Firearms

LOS ANGELES -- Attorney General Kamala D. Harris today convened a Leadership Group of the state’s district attorneys to collectively develop smart and practical recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.

“Gun violence continues to be a distressing and persistent problem in the United States, but California is leading the nation in smart, common-sense gun policies designed to protect our communities,” said Attorney General Harris. “By working together, law enforcement and our state’s district attorneys can make a difference by improving enforcement and increasing prevention to help keep all Californians safe from gun violence.”

At the meeting, district attorneys discussed current programs that effectively reduce gun violence and how to better enforce current gun laws. The Leadership Group will prepare a report of best practices that will serve as models for law enforcement in other communities to adopt and as models for potential legislative reform.

Attorney General Harris discussed the importance of the Armed Prohibited Persons System (APPS) which takes guns out of the hands of those prohibited from owning them.

“The APPS program is unique to California and it is simple common-sense that prohibited persons should not possess firearms in violation of the law,” Attorney General Harris said. “The Department of Justice will be increasing the number of agents conducting these smart and effective operations.”

Earlier this month, Governor Jerry Brown signed into law Senate Bill 140, which gives $24 million to the APPS program. With the funds, the Attorney General will hire 36 additional agents. The Department of Justice will be able to increase enforcement operations statewide, including in Los Angeles, San Francisco, Sacramento, Fresno and Riverside.

California is the only state with a program like APPS, which identifies people who previously purchased one or more guns, but are later prohibited from owning them. A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.

Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons. In the first four months of 2013, agents have collected 461 firearms and 23,080 rounds of ammunition statewide and collected 84 firearms and 9,482 rounds in the Los Angeles area.

SACRAMENTO -- Attorney General Kamala D. Harris today applauded Governor Jerry Brown for signing a bill that provides $24 million for a Department of Justice program that takes firearms out of the hands of individuals who are prohibited by law from owning them.

“California is leading the nation in a common-sense effort to protect public safety by taking guns away from dangerous, violent individuals who are prohibited by law from owning them,” said Attorney General Harris. “These funds will allow the Department of Justice to increase the number of agents conducting these smart and effective operations. I commend Governor Brown for signing this critical public safety investment into law.”

Senate Bill 140, which takes effect immediately, will allow the Attorney General to hire 36 additional agents for the Armed and Prohibited Persons program (APPS). It will enable the Department of Justice to increase enforcement operations in Los Angeles, San Francisco, Sacramento, Fresno and Riverside.

 California is the only state with a program like APPS, which identifies people who previously purchased one or more guns, but are later prohibited from owning them. A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.

Senate Bill 140, by Senator Mark Leno, appropriates $24 million to the Department of Justice from a fund created by fees paid by gun owners at the time of purchase to hire additional agents and support staff.

“I applaud Governor Brown for signing into law this important legislation that addresses California’s growing backlog of illegally possessed firearms,” said Senator Leno, D- San Francisco. “While our state is the only one in the nation that has a system to track and identify persons who at one time made legal purchases of firearms but are now barred from possessing them, until now we have lacked sufficient resources to take back those weapons. We know for the safety of our communities that these people should not possess guns, and our reinvestment in this tracking program gives us the opportunity to confiscate them.”

Upon taking office in 2011, Attorney General Harris added 10 agents to the program, making a total of 33, in order to increase the number of guns confiscated from prohibited persons. Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons. In the first three months of 2013, agents have collected 461 firearms and 23,080 rounds of ammunition.

The APPS database cross-references five databases to identify those who legally purchased handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms.

The database was completed in November 2006, and the first statewide sweep was conducted in 2007.

When Attorney General Harris took office, she directed Department of Justice agents to conduct daily enforcement activities with the support of local law enforcement.

In January, Attorney General Harris sent a letter to Vice President Biden urging the APPS program to be considered as a national model. In February, she announced her support for U.S. Rep. Mike Thompson’s legislation to create a national grant program that will allow other states to start their own APPS programs.

