2019 AB 12 Irwin - Firearms: gun violence and mental health.

[Markinsac]

And so it begins:

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB12

Placeholder at this time.

[LongLiveTheRepublic]

Can't count on vetoes this time...

[mshill]

I don't understand:

Existing law regulates the sale, possession, and transfer of firearms, and prohibits the possession of firearms by specified persons including persons convicted of certain criminal offenses and specified persons with mental health impairments.

This bill would express the intent of the Legislature to enact legislation relating to gun violence and mental health.

So existing law regulates the firearms with respect to individuals with mental health issues... so let's make some more laws. Does that make any sense.

"Common Sense" says that the current laws aren't working.

[CandG]

I don't understand:



So existing law regulates the firearms with respect to individuals with mental health issues... so let's make some more laws. Does that make any sense.

"Common Sense" says that the current laws aren't working.

It's just placeholder text, don't read into it too much. The author wanted to get a desirable, low bill number, so he slapped together a nonsensical and vague paragraph so that he could be one of the first assembly members to get a bill number. It worked - he got number 12. The text will be completely removed and replaced with something else later.

[Librarian]

Ordinarily, bills are processed in bill-number order, so low numbers => early consideration. There can be delays, so that is not a 'strict' rule.

[chris]

Can't count on vetoes this time...

as if we could after Brown royally f**** us with Gunmeggedon .

[CandG]

as if we could after Brown royally f**** us with Gunmeggedon .

FWIW, he vetoed 6 anti-gun bills in the 2017/2018 session:

1. SB-464 (Stricter FFL storage & security requirements)
2. AB-1927 (Research into allowing a person to add themselves to the "do not sell" list)
3. AB-1903 (Gun buyback gift cards can't be for gun or ammo stores)
4. AB-2888 (Expands who can request a GVRO)
5. SB-221 (Prohibit gun & ammo sale at Cow Palace)
6. SB-1177 (1-in-30 for All Gun Purchases)

Also, as bad as the 6 "gunmageddon" bills were, he actually vetoed 4 additional bills at the same time:

1. AB-1673 (Ghost gun ban)
2. AB-1674 (1-in-30 for all guns)
3. AB-2607 (expanded GVRO's)
4. SB-894 (makes it illegal to fail to report lost or stolen firearms)

So, it could have been worse... there are 10 examples of him vetoing anti-gun bills during and after Gunmageddon.

Newsom will sign rehashed versions of all of those, and then some.

[Dan_Eastvale]

It does say may be heard in commitee Jan 3 2019..

[BeAuMaN]

This placeholder has been filled. Amended on 2/15.

AB 12, as amended, Irwin. Firearms: gun violence restraining orders.

Existing law prohibits a person subject to a gun restraining order from having in the person’s custody or control, or owning, purchasing, possessing, or receiving, any firearms or ammunition while that order is in effect. Under existing law, a gun violence restraining order and a renewal gun violence restraining order have a duration of one year, subject to earlier termination or renewal by the court.

This bill would increase the duration of the gun violence restraining order and the renewal of the gun violence restraining order to 5 years, subject to earlier termination or renewal by the court.

Existing law authorizes a person subject to a gun violence restraining order to submit one written request during the effective period of the order for a hearing to terminate the order. Existing law requires the gun violence restraining order to contain a statement advising the restrained person of that hearing right and also requires the court issuing the restraining order to inform the restrained person of that right.

This bill would instead authorize a person subject to a gun violence restraining order to submit one written request per year for a hearing to terminate the restraining order. The bill would make conforming changes and other technical changes.

Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order if the person has been lawfully served with that order and has failed to relinquish the firearm as required by law.

This bill would remove the requirements that a person has been lawfully served with the gun violence restraining order and has failed to relinquish the firearm, prior to that search warrant being issued.

[BeAuMaN]

Amended on 3/13. GVRO default length from previous version changed from 5 years to 1 to 5 years. Stuff in the preamble about changes to probably cause and the requirement of being lawfully served a GVRO are gone... but... not in the text of the bill maybe? Someone wanted to look at this?

[mshill]

This bill would remove the requirements that a person has been lawfully served with the gun violence restraining order and has failed to relinquish the firearm, prior to that search warrant being issued.

Sounds like they want the LEOs to do no knocks with GVROs.
I can see it now... neighbor doesn't like your guns so you get SWAT'd at 4am without warning. I don't think that is going to end well for someone.

[BeAuMaN]

Sounds like they want the LEOs to do no knocks with GVROs.
I can see it now... neighbor doesn't like your guns so you get SWAT'd at 4am without warning. I don't think that is going to end well for someone.

Except with the most recent amendment that the quoted portion was removed in the summary. Note in the link there's a strikethrough. Did they remove all relevant parts in the code as well? Haven't had time to look through this.

[champu]

Did they remove all relevant parts in the code as well?

1524. (a) A search warrant may be issued upon any of the following grounds ... 14) If the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order that has been issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6, and the court conditions the execution of the search warrant on the person being lawfully served with the gun violence restraining order and the person fails to relinquish the firearms or ammunition as required by law.

[mshill]

What a ****show!!

[Jimi Jah]

How long until gun ownership is declared a mental disorder?