(Sacramento, CA) — Everytown for Gun Safety and Moms Demand Action for Gun Sense in America applaud the California Senate for passing AB 1014 today, legislation that would allow law enforcement or immediate family members to present evidence to a judge and obtain a gun violence restraining order when a person poses a significant danger to self or others by having a firearm. The Senate voted to pass the bill three months after the shooting in Isla Vista where a man killed six people — even after his parents had contacted police when he displayed dangerous and threatening behavior.
“Many have heard me say that ‘Not One More’ person should be killed by preventable gun violence. AB 1014 brings us one step closer to making this a reality,” said Richard Martinez, father of Isla Vista shooting victim Christopher Ross Michaels-Martinez. “Nothing can bring back the life of my son, but enacting this bill can help prevent future tragedies like the shooting in Isla Vista.”
“The California Senate took an important step toward saving lives by passing this bill today. In these critical last days of the legislative session, we urge the Assembly to follow suit and send this important bill to Governor Brown to sign immediately,” said Sara Smirin, California Chapter Leader of Moms Demand Action for Gun Sense in America.
The bill now heads to the California State Assembly and if passed, will be sent to Governor Brown’s desk to sign within thirty days. The passage of the bill from the Senate comes just a few hours after a press conference held on the steps of the State Capitol to call on the State Legislature and Governor Brown to support AB 1014. Speakers at the press conference today included: Richard Martinez, father of Christopher Ross Michaels-Martinez, a victim of the recent shooting in Isla Vista; Bob Weiss, father of Veronika Weiss, a victim of the recent shooting in Isla Vista; Assemblymember Nancy Skinner (D-15), lead author of AB 1014; Assemblymember Das Williams (D-37), lead author of AB 1014; Senator Hannah-Beth Jackson (D-19), principal co-author of AB 1014; Ken James, Chief of Police from Emeryville; Sara Smirin, California Chapter Leader of Moms Demand Action for Gun Sense in America; and Amanda Wilcox, Legislation and Policy Chair of the California Chapters of the Brady Campaign, whose daughter Laura was killed in a rampage shooting by a mentally disturbed individual in January 2001.
Yesterday, family members of three college students killed in the recent Isla Vista shooting released a letter asking legislative leaders and Governor Brown to support AB 1014. The letter can be found here.
- Under AB 1014, law enforcement officers or immediate family members could present evidence to a judge that a person presents a significant danger of injury to himself or others – and the judge can order the person temporarily prohibited from buying or possessing firearms. A person is only prohibited when a court determines they are too dangerous to have guns, and the bill directs judges to consider clear indicators of potential violence when making that decision.
- The Gun Violence Restraining Order process in AB 1014 mirrors the existing process for Domestic Violence Restraining Orders (DVROs), where courts weigh evidence about whether individuals are too dangerous to be allowed near their intimate partners or children. As with DVROs, GVROs would be issued only for a short period before the restrained person is entitled to a court hearing—guaranteeing that the person receives due process.
- Under this bill, any person who files for a gun violence restraining order, knowing the information to be false or otherwise with the intent to harass, is guilty of a misdemeanor.
- Connecticut and Indiana already have similar laws allowing law enforcement to petition for the removal of guns from dangerous people on an emergency basis.