Firearms

SACRAMENTO – Attorney General Kamala D. Harris today released the following statement, as leaders in the California State Assembly unveiled a package of bills aimed at reducing gun violence. 

“An epidemic of gun violence has cost too many Californians their lives and jeopardized public safety for too long.  As California's chief law enforcement officer, I see the urgent need to pass sensible gun safety legislation that aims to keep our streets and communities safe.  This is why I am working with members of our legislature to pursue these common sense policies.”

In January, Attorney General Harris and Assemblymember David Chiu (D-SF) announced AB 1663, legislation to close the “bullet button” loophole, which allows gun owners to quickly convert a rifle into a semi-automatic assault weapon.  This bill would expand the classification of assault weapons to include semi-automatic center fire rifles, which are capable of accepting detachable magazines. 

Attorney General Harris has made the implementation of effective gun safety measures a priority.  Since November 2013, Attorney General Harris has brought the number of individuals in the Armed Prohibited Persons System (APPS) database to a historic low of under 11,000, the lowest level since 2008—effectively removing nearly 25,000 prohibited individuals.  Over the last three years, the California Department of Justice has also doubled the average number of guns seized annually and increased the number of investigations per month by nearly 300 percent.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.

In 2013, Attorney General Harris also convened a Leadership Group of California’s district attorneys to collaboratively develop recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.

SANTA BARBARA - Attorney General Kamala D. Harris today announced that the California Department of Justice and the Santa Barbara County Sheriff’s Department have completed a two-day sweep to remove firearms from individuals legally barred from possessing them, including persons determined to be mentally unstable and those with active restraining orders against them. The joint operation resulted in the seizure of 83 firearms, 6,326 rounds of ammunition, 52 ammunition magazines and 10 arrests, targeting individuals on the Armed Prohibited Persons System (APPS). The seized firearms included three assault weapons.

This operation, as well as ongoing and day-to-day investigations, reduced the number of individuals in APPS to a historic low. During the past 30 months, the Bureau of Firearms has conducted over 18,608 APPS cases, and has taken 335 assault weapons, 4,549 handguns, 4,848 long-guns, and 43,246 rounds of ammunition off the streets from those who illegally possessed them.

As of February 11, 2016, the number of subjects on the APPS list is 12,334, the lowest it’s been since August 2008.

“Removing firearms from dangerous and violent individuals makes our communities safer,” said Attorney General Harris. “I thank our Department of Justice Bureau of Firearms Special Agents and the Santa Barbara Sheriff’s Department for taking on this dangerous work and their steadfast commitment to keeping our streets safe.”

"I thank the Attorney General’s Office for providing the resources to help confiscate illegally-possessed firearms in Santa Barbara County. Good people can and do differ in their viewpoints on how guns should be controlled, but I think we can all agree that firearms should not be in the hands of felons, violent offenders or persons suffering from severe mental illness. Removing weapons from those on the Armed and Prohibited Persons list targets law breakers and makes our community a safer place," said Santa Barbara Sheriff Bill Brown. 

“I commend Attorney General Kamala Harris, the Department of Justice and the Santa Barbara Sheriff’s Department for their tremendous efforts getting guns and ammunition out of the hands of people who shouldn’t have them in the first place,” said Senator Hannah-Beth Jackson (D-Santa Barbara). “Unfortunately, we are a community that knows too painfully well about the costs and devastation of gun violence. These efforts help prevent potential tragedies while showing that the APPs system is a powerful tool for law enforcement to use to keep our communities safe.”

“I want to highlight the work of the California Department of Justice’s Office of the Attorney General, as well as the Santa Barbara County Sheriff’s Department, who worked together tirelessly to ensure that this illegal firearm sweep was a success. The primary goal of these sweeps is compliance, and getting guns out of the hands of prohibited individuals means safer communities and less illegal firearms throughout the County. By acting with professionalism and excellent coordination, over 80 firearms and 6000 rounds of ammunition were successfully seized with a minimal number of arrests. Locating and seizing illegal firearms is dangerous and demanding work, so on behalf of Santa Barbara County I thank all those who were involved," said Assemblymember Das Williams.

The APPS sweep, which began on February 9, was completed over two days and closed 79 cases.

Thanks to the dedication of our special agents and local law enforcement, the California Department of Justice has doubled the average number of guns seized per year and increased the number of investigations per month by nearly 300% over the past two years.

In November 2015, the California Department of Justice and the Sacramento Sheriff’s Department conducted a joint APPS operation, resulting in 150 investigations and the seizure of 82 firearms, and 10 arrests.

In May of last year, an APPS collaboration between L.A. County local law enforcement and California Department of Justice Special Agents resulted in the arrest of 26 individuals, the seizure of 254 firearms, 48,000 rounds of ammunition, and 18 illegal high capacity magazines.

The APPS database was completed in November 2006, and instantly created a backlog of thousands of investigations. APPS identifies individuals who purchased firearms, but later became prohibited from legally owning them because they were convicted of a felony or a violent misdemeanor, placed under a domestic violence restraining order, or suffer from serious mental illness.

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.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013. In 2015, Attorney General Harris submitted a letter urging the legislature to make funding to the APPS program permanent.

