Bills Awaiting Action by the Governor of California

Cleveland School Remembers supports The Law Center to Prevent Gun Violence efforts to promote visibility about upcoming legislation in firearm safety policy.

The bills described briefly below are awaiting action by the governor.  For a more complete summary of each bill, and other firearms-related legislation introduced in 2013, please visit The Law Center to Prevent Gun Violence  website at: http://smartgunlaws.org/tracking-state-gun-laws-2013-california-firearms-legislation/

 Priority Bills

SB 374 (Steinberg): Assault Weapons – SB 374 would simplify and strengthen California’s assault weapons ban by prohibiting the manufacture, sale or possession of any semiautomatic centerfire rifle capable of accepting a detachable ammunition magazine. Owners of weapons that would have been legal prior to the enactment of SB 374 would be required to register them with DOJ.

AB 48 (Skinner): Strengthening Large Capacity Ammunition Magazine Ban – AB 48 would prohibit the use of “conversion kits” to manufacture large capacity ammunition magazines. It would also prohibit the purchase of large capacity ammunition magazines and tighten the definition of “manufacture” in the current law to clarify that manufacturing includes assembling the parts of a magazine.

AB 180 (Bonta): Exempting Oakland from State Preemption of Firearms Registration and Licensing – State law currently preempts local governments from requiring the registration of guns or licensing of gun owners. AB 180 would create an exemption for the City of Oakland—a community particularly ravaged by gun violence.

  AB 500 (Ammiano): Storage of Firearms in Homes with Prohibited Persons, Waiting Period Extension and Firearm Transfer Notifications – AB 500 would require any gun owner residing with a person who is prohibited from owning firearms under state or federal law to either: 1) keep the firearm within a locked container, locked gun safe, locked trunk, locked with a locking device, or disabled by a firearm safety device; or 2) carry the firearm on his or her person.

AB 500 would also clarify that the ten-day waiting period between the sale of a firearm and its transfer to the purchaser may be extended an additional 30 days if DOJ is unable to determine the outcome of a mental health evaluation, unable to interpret arrest or criminal charge records, or unable to determine whether the purchaser is attempting to purchase a second handgun in a 30-day period in violation of California law, prior to the end of the waiting period.

  SB 755 (Wolk): Expanding Categories of Prohibited Persons – SB 755 would prohibit several potentially dangerous categories of persons from possessing firearms, including those who have been convicted of illegally possessing ammunition. The bill would also prohibit a person from possessing a firearm if he or she has been convicted of two or more specified crimes involving intoxication or possession of a controlled substance within a three-year period. Additionally, SB 755 would prohibit a person from possessing any firearm while receiving court-ordered assisted outpatient treatment for mental illness (unless the court orders otherwise).

  SB 299 (DeSaulnier): Reporting of Lost or Stolen Firearms – SB 299 would require any person whose firearm is lost or stolen to make a report to local law enforcement within 7 days from the time the person knew or should have known that the firearm was lost or stolen.

Other Bills to Reduce Gun Violence

 SB 683 (Block): Firearm Safety Certificate – Under current California law, “handgun safety certificates” issued by DOJ, which require the applicant to take and pass a written test on firearm safety, are required for the purchase of a handgun, but not for the purchase of a long gun. SB 683 would expand the safety certificate requirement to apply to purchases of all firearms. This requirement would not apply to long guns owned by persons with valid hunting licenses.

AB 169 (Dickenson): Strengthening Unsafe Handgun Law – State law prohibits the manufacture or retail sale of an unsafe handgun, but transfers of unsafe handguns between private parties and purchases and sales by law enforcement officers are exempt from this prohibition. AB 169 would limit the sale of unsafe handguns between private parties to two per year and prohibit law enforcement from transferring unsafe handguns to individuals who are not similarly exempted from the unsafe handgun prohibition.

 AB 1131 (Skinner): Mental Health Related Prohibitions – Current law prohibits a person who communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims from possessing a firearm for six months following the psychotherapist’s reporting of the threat to local law enforcement. The bill would change this prohibition from six months to five years. AB 1131 would also amend existing laws that require the reporting of mental health information to DOJ to clarify that these reports must made within 2 courts days if the report is made by a court and within 24 hours if the report is made by a healthcare facility.

 SB 127 (Gaines): Reporting of Mental Health Threats – Current law prohibits a person from possessing a firearm for a period of six months after communicating a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. SB 127 would require the licensed psychotherapist to make the report any such threat to local law enforcement within 24 hours in a manner prescribed by DOJ. The bill would also require the local law enforcement agency receiving the report to notify DOJ electronically, within 24 hours, in a manner prescribed by DOJ.