SB 320 — Domestic violence protective orders: possession of a firearm.

Summary

(1) Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while that protective order is in effect and makes a willful and knowing violation of a protective order a crime. Existing law requires the court, when issuing the order with both parties present, to inform the parties of this information and to order the restrained person to relinquish any firearm in the person's immediate possession or control or subject to their immediate possession or control. Existing law specifies the means of relinquishment if the law enforcement officer serving the protective order does not request the immediate surrender of the firearm, including, surrender to law enforcement, or by selling the firearm to a licensed gun dealer. This bill would require a court to order the restrained person to relinquish ammunition and to notify the parties of how any firearms or ammunition still in the restrained party's possession are to be relinquished and how to submit a receipt to the court. The bill would require the court to review the file to determine whether the receipt has been filed and inquire as to whether the person has complied with the requirement. The bill would require violations of the firearms or ammunition prohibition to be reported to the prosecuting attorney in the jurisdiction where the order has been issued within 2 business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. The bill would authorize the relinquishment to occur by transferring the firearm or ammunition or relinquishing them for storage if the firearm or ammunition is not immediately surrendered to law enforcement upon service of the protective order. This bill would also require the court, at a noticed hearing relating to a domestic violence protective order in family court or juvenile court, to consider information presented that the restrained person has possession or control of a firearm or ammunition. The bill would authorize the court, upon making this finding, to set a review hearing, as specified, to determine whether the person has possession or control of a firearm or ammunition in violation of the above provisions. Existing law requires a court, prior to a hearing on the issuance or denial of a protective order, to ensure that a search has been conducted to determine if the subject of the order has been convicted of a serious or violent felony, a misdemeanor conviction involving domestic violence, weapons, or other violence, has an outstanding warrant, is currently on parole or probation, has a registered firearm, or has a prior restraining order or a violation of a restraining order. Existing law requires the court to notify law enforcement officials if some of those conditions exist, including the person being on parole or probation or having an outstanding warrant. This bill, as part of the search, would require the court to make a written record as to whether the subject has relinquished the firearm. If evidence of compliance with the prohibition on firearms or ammunition is not provided, the bill would require the clerk of the court to notify law enforcement officials and would require those law enforcement officials to take all actions necessary to obtain any firearms or ammunition owned, possessed, or controlled and to address any violation of the order with respect to firearms or ammunition, as specified. By requiring additional duties of local law enforcement officials, this bill would impose a state-mandated local program. Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. Existing law establishes a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of a child and establishes factors to be considered in rebutting that presumption, including that the perpetrator is restrained by a protective order and has, or has not, complied with that order. This bill, for purposes of rebutting the presumption, would require the court to also consider whether the person is a restrained person in possession or control of a firearm or ammunition in violation of the law. Existing law authorizes the court to issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship with the child, based on the best interest of the child. Existing law authorizes the court to suspend or deny custody or visitation or to limit visitation or custody only to situations in which a 3rd person is present. This bill would require the court, in making that determination, to consider whether the party is a restrained person in possession or control of a firearm or ammunition. (2) Existing law requires a law enforcement agency to enter all firearms that have been reported stolen, lost, found, recovered, held for safekeeping, or under observation into the Automated Firearms System (AFS) . This bill would also require law enforcement to enter in all firearms that are relinquished as part of a domestic violence protective order. (3) Existing law specifies how firearms and ammunition may be transported and prohibits open or concealed carry in specified circumstances. Existing law requires a license to sell, lease, or transfer firearms. Existing law, the Safety for All Act of 2016, enacted by the voters as Proposition 63 at the November 8, 2016, General Election, requires a valid ammunition vendor license to sell more than 500 rounds of ammunition in any 30-day period. Proposition 63 authorizes amendments of its provisions by a vote of 55% of both houses of the Legislature if the amendments are consistent with, and further the purposes of, the act. This bill would exempt people who are complying with the firearms provisions of a protective order from those provisions, including amending Proposition 63 to exempt a person from the limitation on the sale of over 500 rounds of ammunition in a 30-day period in order to comply with the protective order. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by AB 1579 and AB 1171, to be operative only if this bill and AB 1579, AB 1171, or both are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 11108.2 of the Penal Code proposed by SB 715, to be operative only if this bill and SB 715 are enacted and this bill is enacted last. (5) 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 10/08/21 - Chaptered Current pdf October 08, 2021
• Enrolled 09/14/21 - Enrolled pdf September 14, 2021
• Amended 08/30/21 - Amended Assembly pdf August 30, 2021
• Amended 07/08/21 - Amended Assembly pdf July 08, 2021
• Amended 06/14/21 - Amended Assembly pdf June 14, 2021
• Amended 03/25/21 - Amended Senate pdf March 25, 2021
• Introduced 02/04/21 - Introduced pdf February 04, 2021
• SB320 View text html

