New Law Provides Resources to Identify Persons Prohibited from Having Firearms - Effective Immediately, Bill Appropriates $24 Million to Address Backlog in California’s Armed Prohibited Persons System


Wednesday, Governor Jerry Brown signed into law a bill that provides $24 million to fund the Armed Prohibited Persons System (APPS), the only state database to cross-reference all handgun and assault-weapon owners against criminal records to identify individuals prohibited from possessing a firearm. The bill stems from an estimated backlog of more than 20,000 prohibited owners in possession of over 40,000 firearms in California. Until now, neither the Department of Justice nor local law enforcement had sufficient resources to confiscate the enormous backlog of prohibited weapons.

Senate Bill 140, which takes effect immediately, appropriates funds from a special account of fees paid by gun owners at the time of sale. The $24 million allows the Department of Justice to hire 36 additional agents for APPS, increasing enforcement operations in Los Angeles, San Francisco, Sacramento, Fresno, and Riverside counties. These counties can soon expect more agents, law enforcement and support staff to take back firearms from prohibited owners and better track them through APPS’s automated system. In the APPS database, people who previously purchased one or more guns may later become prohibited if they are convicted of a felony or violent misdemeanor, are under a domestic violence restraining order, or found mentally unstable.

Unique to California, the APPS system may be used as the model for a national grant program allowing other states to start their own automated database.

This new law does not affect cities’ ability to seize weapons from those who are found to be a danger to themselves or others (under Health and Safety Code section 8102), or are involved in a domestic violence incident meeting the criteria of Penal Code section 18250. It also does not affect cities’ ability to seek the forfeiture of these weapons regardless of the persons’ ability to own or possess firearms.

For more information on the new law or how it will affect your agency, please contact Municipal attorney Laura Crane, Public Safety attorney Ross Trindle or law enforcement specialist Paul Cappitelli, or your BB&K attorney.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.