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California Gun Laws – New and Pending

On Behalf of | Oct 15, 2014 | Criminal Defense

California Gun Laws – New and Pending

Governor Brown signed into law a new type of restraining order known as a “gun Violence restraining order.” This restraining order allows a family member to seek a 21 day ex parte firearm restraining order when someone poses “an immediate and present danger.” This order can be extended to a yearlong period. The idea is to allow family members to have some way to get guns out of the hands of people who may be going through a tough spill and might be of a frame of mind that they would do something stupid.

Senate Bill 199, which amended, repealed and added several Penal Code sections, was signed by Governor Brown. These new laws require toy and imitation guns (including BB guns and airsoft guns) to be distinguished from real guns with bright markings and colors. The hope is that law enforcement won’t shoot someone who is only holding a toy. However, there are no current laws that prevent arms makers from producing firearms in bright colors. In fact that there are manufacturers that currently make brightly colors firearms designed to be used by children. Without a law preventing real firearms from looking like toys, law enforcement still won’t be certain that whether a weapon is real or not.

3D printers have advanced to the point in which they can manufacture firearms. As technology continues to improve, there will be more of these types of weapons in circulation. Currently there are no laws that regulate these homemade firearms. They are not currently required to be registered nor are they required to have a serial number. A bill that would have required such registration and numbering was vetoed by Governor Brown. It is expected that a new regulation involving homemade guns will be on Governor Brown’s desk next year.

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