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AB 12 - Authorizes Gun Violence Restraining Orders - California Key Vote

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Title: Authorizes Gun Violence Restraining Orders

See How Your Politicians Voted

Title: Authorizes Gun Violence Restraining Orders

Vote Smart's Synopsis:

Vote to pass a bill with amendment that authorizes law enforcement officers to file petitions for gun violence restraining orders.

Highlights:

 

  • Authorizes law enforcement officers to petition for gun violence restraining orders in the name of their respective law enforcement agency (Sec. 2).

  • Authorizes the following people to request that a court issue a gun violence restraining order mandating the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of time between one to 5 years (Sec. 8):

    • An immediate family member of the restrained individual;

    • A law enforcement officer;

    • An employer of the restrained individual;

    • A coworker of the restrained individual; and

    • An employee or teacher of a secondary or postsecondary school that the restrained individual has attended in the preceding six months.

  • Requires the court, in considering the time duration of the gun violence restraining order, to determine how long the qualifying circumstances will continue and make a judgment based on this determination (Sec. 10 & 16).

  • Requires the court to inform the individual with the restraining order that they are entitled to one order termination request every year, and to provide the individual with a form to request a hearing (Sec. 12). 

  • Authorizes the following people to request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order (Sec. 16):

    • An immediate family member of the restrained individual;

    • A law enforcement officer;

    • An employer of the restrained individual;

    • A coworker of the restrained individual; and

    • An employee or teacher of a secondary or postsecondary school that the restrained individual has attended in the preceding six months.

  • Specifies that the preceding highlights become operative September 1, 2020 (Sec. 2, 8, 10, 12, & 16).

See How Your Politicians Voted

Title: Authorizes Gun Violence Restraining Orders

Vote Smart's Synopsis:

Vote to pass a bill that authorizes law enforcement officers to file petitions for gun violence restraining orders.

Highlights:

 

  • Authorizes law enforcement officers to petition for gun violence restraining orders in the name of their respective law enforcement agency (Sec. 2).

  • Authorizes the court to issue gun violence restraining orders for any period of time between one to five years (Sec. 10).

  • Requires the court, in considering the time duration of the gun violence restraining disorder, to determine how long the qualifying circumstances will continue and make a judgment based on this determination (Sec. 10).

  • Requires the court to inform the individual with the restraining order that they are entitled to one order termination request every year, and to provide the individual with a form to request a hearing (Sec. 12).

  • Specifies that the preceding highlights become operative September 1, 2020 (Sec. 2).

Title: Authorizes Gun Violence Restraining Orders

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