AB 339 — Gun violence restraining orders: law enforcement procedures.
Last action — Chaptered by Secretary of State - Chapter 727, Statutes of 2019.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 D).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law authorizes a law enforcement officer to request, and a judicial officer to issue on an ex parte basis, a temporary emergency gun violence restraining order that prohibits a person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having a firearm or ammunition. Existing law establishes a civil restraining order process to accomplish that purpose. Existing law also authorizes an immediate family member to petition the court for an ex parte temporary gun violence restraining order. Existing law authorizes a court, after notice and hearing, to issue a gun violence restraining order for a period of one year which may be renewed, as specified. This bill would require each specified law enforcement agency to develop and adopt written policies and standards, as described, regarding the use of gun violence restraining orders. By requiring local law enforcement agencies to develop new policies, 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.
Bill Text
- Chaptered 10/11/19 - Chaptered Current pdf October 11, 2019
- Enrolled 09/13/19 - Enrolled pdf September 13, 2019
- Amended 08/30/19 - Amended Senate pdf August 30, 2019
- Amended 03/06/19 - Amended Assembly pdf March 06, 2019
- Introduced 01/31/19 - Introduced pdf January 31, 2019
- AB339 View text html
Action History
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Chaptered by Secretary of State - Chapter 727, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 3293.).
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Assembly Rule 77 suspended. (Page 3252.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 4. Page 2697.).
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 30).
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In committee: Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 18). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 1. Page 1795.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 17. Noes 1.) (May 16).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 12). Re-referred to Com. on APPR.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 3.
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Read first time. To print.
Sponsors
- Jacqui Irwin · Primary
- Cecilia M. Aguiar-Curry · Cosponsor
- Marc Berman · Cosponsor
- Jesse Gabriel · Cosponsor
- McCarty · Cosponsor
- Buffy Wicks · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on · 3 voted No
Sponsors (1)
- Irwin, Jacqui Democratic
Co-sponsors (5)
- Aguiar-Curry, Cecilia M. Democratic
- Berman, Marc Democratic
- Gabriel, Jesse Democratic
- McCarty
- Wicks, Buffy Democratic
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 22 | 0 | 0 | 0 |
| Unaffiliated | 45 | 0 | 0 | 7 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 72 | 0 | 0 | 7 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Voepel | — | Yea |
| Chiu | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Mullin | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| Melendez | — | Yea |
| McCarty | — | Yea |
| Low | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Waldron | — | Yea |
| Fong | — | Not Voting |
| Kiley | — | Not Voting |
| Gray | — | Not Voting |
| Mathis | — | Not Voting |
| Frazier | — | Not Voting |
| Bigelow | — | Not Voting |
| Salas | — | Yea |
| Brough | — | Yea |
| Mayes | — | Yea |
| Cooley | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 2 | 0 | 1 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 1 |
| Total | 34 | 4 | 0 | 2 |
| % of votes cast | 85% | 10% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Morrell | — | Nay |
| Moorlach | — | Not Voting |
| Mark Stone | — | Nay |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Hill | — | Yea |
| Bradford | — | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Hill | — | Yea |
| Bradford | — | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Morrell | — | Nay |
| Moorlach | — | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 1 | 0 | 7 |
| Democratic | 24 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 3 |
| Total | 68 | 1 | 0 | 11 |
| % of votes cast | 85% | 1% | 0% | 14% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Salas | — | Yea |
| Brough | — | Yea |
| Mayes | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Gloria | — | Yea |
| Bloom | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Obernolte | — | Yea |
| Voepel | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Maienschein | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Mullin | — | Yea |
| Friedman | — | Yea |
| Ting | — | Yea |
| Kamlager-Dove | — | Yea |
| Levine | — | Yea |
| McCarty | — | Yea |
| Low | — | Yea |
| Nazarian | — | Yea |
| Burke | — | Yea |
| Wood | — | Yea |
| Medina | — | Yea |
| Rendon | — | Yea |
| Chu | — | Yea |
| O'Donnell | — | Yea |
| Weber | — | Yea |
| Waldron | — | Yea |
| Melendez | — | Nay |
| Cooper | — | Not Voting |
| Kiley | — | Not Voting |
| Frazier | — | Not Voting |
| Bigelow | — | Not Voting |
| Mathis | — | Not Voting |
| Cooley | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Not Voting |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Not Voting |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Not Voting |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Not Voting |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 0 | 0 | 0 |
| Unaffiliated | 10 | 1 | 0 | 0 |
| Total | 17 | 1 | 0 | 0 |
| % of votes cast | 94% | 6% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Brough | — | Yea |
| Obernolte | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Eggman | — | Yea |
| Gonzalez | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Bigelow | — | Nay |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Kamlager-Dove | — | Yea |
| Quirk | — | Yea |
| Jones-Sawyer | — | Yea |
| Diep | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 339 do?
- Existing law authorizes a law enforcement officer to request, and a judicial officer to issue on an ex parte basis, a temporary emergency gun violence restraining order that prohibits a person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having a firearm or ammunition. Existing law establishes a civil restraining order process to accomplish that purpose. Existing law also authorizes an immediate family member to petition the court for an ex parte temporary gun violence restraining order. Existing law authorizes a court, after notice and hearing, to issue a gun violence restraining order for a period of one year which may be renewed, as specified. This bill would require each specified law enforcement agency to develop and adopt written policies and standards, as described, regarding the use of gun violence restraining orders. By requiring local law enforcement agencies to develop new policies, 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.
- Who sponsors AB 339?
- AB 339 is sponsored by Irwin, Jacqui (Democratic), Aguiar-Curry, Cecilia M. (Democratic), Berman, Marc (Democratic), Gabriel, Jesse (Democratic), McCarty, and Wicks, Buffy (Democratic).
- What is the current status of AB 339?
- This bill has been enacted into law. Introduced January 31, 2019. Enacted.
- Where can I track AB 339?
- Track AB 339 free on One Click Politics — get push/email alerts when it moves.
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