Bill Text: CA SB899 | 2023-2024 | Regular Session | Amended
Bill Title: Protective orders: firearms.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Enrolled) 2024-08-30 - Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. [SB899 Detail]
Download: California-2023-SB899-Amended.html
Amended
IN
Assembly
August 22, 2024 |
Amended
IN
Assembly
August 19, 2024 |
Amended
IN
Assembly
June 11, 2024 |
Amended
IN
Senate
May 16, 2024 |
Amended
IN
Senate
March 20, 2024 |
Amended
IN
Senate
February 27, 2024 |
Introduced by Senators Skinner and Blakespear (Principal coauthor: Assembly Member Petrie-Norris) |
January 03, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 55% Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares both of the following:SEC. 2.
Section 527.9 of the Code of Civil Procedure is amended to read:527.9.
(a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, shall relinquish the firearm pursuant to this section.SEC. 3.
Section 527.9 is added to the Code of Civil Procedure, to read:527.9.
(a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, shall relinquish the firearm and ammunition pursuant to this section.SEC. 4.
Section 527.11 is added to the Code of Civil Procedure, to read:527.11.
(a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 527.6, 527.8, or 527.85 or Section 15657.03 of the Welfare and Institutions Code, has a firearm in or subject to their immediate possession or control in violation of the order.SEC. 5.
Section 527.12 is added to the Code of Civil Procedure, to read:527.12.
(a) A peace officer shall, upon the request of a petitioner, serve any temporary restraining order, order after hearing, or protective order issued pursuant to Sections 527.6, 527.8, and 527.85, Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, on the respondent, whether or not the respondent has been taken into custody.SEC. 6.
Section 3044 of the Family Code is amended to read:3044.
(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of paragraph (2) of subdivision (a) of Section 3011 with whom the party has a relationship, there is 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 the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.SEC. 7.
Section 3044 is added to the Family Code, to read:3044.
(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of paragraph (2) of subdivision (a) of Section 3011 with whom the party has a relationship, there is 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 the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.SEC. 8.
Section 6389 of the Family Code is amended to read:6389.
(a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.SEC. 8.5.
Section 6389 of the Family Code is amended to read:6389.
(a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or(h)The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm or ammunition if the respondent can show that a particular firearm or ammunition is necessary as a condition of continued employment and that the current employer is unable to reassign the respondent to another position where a firearm or ammunition is unnecessary. If an exemption is granted pursuant to this subdivision, the order shall provide that the firearm or ammunition shall be in the physical possession of the respondent only during scheduled work hours and during travel to and from the place of employment. When a peace officer is required, as a condition of employment, to carry
a firearm or ammunition and whose personal safety depends on the ability to carry a firearm or ammunition a court may allow the peace officer to continue to carry a firearm or ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence that the officer does not pose a threat of harm. Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer and may require the peace officer to enter into counseling or other remedial treatment program to deal with any propensity for domestic violence.
(i)
(j)
(k)
(l)
(m)
SEC. 9.
Section 6389 is added to the Family Code, to read:6389.
(a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.SEC. 9.5.
Section 6389 is added to the Family Code, to read:6389.
(a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.SEC. 10.
Section 1524 of the Penal Code is amended to read:1524.
(a) A search warrant may be issued upon any of the following grounds:SEC. 10.5.
Section 1524 of the Penal Code is amended to read:1524.
(a) A search warrant may be issued upon any of the following grounds:SEC. 11.
Section 1524 is added to the Penal Code, to read:1524.
(a) A search warrant may be issued upon any of the following grounds:SEC. 11.5.
Section 1524 is added to the Penal Code, to read:1524.
(a) A search warrant may be issued upon any of the following grounds:SEC. 12.
Section 11108.2 of the Penal Code is amended to read:11108.2.
(a) A law enforcement agency shall enter or cause to be entered into the Department of Justice Automated Firearms System each firearm that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered pursuant to Section 26892, 28050, or 29830, relinquished pursuant to Section 6389 of the Family Code, or under observation, within seven calendar days after being notified of the precipitating event.SEC. 13.
