Legal Alerts

Restraining Order and Toy Gun Bills Approved; Gun Registration Bill Vetoed

Gov. Jerry Brown recently took action on three bills of interest to law enforcement. He signed a measure allowing temporary restraining orders to block gun use, approved a bill requiring toy guns to be brightly colored and vetoed legislation that would have required Californians to register homemade guns. The bills are intended to improve law enforcement agencies’ ability to prevent gun-related deaths in their communities.

Assembly Bill 1014, introduced in response to the recent shooting near the University of California, Santa Barbara, will allow family members of individuals displaying signs of mental instability to request a court order temporarily barring gun use and purchase of firearms. Modeled after California’s domestic violence restraining order laws, the intent of this legislation is to potentially limit the access of mentally unstable individuals to firearms. The legislation allows a court to bar possession of firearms for up to 21 days, after which a hearing must be held.

Additionally, Governor Brown signed Senate Bill 199, which requires toy guns be brightly colored in response to tragic incidents involving children and adults wielding realistic-looking toy guns. Though critics claim this will simply lead to criminals painting their guns to confuse officers, the legislation aims to more readily identify toy guns in situations where lethal force is considered.

In contrast, Governor Brown vetoed Senate Bill 808, which would have required Californians to register firearms they make themselves. The bill arose out of fear of the increasing availability of homemade guns, including those cobbled together from spare parts and those produced by 3-D printers. Because these guns are not manufactured in traditional ways, they are often untraceable, frustrating law enforcement efforts to solve crimes. Governor Brown commented that adding a serial number to a homemade gun is unlikely to advance public safety.

For more information regarding these bills or their implications for your agency and public safety department, please contact one of the authors of this legal alert listed at the right in the Municipal and Public Safety group, or your BB&K attorney.

Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.