SACRAMENTO -- Attorney General Kamala D. Harris today applauded the California State Senate’s bipartisan approval of a bill to increase funding for a Department of Justice program that takes firearms out of the hands of individuals who are prohibited from owning them.

“Taking guns away from dangerous, violent individuals who are prohibited by law from owning them is smart and efficient law enforcement,” said Attorney General Harris. “I commend the State Senate for strongly supporting this critical investment in public safety. Senate Bill 140 will allow us to double law enforcement’s efforts to take guns off the street.”

California is the only state to have an Armed and Prohibited Persons program (APPS), which identifies people who have a legally registered gun, but are later prohibited from owning it. A person becomes prohibited if he or she is convicted of a felony or a violent misdemeanor, is placed under a domestic violence restraining order or is determined to be mentally unstable.

Senate Bill 140, by Senator Mark Leno, passed the Senate on a 31 to 0 vote. The bill would appropriate $24 million to the Department of Justice from the Dealer Record of Sale account to allow for 36 additional agents to be hired for the APPS program. In 2012, DOJ agents investigated 2,148 cases and seized 1,963 weapons, including 261 assault weapons, and 117,887 rounds of ammunition.

“As we continue to debate how to best curb gun violence, this part of the solution is a no-brainer,” said Senate President pro Tempore Darrell Steinberg. “When we know thousands of guns are in the wrong hands, and we know who those people are, we need to eliminate as much of that danger as quickly as possible. This is a small but vital investment to protect our communities.”

“When it comes to preventing gun violence in California, we are at a distinct advantage because we are the only state in the nation that utilizes a unique system to identify persons who are barred from possessing firearms,” said Senator Leno, D-San Francisco. “However, we have only been able to confiscate a small number of these illegally possessed weapons due to lack of resources. Our reinvestment in this statewide identification program will help eliminate a troubling backlog and growing mountain of illegal weapons, which threatens public safety in our communities and prevents us from enforcing existing firearms laws.”

Upon taking office in 2011, Attorney General Harris added 10 agents, making a total of 33, to the program in order to increase the number of guns confiscated from prohibited persons. Over the last two years, DOJ agents have investigated nearly 4,000 people and seized nearly 4,000 weapons, including nearly 2,000 handguns and more than 300 assault weapons.

The APPS database cross-references five databases to identify those who legally purchased handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms.

The database was completed in November 2006, and the first statewide sweep was conducted in 2007.

When Attorney General Harris took office, she directed Department of Justice agents to conduct daily enforcement activities with the support of local law enforcement.

In January, Attorney General Harris sent a letter to Vice President Biden urging the APPS program to be considered as a national model. Last week, she announced her support for U.S. Rep. Mike Thompson’s legislation to create a national grant program that will allow other states to start their own APPS programs.

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement on Senator Dianne Feinstein’s federal assault weapons legislation:

"Senator Feinstein's renewed call to reactivate the federal assault weapons ban and to ban high-capacity magazines is in the best interest of public safety. These weapons of war are too often used to take innocent lives and do not belong on our streets.  I was proud to stand with Senator Feinstein when she fought to restore the ban in 2004, and I am proud to stand with her again today."

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement in response to the National Rifle Association’s press conference:

“It has been a painful week since the horrifying tragedy in Newtown. Instead of reckless calls to saturate our schools with guns, we should remove guns from the hands of dangerous people. California is the only state with a strong program that identifies and disarms prohibited persons, which should serve as a national model. I will strengthen this program and support stricter state and federal legislation, including Senator Feinstein’s effort to pass a federal assault weapons ban.”

SACRAMENTO -- Attorney General Kamala D. Harris today announced 2,000 firearms were seized from individuals legally barred from possessing them, including persons determined to be mentally unstable and those with active restraining orders.

“California has clear laws determining who can possess firearms based on their threat to public safety,” said Attorney General Harris. “Enforcing those laws is crucial because we have seen the terrible tragedies that occur when guns are in the wrong hands. This program is an important part of our law enforcement work and I thank all of the agents who work so hard every day to keep our communities safe.”

