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the active bills we support in California State Legislature


Gun Control / Criminal Justice bills

AB 12 (Irwin): Firearms: gun violence restraining orders

This bill would streamline and clarify the process for serving and extending Gun Violence Restraining Orders (GVROs, see definition note below).

This bill provides for a search warrant for firearms and ammunition to be issued at the same time as the GVRO, so that if the individual subject to the GVRO denies possession of firearms and ammunition, the service officer need not return to the court for a search warrant before removing that individual’s firearms. It furthermore clarifies that the current allowance for an individual being served with a GVRO to store or sell their firearms within 24 hours does not apply when the order is served by a law enforcement officer. It also extends the ordinary duration of the GVRO “after notice and hearing” to five years, subject to yearly petition by the individual subject to the GVRO for restoration of their arms.

 

AB 165 (Gabriel): Peace officer training: gun violence restraining orders

This bill would require all law enforcement officers to undergo training on the process for petitioning a court for a gun violence restraining order (GVRO) against a person at-risk of harming themself or others, and on situations where such an order would be appropriate.

 

AB 392 (Weber): Peace officers: deadly force

This bill would limit the circumstances for when a homicide committed by a peace officer is justifiable to when the killing is in self-defense or defense of another, or when the killing is necessary to prevent a felon whose must be immediately arrested to prevent death or serious injury is fleeing. Under this bill, the peace officer would not be able to use this defense for a homicide if they acted in a criminally negligent manner.

 

SB 61 (Portantino): Firearms: transfers

This bill would extend the current one-gun-every-thirty-days rule for handguns to all firearms (exempting persons possessing a hunting license).

 

SB 221 (Hill): Firearms: law enforcement agencies: agency firearm accounting

This bill would require that law enforcement agencies to have a procedure for keeping track of all their firearms, including when they are lost or stolen.

Definition of Gun violence restraining order (GVRO):

Current law provides for law enforcement or close family members to petition a court for a GVRO against an individual they believe is at risk of inflicting harm on themself or others. There are three types of GVRO, with different standards of proof according to the duration of the restraining order and the immediacy of the risk: the emergency GVRO, which can only be obtained and served by law enforcement, the ex parte GVRO, which can be petitioned for by both family members and law enforcement, and is not obliged to be served by law enforcement, and the GVRO “after notice and hearing,” which can also be obtained and served by non-law enforcement. Both the emergency and ex parte GVRO last for 21 days, during which time a court must hold a hearing on granting a GVRO “after notice and hearing,” which lasts for one year, subject to extension.