State Senators Nancy Skinner, D-Berkeley, and Catherine Blakespear, D-Encinitas, have introduced new legislation, SB 899, aiming to strengthen California’s existing “Red Flag” law and other statutes designed to prevent gun violence.
The proposed legislation seeks to streamline the process for California courts to restrict access to firearms for individuals deemed a threat to themselves or others. SB 899 aims to establish consistent standards for California’s gun violence restraining order (GVRO) law, commonly known as the “Red Flag” law, and other firearm-prohibiting restraining order laws in the state. These standards would align with recent regulations governing California’s domestic violence restraining order (DVRO) law.
Senator Skinner, who authored AB 1014, the country’s first “Red Flag” law a decade ago, highlighted the need to ensure that firearms are surrendered as ordered by the courts. SB 899 intends to provide courts and law enforcement with tools to enforce the relinquishment of guns, making existing gun violence prevention laws more effective.
Senator Blakespear emphasized the importance of evaluating and improving the functionality of current laws to enhance gun violence prevention. SB 899 aims to extend the practice of following up on firearm relinquishment, currently mandatory only for domestic violence restraining orders, to all types of restraining orders. The goal is to keep firearms out of the hands of individuals deemed unfit to possess them.
Over the years, California has implemented robust gun safety laws, leading to one of the lowest firearm mortality rates in the nation, according to CDC data. AB 1014, introduced by then-Assemblymember Skinner in 2014, established the first GVRO law in the United States. The state also has five additional restraining order laws addressing domestic violence, school violence, workplace violence, elder or dependent abuse, and civil harassment.
Despite these measures, a significant number of individuals designated as a threat to themselves or others still possess firearms. Approximately 24,000 Californians are listed on the state’s Armed and Prohibited Persons System (APPS).
In 2021, SB 320 (Eggman) strengthened California’s domestic violence restraining order law, requiring those subject to a DVRO to surrender their guns. SB 899 aims to build on these improvements by extending SB 320’s standards to other firearm-prohibiting restraining order laws in the state.
Advocates, including Giffords, a sponsor of both SB 899 and SB 320, commend the proposed legislation for leveraging policies proven to save lives in domestic violence cases and applying them to instances of violence against neighbors, co-workers, and individuals posing a threat to themselves. They emphasize the importance of implementing fair gun violence prevention policies to safeguard families, schools, workplaces, and neighborhoods.
Julia Weber of Giffords expressed support for SB 899, stating, “We look forward to working with Senator Skinner, Senator Blakespear, and other state leaders on this effort.”