Saturday, March 2, 2019

NEW YORK FREEDOM RIDER NEWS- 2/28/19 - firearms related updates

OFF THE WIRE
 Once again, with the exception of AB1096, AB1559 & AB1746 (THANK YOU Assembly Member Melendez) the state democratic majority continues to execute a full frontal assault against our 2nd Amendment rights.
CALIFORNIA- new, update
AB997 [new]: Firearms: persons detained or apprehended for examination of mental condition
Status:
02/22/19: From printer. May be heard in committee March 24.
02/21/19: Read first time. To print.
Bill text:
This bill would prohibit the person from possessing a firearm or deadly weapon pending the hearing and would prohibit the person from having possession of a firearm or deadly weapon for a period of 5 years if the court determines that the return of the firearm or other deadly weapons would likely endanger the person or others. The bill would make a violation of this prohibition a crime, punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1096 [new]: Firearms: concealed carry licenses
Status:
02/22/19: From printer. May be heard in committee March 24.
02/21/19: Read first time. To print.
Bill text:
This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified, if good cause exists for the issuance and the applicant is of good moral character and satisfies certain other criteria.
This bill would define “good cause” for these purposes to include self-defense, defending the life of another, or preventing crime in which human life is threatened, and would provide procedural guidelines to the issuing authority on determining the presence or absence of “good cause.”
This bill would authorize a resident of another state to apply for a license to carry a handgun, as specified, from any sheriff in the state using the same procedure and would authorize that sheriff to issue a license.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1121 [new]: Firearms: gun violence restraining orders.
Status:
02/22/19: From printer. May be heard in committee March 24.
02/21/19: Read first time. To print.
Bill text:
SECTION 1. Section 18125 of the Penal Code is amended to read:
18125. (a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
(1) The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, themselves or another by having in his or her custody or control, control of, or owning, purchasing, possessing, or receiving receiving, a firearm or ammunition.
(2) A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
(b) A temporary emergency gun violence restraining order issued pursuant to this chapter shall prohibit the subject of the petition from having in his or her custody or control, control of, or owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and shall expire 21 days from the date the order is issued.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1297 [new]: Firearms: concealed carry license
Status:
02/25/19: Read first time.
02/23/19: From printer. May be heard in committee March 25.
02/22/19: Introduced. To print.
Bill text:
Existing law authorizes specified local law enforcement agencies to issue to an applicant a license to carry a concealed firearm if certain requirements are met, including, among others, that the applicant has good cause for the license. Existing law requires an applicant for a license or a renewal of a license to pay a fee to the Department of Justice, as specified, to cover costs associated with background reports. Existing law allows the licensing authority of any city, city and county, or county to charge an additional fee for a new license in an amount equal to the actual costs for processing the application for a new license. Under existing law, that additional fee may not exceed $100.
This bill would require, rather than authorize, the local licensing authority to charge the fee and would require the fee to be in an amount equal to the reasonable costs for processing the application, issuing the license, and enforcing the license, as specified. The bill would delete the prohibition on charging more than $100 for the fee.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1559 [new]: Firearms: emergency concealed carry permits.
Status:
02/25/19: Read first time.
02/23/19: From printer. May be heard in committee March 25.
02/22/19: Introduced. To print.
Bill text:
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
Existing law exempts from the prohibition against carrying a loaded firearm in public, a person who reasonably believes they are in immediate grave danger, as specified.
This bill would authorize a person who, because of prior victimization or based on specific articulable facts, reasonably believes that they are in immediate and grave danger of domestic violence, sexual assault, or stalking, as specified, to apply to the sheriff in the county in which they reside for a temporary emergency license to carry a concealed firearm. The bill would require the sheriff to immediately issue an emergency license to such a person if that person submits a signed affidavit describing their circumstances. The bill would authorize the sheriff to verify the applicant’s eligibility to receive a license, as specified, but would require such verification to be completed without delay and at the time of application.
