Assemblywoman Wants to Make Filing a False “Gun Violence Restraining Order” Petition a Felony

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California State Assemblywoman Melissa Melendez (R-Lake Elsinore) introduced legislation that would make false “Gun Violence Restraining Order” petitions a felony.  Under AB 225, those knowingly filing false claims could face jail time.
Existing law makes it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass.
This bill would instead provide that it is perjury, a felony punishable by imprisonment in the county jail for 2, 3, or 4 years, to file a petition for one of those gun violence restraining orders knowing the information in the petition to be false. By increasing the penalty for existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

 

On January 15, Assemblywoman Melendez introduced gun legislation to allow voters a chance to reinstate felony penalties for firearm theft that had recently been reduced under Proposition 47 in 2014.  Here is the Press Release:

Assemblywoman Melendez Introduces Legislation to Reinstate Felony Penalties for Firearm Theft

SACRAMENTO – Assemblywoman Melissa Melendez, R-Lake Elsinore, today introduced legislation, AB 150, to allow voters a chance to reinstate felony penalties for firearm theft that had recently been reduced under Proposition 47 in 2014. Prior to the passage of Proposition 47, stealing any type of firearm was considered felony grand theft. Proposition 47 reduced the penalty to a misdemeanor for firearms that are valued at under $950.

“A criminal doesn’t steal a gun for recreational use, they steal a gun to commit crimes,” said Melendez, the Vice Chair of the Assembly Public Safety Committee. “It makes little sense that during a time when the legislature is pushing for harsher gun control laws for law abiding citizens we would relax the penalty for gun stealing criminals.”

If passed, Melendez’s bill would send the issue of firearm theft back to the ballot as a stand-alone provision that voters could either reaffirm or reject.

“If Sacramento is serious about curtailing gun violence then it should do everything in its power to prevent guns from getting into the hands of criminals,” said Melendez. “In the end, I hope my colleagues will put the public’s safety over politics.”


1 COMMENT

  1. A felony punishable by 2-3-4 years in a county jail? Felons get sent to prison. Unless of course it’s a nonviolent offense under the prison realignment plan.

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