In 2012, 33 Department of Justice agents used the Armed Prohibited Persons System (APPS) database to identify individuals prohibited from owning guns, including convicted felons, individuals with active restraining orders, and those determined to be mentally unstable. In total, DOJ agents seized 2,033 firearms, 117,000 rounds of ammunition, and 11,072 illegal high capacity magazines. These numbers include seizures conducted from January 1 to November 30, 2012.

The majority of firearms were seized during two 6-week sweeps. The first statewide sweep targeted individuals prohibited because of mental health issues and the second focused on people with legally registered assault weapons who were later prohibited from owning them.

In 2011, Attorney General Harris sponsored legislation to increase funding for the Department of Justice’s APPS program through the use of existing regulatory fees collected by gun dealers. Senate Bill 819 passed in June 2011 and became law on January 1, 2012.

The APPS database cross-references five databases to find people who legally purchased handguns and registered assault weapons since 1996 with people who are prohibited from owning or possessing firearms. The database was completed in November 2006, and the first statewide sweep was conducted in 2007.

Since Attorney General Harris took office, there have been three statewide APPS sweeps. The Department of Justice leads these efforts with the support of local law enforcement agencies.

California is the first and only state in the nation to establish an automated system for tracking handgun and assault weapon owners who might fall into a prohibited status.

Photos of weapons seized during this past year’s APPS sweeps are attached to the electronic version of this release at: http://oag.ca.gov/news

SACRAMENTO -- Attorney General Kamala D. Harris today praised Governor Jerry Brown’s signature of Senate Bill 819, which will allow law enforcement officers to take more firearms out of the hands of those who are prohibited from owning them.

“Department of Justice Special Agents are the secret weapon of California law enforcement. I applaud Governor Brown for signing this law that will authorize our Special Agents to utilize existing funds to seize firearms from felons, gang members, the mentally ill and others who cannot legally possess such weapons,” Attorney General Harris said. “Seizing guns from the most dangerous among us is the kind of smart law enforcement that makes a difference in the everyday lives of Californians.”

SB 819, by Senator Mark Leno (D-San Francisco), allows the use of existing regulatory fees collected by gun dealers to fund the Armed Prohibited Persons System (APPS), a program administered by the California Department of Justice.

“There is a troubling blind spot in our current enforcement of firearms laws,” said Senator Leno. “Thousands of gun owners who once obtained their weapons legally still possess firearms despite subsequent issues, including criminal activities, which disqualify them from owning weapons. Innocent lives have been lost because we allow guns to be in the hands of known criminals and people who have serious mental illnesses. SB 819 helps remedy this troubling threat to public safety.”

The Bureau of Firearms has identified more than 18,000 Californians who illegally possess tens of thousands of firearms. Every day, 15 to 20 names are added to the list of prohibited persons who own firearms. SB 819 allows the Department of Justice to use a surplus from the Dealer’s Record of Sale account to enforce APPS. The program, which began in 2007, cross-references five databases to find people who legally purchased firearms since 1996 with those who have since been prohibited from owning or possessing them.

Law enforcement officials in California have long struggled to disarm people who are prohibited from owning a firearm. State and local officials lack the resources necessary to confiscate the enormous backlog of weapons, nor can they keep up with the daily influx of newly-prohibited persons. SB 819 helps to ensure that more persons on the APPS list are identified and their weapons confiscated.

In June, Attorney General Harris announced the results of a statewide sweep in which 1,209 firearms were seized from individuals legally barred from possessing them. The six-week sweep conducted by 99 agents from the Department of Justice also seized 155,731 rounds of ammunition and two grenades.

SACRAMENTO --- Attorney General Kamala D. Harris today announced the results of a statewide sweep in which 1,209 firearms were seized from individuals legally barred from possessing them, including persons determined to be mentally unstable and those with active restraining orders. The six-week sweep garnered three times as many firearms as were seized in 2007 when the last statewide sweep was conducted.