Section 11108.2 is added to the Penal Code, to read:11108.2.
(a) A law enforcement agency shall enter or cause to be entered into the Department of Justice Automated Firearms System each firearm that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered pursuant to Section 26892, 28050, or 29830, relinquished pursuant to Section 527.9 of the Code of Civil Procedure, Section 6389 of the Family Code, Section 18120 of this code, or any other section of law that requires relinquishment or surrender of firearms to that law enforcement agency, or under observation, within seven calendar days after being notified of the precipitating event.SEC. 14.
Section 18120 of the Penal Code is amended to read:18120.
(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.SEC. 15.
Section 18120 is added to the Penal Code, to read:18120.
(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.SEC. 16.
Section 18120.5 is added to the Penal Code, to read:18120.5.
(a) When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 136.2 or Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 has a firearm in or subject to their immediate possession or control in violation of the order.SEC. 17.
Section 25555 of the Penal Code is amended to read:25555.
(a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with or utilize Section 26556, 26892, 27875, 27920, 27925, 29810, or 29830, as it pertains to that firearm.SEC. 18.
Section 25555 is added to the Penal Code, to read:25555.
(a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person in order to comply with or utilize Section 26556, 26892, 27875, 27920, 27925, 29810, or 29830, as it pertains to that firearm.SEC. 19.
Section 26379 of the Penal Code is amended to read:26379.
Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following:SEC. 20.
Section 26379 is added to the Penal Code, to read:26379.
Paragraph (1) of subdivision (a) of Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun incident to any of the following:SEC. 21.
Section 26405 of the Penal Code is amended to read:26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:SEC. 22.
Section 26405 is added to the Penal Code, to read:26405.
Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:SEC. 23.
Section 26540 of the Penal Code is amended to read:26540.
(a) Section 26500 does not apply to sales, deliveries, transfers, or returns of firearms made pursuant to any of the following:SEC. 24.
Section 26540 is added to the Penal Code, to read:26540.
(a) Section 26500 does not apply to sales, deliveries, transfers, or returns of firearms made pursuant to any of the following:SEC. 25.
Section 28100 of the Penal Code is amended to read:28100.
(a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Article 2 (commencing with Section 28150).SEC. 26.
Section 28100 is added to the Penal Code, to read:28100.
(a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Article 2 (commencing with Section 28150).SEC. 27.
Section 29810 of the Penal Code is amended to read:29810.
(a) (1) Upon conviction of any offense that renders a person subject to Section 29800, 29805, or 29815, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section within 48 hours of the conviction if the defendant remains out of custody or within 14 days of the conviction if the defendant is in custody.SEC. 28.
Section 29810 is added to the Penal Code, to read:29810.
(a) (1) Upon conviction of any offense that renders a person subject to Section 29800, 29805, or 29815, the person shall relinquish all firearms they own, possess, or have under their custody or control in the manner provided in this section within 48 hours of the conviction if the defendant remains out of custody or within 14 days of the conviction if the defendant is in custody.SEC. 29.
Section 29830 of the Penal Code is amended to read:29830.
(a) A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.SEC. 30.
Section 29830 is added to the Penal Code, to read:29830.
(a) A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in their possession, or of which they are the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.SEC. 31.
Section 30342 of the Penal Code is amended to read:30342.
(a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.SEC. 32.
Section 30342 is added to the Penal Code, to read:30342.
(a) Commencing January 1, 2018, a valid ammunition vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of ammunition in any 30-day period.The Legislature finds and declares that the following amendments in this act do not constitute a change in, but are declaratory of, existing law:
(a)The amendments made to Section 6389 of the Family Code.
(b)The amendments made to paragraphs (11) and (15) of subdivision (a) of Section 1524 of the Penal Code.
(c)The amendments made to Section
28100 of the Penal Code.
(d)The amendments made to Section 29810 of the Penal Code.
(e)The amendments made to Section 29830 of the Penal Code.