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AB 61 - Amends Restraining Order Regulations - California Key Vote

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Title: Amends Restraining Order Regulations

Vote Smart's Synopsis:

Vote to pass a bill with amendment that amends regulations for gun violence related to restraining orders.

Highlights:

 

  • Authorizes the court to issue an ex parte gun violence restraining order if the petition and any additional information proves that there is a substantial chance that both of the following are true (Sec. 1 & 2):

    • The individual in question poses a significant risk of injuring the petitioner or any other individual by having in their custody or control, owning, purchasing, possessing, or receiving a firearm; and

    • An ex parte gun violence restraining order is needed for the prevention of injury to the petitioner or any other individual because other methods have been unsuccessful in their attempts. 

  • Authorizes the following individuals to file a petition requesting that the court issue an ex parte gun violence restraining order prohibiting another individual from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition (Sec. 2):

    • An immediate family member of the individual in question;

    • An employer of the subject of the petition;

    • A coworker of the individual in question if they have had substantial and regular interactions with the individual for at least one year and received approval from the employer;

    • An employee or teacher of a secondary or postsecondary school that the individual in question has attended in the preceding 6 months, if the employee or teacher received approval from a school administrator or a school administration staff member with a supervisorial role; and

    • A law enforcement officer.

  • Authorizes the individuals mentioned above to request that a court, after notice and a hearing, issue a gun violence restraining order prohibiting 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 five years (Sec. 4).

  • Authorizes these same individuals to have the ability to request the renewal of a gun violence restraining order within the 3 month period until the expiration of the gun violence restraining order (Sec. 6).

  • Authorizes the court to issue an ex parte gun violence restraining order if the petition and any additional information proves that there is a substantial chance that both of the following are true (Sec. 2):

    • The individual in question poses a significant risk of injuring the petitioner or any other individual by having in their custody or control, owning, purchasing, possessing, or receiving a firearm; and

    • An ex parte gun violence restraining order is needed for the prevention of injury to the petitioner or any other individual because other methods have been unsuccessful in their attempts. 

  • Specifies that sections 2, 4, and 6 become effective beginning September 1, 2020 (Sec. 2, 4 & 6).

  • Specifies that only an immediate family member of an individual or a law enforcement officer can file a petition or request that a court issue a gun violence restraining order for an individual until September 1, 2020 (Sec. 1, 3 & 5).

See How Your Politicians Voted

Title: Amends Restraining Order Regulations

Vote Smart's Synopsis:

Vote to pass a bill that amends regulations for gun violence related to restraining orders.

Highlights:

 

  • Authorizes the following individuals to file a petition requesting that the court issue an ex parte gun violence restraining order prohibiting another individual from having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition (Sec. 1):

    • An immediate family member of the individual in question;

    • An employer of the subject of the petition;

    • A coworker of the individual in question if they have had substantial and regular interactions with the individual for at least one year and received approval from the employer;

    • An employee or teacher of a secondary or postsecondary school that the individual in question has attended in the preceding 6 months, if the employee or teacher received approval from the school administration staff; and

    • A law enforcement officer.

  • Authorizes the court to issue an ex parte gun violence restraining order if the petition and any additional information proves that there is a substantial chance that both of the following are true (Sec. 1):

    • The individual in question poses a significant risk of injuring the petitioner or any other individual by having in their custody or control, owning, purchasing, possessing, or receiving a firearm; and

    • An ex parte gun violence restraining order is needed for the prevention of injury to the petitioner or any other individual because other methods have been unsuccessful in their attempts. 

  • Authorizes the individuals mentioned above to request that a court, after notice and a hearing, issue a gun violence restraining order prohibiting 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 one year (Sec. 2).

  • Authorizes these same individuals to have the ability to request the renewal of a gun violence restraining order within the 3 month period until the expiration of the gun violence restraining order (Sec. 3).

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