Attorney General Harris made the announcement at the third in a series of region-by-region zone meetings for members of the law enforcement community.

“Seizing guns from felons, gang members and other prohibited persons is the kind of smart, proactive law enforcement that makes a difference in the everyday lives of Californians,” said Attorney General Harris. “We are all safer thanks to the sworn officers who carried out this sweep and I am committed to strengthening this program.”

In the recently concluded sweep – the second statewide APPS effort – 99 agents from the Department of Justice seized 1,209 firearms from individuals prohibited from owning or possessing firearms. Agents also seized 155,731 rounds of ammunition and two grenades.

To clear the APPS backlog of approximately 34,000 handguns, Attorney General Harris is the sponsor of Senate Bill 819, which would revise the penal code to expand the use of existing regulatory fees collected by gun dealers to allow the state Department of Justice to use fee revenue to pay for the APPS program.

The bill would also allow the DOJ to seek to hire new agents, and offer training to local law enforcement agencies in support of the APPS program.

“SB 819 addresses a troubling blind spot in our current enforcement of existing firearms laws,” said Senator Leno, D-San Francisco, author of SB 819. “Innocent lives have already been lost because we allow guns to be in the hands of known criminals, gang members and people who have serious mental illnesses. Increased confiscation of these unlawfully-possessed firearms will help prevent future crimes and result in cost savings to the state due to avoided prosecution and incarceration.”

As part of today’s meeting, the assembled police officers and sheriffs received an overview on the APPS program and the ways in which local agencies can assist to keep firearms out of the hands of those prohibited from possessing them. Experts from the Department of Justice (DOJ) also briefed the law enforcement leaders on the Attorney General’s new Mortgage Fraud Strike Force and, with experts from the California Department of Corrections (CDCR), provided local law enforcement with the latest intelligence detailing how transnational gangs have integrated their operations across California communities and from inside our prisons.

Sacramento County Sheriff Scott Jones hosted today’s meeting.

“In today’s economic reality, it is more important than ever to work together to find new solutions to common problems,” said Sheriff Jones. “We need to share ideas, manpower, intelligence and energy to continue to make headway in the fight against crime.”

The Zone IV meeting was attended by law enforcement from Alpine, Amador, Calaveras, El Dorado, Nevada, Placer, Sacramento, San Joaquin, Stanislaus, Tuolumne, and Yolo counties.

Attorney General Harris also presented awards to nine individuals in recognition of their deep commitment to serving and protecting their communities. The sworn officers who received the Attorney General Awards demonstrated uncommon bravery and ingenuity.

The zone meetings – and the renewed focus on the APPS program – are part of a series of targeted law enforcement programs designed to reduce the reach of transnational gangs trafficking in guns, drugs and human beings across California. Today’s meeting follows closely on the heels of a series of major gang takedowns, including the arrests of 101 individuals in the Central Valley (http://oag.ca.gov/news/press_release?id=2512&).

A fact-sheet is attached to the digital version of this release at http://oag.ca.gov/ .

###

LOS ANGELES – California Attorney General Edmund G. Brown Jr. and Los Angeles Police Chief William Bratton today announced the seizure of 541 handguns, rifles and assault weapons during a “statewide crackdown” on 1,000 dangerous individuals barred from firearms possession because of violent felony convictions.

“During this statewide crackdown, Department of Justice agents investigated 1,000 of the most dangerous cases in the state’s firearms database,” Brown told a news conference at the attorney general’s Los Angeles headquarters. “The Department of Justice joined with local law enforcement to disarm hundreds of individuals—felons, domestic violence perpetrators, and people committed to mental health facilities—that should have relinquished their weapons.”

Department of Justice agents utilized a state database, known as the Armed and Prohibited Persons System, to identify persons who lawfully acquired firearms in the past but became barred from possession due to a subsequent felony conviction. The database, which currently has 9,000 cases, could eventually expand to include 60,000 individuals as new offender records are added to the system.

