Bill Text: CA AB2617 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 2617 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Firearms: gun violence restraining orders.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 286, Statutes of 2020. [AB2617 Detail]

Download: California-2019-AB2617-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2617

Introduced by Assembly Member Gabriel
(Principal coauthor: Assembly Member Friedman)
(Coauthors: Assembly Members Aguiar-Curry, Berman, Bonta, Gloria, Levine, Limón, McCarty, Petrie-Norris, Quirk-Silva, Luz Rivas, Santiago, Mark Stone, Wicks, and Wood)
(Coauthor: Senator Wiener)

February 20, 2020

An act to amend Section 18205 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL'S DIGEST

AB 2617, as introduced, Gabriel. Firearms: prohibited persons.

Under existing law, a person who owns or possesses a firearm or ammunition with the knowledge that they are prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order.

This bill would specify that this offense also applies to persons who are subject to a gun violence restraining order, as described, issued by an out-of-state jurisdiction.

By expanding the application of an existing crime, 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 18205 of the Penal Code is amended to read:

18205.

Every person who owns or possesses a firearm or ammunition with knowledge that ~~he or she is~~ they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), or a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor and shall be prohibited from having ~~in his or her~~ custody or ~~control,~~ control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.