The bill would also allow an applicant to simultaneously apply for a regular license to carry a concealed firearm and would require such a license to be approved within the period the emergency license is valid, contingent on the applicant’s eligibility and completion of the requirements for a regular license. The bill would require that the facts that provide eligibility for the granting of an emergency license establish good cause for the eligibility of the regular license.
The bill would require the Department of Justice to complete the fingerprint report for a regular license applied for pursuant to this bill within 21 days.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1602 [new]: Use of firearm insurance.
Status:
02/25/19: Read first time.
02/23/19: From printer. May be heard in committee March 25.
02/22/19: Introduced. To print.
Bill text:
Existing law requires the Department of Insurance, headed by the Insurance Commissioner, to regulate specific classes of insurance, including liability, burglary, and legal insurance. Existing law prohibits an insurer from transacting any class of insurance that is not authorized by its charter.
This bill would express the intent of the Legislature to enact legislation that would prohibit an insurer from either selling or advertising liability coverage for bodily injury or property damage resulting from the insured’s discharge of a personal firearm.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
SB1297 [new]: Firearms: concealed carry license
Status:
02/25/19: Read first time.
02/23/19: From printer. May be heard in committee March 25.
02/22/19: Introduced. To print.
Bill text:
Existing law authorizes specified local law enforcement agencies to issue to an applicant a license to carry a concealed firearm if certain requirements are met, including, among others, that the applicant has good cause for the license. Existing law requires an applicant for a license or a renewal of a license to pay a fee to the Department of Justice, as specified, to cover costs associated with background reports. Existing law allows the licensing authority of any city, city and county, or county to charge an additional fee for a new license in an amount equal to the actual costs for processing the application for a new license. Under existing law, that additional fee may not exceed $100.
This bill would require, rather than authorize, the local licensing authority to charge the fee and would require the fee to be in an amount equal to the reasonable costs for processing the application, issuing the license, and enforcing the license, as specified. The bill would delete the prohibition on charging more than $100 for the fee.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB1746 [new]: Firearms: license to carry concealed.
Status:
02/25/19: Read first time.
02/23/19: From printer. May be heard in committee March 25.
02/22/19: Introduced. To print.
Bill text:
Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, upon proof that the person applying is of good moral character, that good cause exists, and that the person applying satisfies certain conditions, to issue a license for the person to carry a concealed handgun.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB61 [update]: Gun violence restraining orders
Status:
02/26/19: In committee: Set, first hearing. Failed passage. Vote: 4-3 Reconsideration granted. Vote: 8-0
Bill text:
Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.
This bill would similarly authorize, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB164 [update]: Firearms: prohibited persons
Status:
03/12/19: Committee hearing
02/26/19: Public Safety committee: Set, first hearing. Hearing canceled at the request of author.
Bill text:
Under existing law, a person who purchases or receives a firearm, attempts to purchase or receive a firearm, or owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order, an injunction, or a protective order, as specified, is guilty of a crime.
This bill would expand the scope of this crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid temporary restraining order, injunction, or protective order issued in another jurisdiction. jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order issued in this state. Because this bill would expand the scope of an existing crime, it would impose a state-mandated local program.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…
AB276 [update]: Firearms: storage
Status:
02/25/19: Re-referred to Committee on Public Safety
Bill text:
Existing law generally regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms.
This bill would require a person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, while that person is outside that residence, as defined, to ensure that any firearm that person owns or controls is securely stored against theft or unauthorized access. The bill would define a firearm as being securely stored if it is secured with an operable device that is listed on the Department of Justice’s roster of approved firearm safety devices, as specified. The bill would exempt a person from this section if the firearm is loaned under specified conditions, and would exempt an unloaded antique firearm from these provisions. The bill would additionally prohibit a person convicted under these provisions, or under other specified provisions regulating the storage of firearms, from subsequently owning, purchasing, receiving, or having in their possession or control, any firearm. firearm within 10 years of the conviction.
http://leginfo.legislature.ca.gov/fac…/billTextClient.xhtml…