Posts in California
California SB 55 - Prohibited Persons

Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control, any firearm. Under existing law, a violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes it a misdemeanor or a felony for a person who is prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition.

This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above.

The bill would also apply the above 10-year prohibition to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving alcohol intoxication or possession of certain controlled substances for sale and would make a violation punishable as an infraction. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation punishable as an infraction. The bill would also make it an infraction for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition. By changing the definition of a crime, and by creating new crimes, this bill would impose a state-mandated local program.
California AB 61 - Gun Violence Restraining Orders

California AB 61

by Asm. Philip Ting (D), Al Maratsuchi (D), and Eloise Reyes (D) with Asm. Kevin McCarthy (D)

LEAP Forward Position: Support


Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.

This bill would similarly authorize, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
California AB 12 - Gun Violence and Mental Health

The Legislature hereby finds and declares all of the following:

(a) On November 7, 2018, in the city of Thousand Oaks, a tragic and senseless act of gun violence at the Borderline Bar & Grill resulted in the deaths of 12 Californians, including Sergeant Ronald Lee Helus of the Ventura County Sheriff’s Office.

(b) This act of gun violence injured many others who fled the Borderline Bar & Grill and has deeply impacted the surrounding community that is known for its safety and low level of violent crime.

(c) It is the intent of the Legislature to enact legislation relating to gun violence and mental health, in an effort to prevent future acts of gun violence in California.
KEY BILL - California AB 18 - Violence Intervention Program Funding

California AB 18

by Asm. Marc Levine (D), Rob Bonta (D), Adrin Nazarian (D) with Asm. Richards Bloom (D), David Chiu (D), Mike Gipson (D), Monique Limon (D), KEvin McCarty (D), and Phillip Ting (D)

LEAP Forward Position Support


Summary

SECTION 1. The Legislature finds and declares the following:

(a) Although California has the toughest gun laws in the nation, more effort is necessary to curtail gun violence. The Department of Corrections and Rehabilitation found that from 2014 to 2016 gun homicides increased 18 percent. Therefore California needs to bolster violence prevention initiatives so that they are commensurate with the state’s gun laws and the violence prevention programs of other states.

(b) It is the intent of the Legislature to enact legislation to impose an excise tax on the sale of handguns and semiautomatic rifles and to require the revenue generated by that tax to be used to fund grants through the California Violence Intervention and Prevention Grant Program (CalVIP) program which support local and community-based violence intervention and prevention efforts.