Bill that Could Remove Guns from 'People in Crisis' Passes First Hurdle in Senate

The Senate Public Safety Committee has passed a bill authored by Assemblymembers Nancy Skinner (D-Berkeley), Das Williams (D-Santa Barbara) and Senator Hannah-Beth Jackson (D-Santa Barbara), which would allow for the temporary removal of firearms from individuals who are at risk for committing acts of violence. 

Assembly Bill 1014 now awaits review by the Senate Appropriations Committee.

The recent shootings in Santa Barbara, after the parents of the disturbed young man desperately tried but failed to get help before their son’s killing spree, provides an example of how options are limited for families in crisis.

“When someone is in crisis, the people closest to them are often the first to spot the warning signs but almost nothing can now be done to get back their guns or prevent them from buying more," said Assemblymember Skinner. “Parents, like the mother who tried to intervene, deserve an effective tool they can act on to help prevent these tragedies."

Related article: Politicians Propose Law to Prevent Mass Killings in Wake of UCSB Massacre

AB 1014 establishes a process for obtaining a Gun Violence Restraining Order (GVRO) from a court in order to temporarily limit (for one year, unless renewed) an individual’s access to firearms when there are warning signs or indications that the person is at risk for violence. Currently, Connecticut, Indiana and Texas have similar laws.   

“In the recent Isla Vista tragedy, family members saw the warning signs and took action. But they had no legal tools to prevent this mass killing,” said Assemblymember Williams. “This is common sense policy. Mentally unstable individuals should not have access to deadly weapons.”

The legislation, modeled on California’s domestic violence restraining order laws, creates a mechanism to intervene and potentially prohibit the purchase of firearms and/or remove the firearms already in possession. Law enforcement would have the ability to investigate threats and ask a judge to grant an order prohibiting firearms purchase or possession.

“This bill would put California at the forefront, and give family members a powerful way to help prevent gun violence before it happens,” said State Senator Hannah-Beth Jackson. “Not only will it help keep family members safer, it will help make our communities safer.” 

AB 1014 also provides guidance to courts for evaluating whether to issue a GVRO, based upon a person’s prior acts of violence (or threats to commit acts of violence) toward themselves or others and other risk factors for future violence.

—Information submitted by the Office of Assemblymember Nancy Skinner

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