During the six-week operation, Department of Justice agents went door to door with local law enforcement to disarm the 1,000 most dangerous armed and violent felons identified in the state database. During the investigation agents seized 541 firearms, conducted 205 probation or parole searches and made 16 field arrests. During one investigation in Alameda County, agents seized over 100 rifles, handguns and assault weapons. In another case, agents confiscated three firearms and neo-Nazi propaganda including a swastika flag.

The goal of this investigation was to prevent violent crime in California by disarming individuals who were the most likely to use their unlawfully held guns to commit violent crimes. To identify the highest risk cases, analysts from the California Department of Justice created investigative case files on persons who legally acquired firearms in the past, but failed to relinquish the weapons after a violent felony conviction.

Department of Justice agents typically take action when firearm owners should have relinquished weapons after events such as:

• Felony convictions
• Violent or firearms-related misdemeanors
• Domestic violence incidents
• Protective orders, probation conditions, and other court orders
• Involuntary commitments under Welfare and Institutions Code section 5150 or 5250

The Attorney General’s Office will keep the seized guns in a state evidence vault until criminal proceedings are concluded or other arrangements are made by the owners to sell or relinquish the firearms. Eventually many of the weapons may be destroyed.

Dozens of law enforcement agencies worked with the California Department of Justice during the investigation including: Los Angeles Police Department (110 cases), Fresno Police Department (25 cases), Oakland Police Department (25 cases), Redding Police Department (15 cases), San Bernardino Police Department (10 cases), San Jose Police Department (10 cases) and Butte County Sheriff’s Office (10 cases). The California Police Chiefs Association and the California State Sheriffs’ Association also provided important assistance during the investigation.

Attorney General Brown called the investigation an important partnership with local law enforcement to disarm those who are likely to commit violent crimes. “There are thousands of people in California who acquired guns lawfully in the past, committed a crime, and should no longer have weapons,” Brown said. “The Department of Justice is committed to working with local law enforcement to confiscate these weapons and make the streets safer,” Brown added.

SB 950, which was signed into law in 2002, established the legal authority for the state to cross-reference criminal history information with firearms possession records. In July 2003, the Department of Justice received funding to build a database of this information—the Armed and Prohibited Persons System—which became operational in 2006 and made fully available to local law enforcement in 2007. In June, Attorney General Brown expanded the system so that law enforcement agencies can obtain information about offenders by jurisdiction rather than just through individual names searches.

California Department of Justice special agents have trained approximately 500 sworn local law enforcement officials in 196 police departments and 35 sheriffs departments on how to use the database during firearms investigations. The Department has also conducted 50 training sessions on how to use the vehicle-mounted California Law Enforcement Telecommunications System terminals to access the database.

The California Department of Justice Bureau of Firearms serves the people of California through regulation, enforcement and education regarding the manufacture, sales, ownership, safety training, and transfer of firearms. For more information about firearms law in California visit the California Department of Justice Bureau of Firearms Website: http://ag.ca.gov/firearms/

A photo of seized firearms from the operation is attached.

SAN DIEGO -- The California Department of Justice today presented its evaluation of the fifth and final case reviewed by the San Diego District Attorney’s Office involving an officer-involved shooting in the Vista area. In each of these five cases the San Diego District Attorney’s Office concluded the shootings were justified and declined to prosecute.

The Department of Justice released its findings on four of these cases in May, 2007 and determined that the involved deputies acted without discriminatory animus and justifiably used deadly force either in self defense of in defense of others. In this final case, the July 29, 2005 shooting of Jorge Ramirez by Deputy Mark Ritchie, the Department of Justice finds that the District Attorney’s decision not to prosecute was reasonable and not an abuse of her discretion.

In February of this year, after the District Attorney declined prosecution in these cases, the Coalition for Justice and El Grupo asked the Department of Justice to review the District Attorney’s decision and the department agreed to do so. District Attorney Bonnie Dumanis and Sheriff William Kolender cooperated fully with the Department of Justice’s review.

A case summary and facts concerning the shooting and conclusions of the District Attorney and Department of Justice are discussed in the attached memorandum.