapons in a safe and lawful manner.
(2) Upon receipt of the report from the local law enforcement agency or district attorney pursuant to subdivision (c) of Section 8105, the Department of Justice shall notify by certified mail, return receipt requested, a person subject
to this subdivision of both of the following:
(A) That he or she the person is prohibited from possessing, having custody or control over, receiving, or purchasing any firearm or other deadly weapon for a period of five years commencing from the date that the licensed psychotherapist reports to the local law enforcement agency the identity of the person making the communication. The notice shall state the date when the prohibition commences and ends.
(B) That he or she
the person may petition a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm.
(3) (A) Any A person who is subject to paragraph (1) may petition the superior court of his or her their county of residence for an order that he or she they may
own, possess, have custody or control over, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or upon its own motion, the superior court may transfer the petition to the county in which the person resided at the time of the statements, or the county in which the person made the statements. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in Section 8105 with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney is notified of the hearing date
by the clerk of the court. The court, upon motion of the petitioner establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other provision of
law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this paragraph.
(B) The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(C) If the court finds at the hearing that the people have not met their burden as set forth in subparagraph (B), the court shall order that the person shall not be subject to the five-year prohibition in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any
firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the person’s state mental health firearms prohibition system information.
(D) If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the person’s state
mental health firearms prohibition system information.
(E) Nothing in this subdivision shall prohibit the use of reports filed pursuant to this section to determine the eligibility of a person to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(c) “Discharge,” for the purposes of this section, does not include a leave of absence from a facility.
(d) “Attending health care professional,” as used in this section, means the licensed health care professional primarily responsible for the person’s treatment who is qualified to make the decision that the person has a mental disorder and has probable cause to believe that the person is a danger to self or others.
(e) “Deadly weapon,” as used in this section and in Sections 8101, 8102, and 8103, means any weapon, the possession or concealed carrying of which is prohibited by any provision listed in Section 16590 of the Penal Code.
(f) “Danger to self,” as used in subdivision (a), means a voluntary person who has made a serious threat of, or attempted, suicide with the use of a firearm or other deadly weapon.
(g) A violation of subdivision (a) of, or paragraph (1) of subdivision (b) of, this section shall be a public offense, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(h) The
prohibitions set forth in this section shall be in addition to those set forth in Section 8103.
(i) Any person admitted and receiving treatment prior to January 1, 1992, shall be governed by this section, as amended by Chapter 1090 of the Statutes of 1990, until discharged from the facility.
SEC. 19.
Section 8102 of the Welfare and Institutions Code is amended to read:8102.
(a) Whenever a person, who has been detained or apprehended for examination of“Deadly weapon,” as used in this section, has the meaning prescribed by Section 8100.
(b) (1) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her their mental condition, the peace officer or law enforcement agency shall issue a receipt describing the deadly weapon or any firearm and listing any serial number or other identification on the firearm and shall notify the person of the procedure for the return, sale, transfer, or destruction of any firearm or other
deadly weapon which
that has been confiscated. A peace officer or law enforcement agency that provides the receipt and notification described in Section 33800 of the Penal Code satisfies the receipt and notice requirements.
(2) If the person is released, the professional person in charge of the facility, or his or her
their designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated.
(3) Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm.
(4) For purposes of this subdivision, the procedure for the return, sale, or transfer of confiscated firearms includes the procedures described in this section and the procedures described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code.
(5) In lieu of destroying a firearm that has been confiscated
pursuant to this section that is a nuisance, unclaimed, abandoned, or otherwise subject to destruction, a law enforcement agency may retain or transfer the firearm as provided in Section 34005 of the Penal Code.
(c) Upon the release of a person as described in subdivision (b), the confiscating law enforcement agency or district attorney shall have 30 days to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her
the right to a hearing on this issue. The law enforcement agency
or district attorney may make an ex parte application stating good cause for an order extending the time to file a petition. Including any extension of time granted in response to an ex parte request, a petition shall be filed within 60 days of the release of the person from a health facility.
(d) If the law enforcement agency or district attorney does not initiate proceedings within the 30-day period, or the period of time authorized by the court in an ex parte order issued pursuant to subdivision (c), it shall make the weapon available for return upon compliance with all applicable requirements, including the requirements specified in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code.
(e) The law enforcement agency
or district attorney shall inform the person that he or she has they have 30 days to respond to the court clerk to confirm his or her desire for request a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For a confiscated firearm, the period of forfeiture is 180 days pursuant to Section 33875 of the Penal Code, unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code. For the purpose of this subdivision, the
person’s last known address shall be the address provided to the law enforcement officer by the person at the time of the person’s detention or apprehension.
(f) If the person responds and requests a hearing, the court clerk shall set a hearing, no later than 30 days from receipt of the request. The court clerk shall notify the person and the district attorney of the date, time, and place of the hearing.
(g) (1) If the person does not respond within 30 days of the notice, the law enforcement agency or district attorney may file a petition
for order of default, allowing the law enforcement agency to destroy the firearm in 180 days from the date the court enters default unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code.
(2) If an order of default is entered, the court shall transmit a copy of the order of default to the Department of Justice.
(h) (1) If, after a hearing, the court determines that the return of the firearm or other deadly weapon would likely
endanger the person or others, the law enforcement agency that has custody of the firearm may destroy the firearm within 180 days from the date that the court makes that determination, unless the person contacts the law enforcement agency that has custody of the firearm to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code.
(2) If the court determines that the return of a firearm would likely endanger the person or others, the court shall transmit a copy of the order to the Department of Justice.
SEC. 20.
Section 8105 of the Welfare and Institutions Code is amended to read:8105.
(a) The Department of Justice shall request each public and private mental hospital, sanitarium, and institution to submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives.(b) Upon request of the Department of Justice pursuant to subdivision (a), each public and private mental hospital, sanitarium, and institution shall submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms,
destructive devices, and explosives.
(c) A licensed psychotherapist shall report to a local law enforcement agency, agency or district attorney within 24 hours, in a manner prescribed by the Department of Justice, the identity of a person subject to the prohibition specified by subdivision (b) of Section 8100. Upon receipt of the report, the local law enforcement agency, agency or district attorney, on a form prescribed by the Department of Justice, shall notify the department electronically, within 24 hours, in a manner prescribed by the department, of the person who
is subject to the prohibition specified by subdivision (b) of Section 8100.
(d) All information provided to the Department of Justice pursuant to this section shall be kept confidential, separate, and apart from all other records maintained by the department. The information provided to the Department of Justice pursuant to this section shall be used only for any of the following purposes:
(1) By the department to determine eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives.
(2) For the purposes of the court proceedings described in subdivision (b) of Section 8100, to determine the eligibility of the person who is bringing the petition pursuant to paragraph (3) of subdivision (b) of Section 8100.
(3) To
determine the eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives who is the subject of a criminal investigation, or who is the subject of a petition for the issuance of a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code, if a part of the investigation involves the acquisition, carrying, or possession of firearms, explosives, or destructive devices by that person.
(e) Reports shall not be required or requested under this section if the same person has been previously reported pursuant to Section 8103 or 8104.
(f)This section shall become operative on January 1, 2016.
