California's Jerry Brown Vetoes Bill Expanding Gun Violence Restraining Orders

Bill would have allowed nearly anyone to accuse anybody else

Published Thursday, September 27, 2018
Gun Rights Watch article by GRW Chief Editor

California's Jerry Brown Vetoes Bill Expanding Gun Violence Restraining Orders

In California, Governor Jerry Brown yesterday vetoed a bill presented by the legislature that would have allowed work associates, teachers, and other personnel to petition a judge to remove firearms from anyone they claim poses a danger to themselves or others.

Brown responded to the bill by stating, "All of the persons named in this bill can seek a gun violence restraining order today under existing law by simply working through law enforcement or the immediate family of the concerning individual. I think law enforcement professionals and those closest to a family member are best situated to make these especially consequential decisions.”

The current law, signed in 2016, can be used to ban a person from owning or buying guns for up to one year, although most people in California when asked have no idea of how the law actually works.

Nill AB2888 sponsored by Assemblyman (Representative) Phil Ting, a Democrat from San Francisco, would have greatly expanded the number of eligible people who can petition the court for a gun violence restraining order that already exists under the 2016 law. Since then, only immediate family members and others in the household can make such a petition, as well as law enforcement.

The current system allows the court to remove guns and gun rights from the accused for up to 21 days while it investigates and schedules a second hearing. At the second hearing, the court determines if the order should be extended for an additional year.

The law was used 189 times in the state in 2016 and 2017, the vast majority of which were the result of petitions by law enforcement.

The bill Brown did sign was AB2103, sponsored by Assemblyman Todd Gloria of San Diego, which requires those applying for concealed weapons permits to complete at least eight additional hours of training in addition to a live-fire shooting exercise before they are eligible to receive a permit. These new requirements go into effect January 1st, 2019.