(Sacramento, CA) — Everytown for Gun Safety and Moms Demand Action for Gun Sense in America applaud the California Assembly for passing AB 1014 and urge Governor Brown to swiftly sign this live saving bill into law. If enacted, AB 1014 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.
Earlier in the week, family members of three college students killed in the recent Isla Vista shooting released a letter asking California legislative leaders and Governor Brown to support AB 1014. Family members of victims from the shooting also joined with Moms, law enforcement and legislators for a press conference at the State Capitol to support the bill. The letter can be found here.
“The murder of my son Christopher in Isla Vista shattered my world, and the leadership of our State Legislature on AB 1014 makes me hopeful that we can help prevent other families from going through the same tragedy,” said Richard Martinez, father of Isla Vista shooting victim Christopher Ross Michaels-Martinez. “I urge Governor Brown to honor Christopher’s life and the lives of so many others who have been killed by preventable gun violence by signing this bill immediately.”
“I’m proud that our leaders in the State Legislature stood on the side of protecting our communities by passing AB 1014,” said Sara Smirin, California Chapter Leader of Moms Demand Action for Gun Sense in America. “It’s up to Governor Brown to help save lives by signing this bill, and Moms from around the state urge him to do so quickly.”
The bill passed through the State Senate and Assembly just 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. AB 1014 has received widespread support from Californians, including family members of victims from the Isla Vista shooting, moms, law enforcement, and many others.
- 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.