Gun Violence 'Restraining Order' Legislation Passes Senate

Information submitted by the Office of Assemblymember Nancy Skinner:

The California Senate 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. The bill now heads back to the Assembly for further action.

“Family members are often the first to spot the warning signs when someone is in crisis,” said Assemblymember Skinner. “AB 1014 provides an effective tool to get guns out of the hands of loved ones to avoid these tragedies.”

“For years, law enforcement has seen a gap in the law and been frustrated by the fact that we can’t take action until after gun violence has devastated our families and communities, when it’s too late,” said Emeryville Police Chief Ken James. “AB 1014 fills that gap, giving law enforcement and family members a way to prevent gun violence before it happens.”

Related: East Bay Leaders Support Gun Violence Restraining Order Bill in Wake of UCSB Massacre

The recent shooting spree in Isla Vista—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.

“Nothing can bring back the life of my son, but there are common-sense solutions that can help ensure other loved ones aren’t killed by preventable gun violence,” said Richard Martinez, father of Isla Vista shooting victim Christopher Ross Michaels-Martinez.

“The death of my daughter Veronika was not a matter of being in the wrong place at the wrong time - she was right where she was supposed to be as a student at UCSB,” said Bob Weiss, father of Isla Vista shooting victim Veronika Weiss. “Today, we’re calling on the California legislature and Governor Brown to enact AB 1014 to help prevent future tragedies like the one that took the life of my daughter.”

Assembly Bill 1014 establishes a Gun Violence Restraining Order (GVRO) that will allow an individual’s firearms to be taken for safekeeping and new gun purchases to be prohibited if a judge determines there is credible evidence that the person is at risk for violence. Under the bill, only close family members and law enforcement will be eligible to seek a GVRO, which would then remain in place for up to a year. Currently, Connecticut, Indiana and Texas have similar laws.

“The tragedy in Isla Vista is a horrific example of how our mental health laws and gun control laws are not working together and this bill will help close the gap and provide the necessary legal tools to empower immediate family members and law enforcement to protect loved ones and the public from the dangers of gun violence,” said Assemblymember Williams.

The legislation is modeled on California’s domestic violence restraining order law and retains important due process provisions that allow the individual to challenge the court order.

“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.”

Related article: Chilling Videos Offer Clues on Motive Behind Santa Barbara Mass Shooting