Action History

1. October 08, 2021

   Chaptered by Secretary of State. Chapter 685, Statutes of 2021.

2. October 08, 2021

   Approved by the Governor.

3. September 17, 2021

   Enrolled and presented to the Governor at 1:30 p.m.

4. September 10, 2021

   Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2610.) Ordered to engrossing and enrolling.

5. September 09, 2021

   In Senate. Concurrence in Assembly amendments pending.

6. September 09, 2021

   Read third time. Passed. (Ayes 79. Noes 0. Page 3015.) Ordered to the Senate.

7. August 30, 2021

   Ordered to third reading.

8. August 30, 2021

   Read third time and amended.

9. August 23, 2021

   Ordered to third reading.

10. August 23, 2021

    From consent calendar on motion of Assembly Member Chau.

11. August 23, 2021

    Read second time. Ordered to consent calendar.

12. August 19, 2021

    From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).

13. July 08, 2021

    Read second time and amended. Re-referred to Com. on APPR.

14. July 07, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 6).

15. June 30, 2021

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on JUD.

16. June 14, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

17. June 10, 2021

    Referred to Coms. on PUB. S. and JUD.

18. June 02, 2021

    In Assembly. Read first time. Held at Desk.

19. June 01, 2021

    Read third time. Passed. (Ayes 39. Noes 0. Page 1344.) Ordered to the Assembly.

20. May 24, 2021

    Ordered to special consent calendar.

21. May 20, 2021

    Read second time. Ordered to third reading.

22. May 20, 2021

    From committee: Do pass. (Ayes 7. Noes 0. Page 1187.) (May 20).

23. May 14, 2021

    Set for hearing May 20.

24. April 20, 2021

    April 19 hearing: Placed on APPR suspense file.

25. April 06, 2021

    Set for hearing April 19.

26. March 25, 2021

    Read second time and amended. Re-referred to Com. on APPR.

27. March 24, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 590.) (March 23).

28. March 12, 2021

    Set for hearing March 23.

29. March 09, 2021

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 424.) (March 9). Re-referred to Com. on JUD.

30. February 25, 2021

    Set for hearing March 9.

31. February 22, 2021

    Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

32. February 22, 2021

    (Ayes 32. Noes 4.)

33. February 22, 2021

    Art. IV. Sec. 8(a) of the Constitution dispensed with.

34. February 17, 2021

    Referred to Coms. on PUB. S. and JUD.

35. February 05, 2021

    From printer. May be acted upon on or after March 7.

36. February 04, 2021

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Blanca E. Rubio · Cosponsor
• Skinner · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Marc Berman · Cosponsor
• Chiu · Cosponsor
• Jesse Gabriel · Cosponsor
• Mike A. Gipson · Cosponsor
• Levine · Cosponsor
• McCarty · Cosponsor
• Cottie Petrie-Norris · Cosponsor
• Quirk · Cosponsor
• Santiago · Cosponsor
• Eggman · Primary
• Friedman · Cosponsor
• Susan Rubio · Cosponsor
• Luz Rivas · Cosponsor
• Cristina Garcia · Cosponsor

Votes

Subjects