SAN FRANCISCO - Today, Attorney General Kamala D. Harris and Assemblymember David Chiu announced legislation to close the “bullet button” loophole.  This loophole enables a firearm owner to use a bullet or other pointed object to quickly detach and replace a weapon’s ammunition magazine, converting a rifle into a semi-automatic assault weapon.  An individual can switch magazines on a gun with a bullet button within seconds.  This bill would expand the classification of assault weapons to include semi-automatic center fire rifles, which are capable of accepting detachable magazines.  

“The devastation wrought by gun violence on innocent victims, children and families in this country is an international embarrassment,” said Attorney General Harris. “This is a common sense solution that closes a dangerous loophole in California’s assault weapons ban.  We simply must do everything we can to keep dangerous, high capacity firearms off of our streets and out of our communities.”  

Assembly Bill 1663 will broaden the classification of restricted firearms to include dangerous assault weapons that are currently easy to purchase and manufacture.  In 1989, passage of the Roberti-Roos Assault Weapons Control Act (the AWCA) made it a felony to manufacture any of the assault weapons listed in the statute.  In 1999, the Legislature expanded the AWCA to include more technologically advanced semiautomatic weapons, including firearms with a “fixed magazine” and/or firearms with “the capacity to accept a detachable magazine.”  Under current law, manufacturers have been able to create firearms with detachable magazines that evade classification as assault weapons that are prohibited from being possessed, sold, transferred or imported into the state without a permit.  “Bullet buttons” require the tip of a bullet or tool to release a magazine and insert a new one.  Because a device is needed to eject the magazine, bullet button firearms are not restricted under the AWCA statute.

“We must close the loopholes in our assault weapons ban so that guns like the ones used in San Bernardino, Newtown, and Aurora cannot be bought legally in our state,” said Assemblymember David Chiu (D-San Francisco), who first worked on gun legislation as a United States Senate aide in the mid-1990s.  “Detachable magazines cost lives, and it is more important to save lives during future mass shootings than to be able to reload assault weapons in the blink of an eye.  I appreciate the sponsorship by Attorney General Harris and look forward to working this year with my colleagues and the Governor’s office on this and other efforts to prevent gun violence.”

Attorney General Harris has made the implementation of effective gun safety measures a priority.  Since November 2013, Attorney General Harris has brought the number of individuals in the Armed Prohibited Persons System (APPS) database to a historic low of 12,691—effectively removing 20,573 prohibited individuals.  Over the last two years, the California Department of Justice has also doubled the average number of guns seized annually and increased the number of investigations per month by nearly 300 percent.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.

In 2013, Attorney General Harris convened a Leadership Group of California’s district attorneys to collaboratively develop recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.

Earlier this month, Attorney General Harris issued a statement in support of President Obama’s executive actions to reduce gun violence through enhanced background checks, increased mental heath treatment and improved gun safety technology.

LOS ANGELES - Attorney General Kamala D. Harris issued the following statement on President Barack Obama’s new executive actions to reduce gun violence:

“Gun violence has a devastating impact on our communities and there is a severe need for common sense gun safety laws. The President has rightfully used executive action to reduce gun violence through enhanced background checks, increased mental health treatment and reporting, and improved gun safety technology. It is a false choice to think we have to accept mass shootings as the norm in the United States, it's now time for Congress to act.”

FRESNO - Attorney General Kamala D. Harris today announced that California Department of Justice Bureau of Firearms Special Agents have removed more than 500 firearms from a single individual that is legally barred from owning them and is in the Armed Prohibited Persons System (APPS) database.  Through this operation, agents seized 209 handguns, 88 shotguns, 234 rifles, 181 standard capacity magazines, 10 high capacity magazines, 100,521 rounds of various ammunition, and 10 assault weapons including a .50 caliber bolt action rifle. The individual, from Clovis, is on the APPS database due to a prior mental health hold, which prohibits an individual from possessing firearms. The individual was arrested for illegally possessing the firearms. 

This operation, as well as ongoing and day-to-day investigations have reduced the number of individuals in APPS to a historic low.  Since November 2013, Attorney General Harris has brought the number of individuals in the registry down by nearly half.  Over the last two years, the California Department of Justice has doubled the average number of guns seized annually and increased the number of investigations per month by nearly 300%, allowing special agents to conduct 17,465 investigations as of October 30, 2015. 

“Removing firearms from dangerous and violent individuals who pose a threat to themselves and the public is a top priority for the California Department of Justice,” said Attorney General Harris.  “I thank our Bureau of Firearms Special Agents for their bravery in carrying out these dangerous investigations and their commitment to keeping our communities safe.”

In October, California Department of Justice Special Agents and the Sacramento Sheriff’s Department conducted an APPS operation that resulted in the seizure of 82 firearms and 10 arrests.  In May, California Department of Justice Special Agents and local law enforcement partners in Los Angeles County conducted a similar successful operation that resulted in the seizure of 254 firearms, 48,000 rounds of ammunition, and 18 illegal high capacity magazines, as well as the arrest of 26 individuals.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.

APPS works to identify individuals who previously procured firearms, but later became barred from legally owning them because they were convicted of a felony or a violent misdemeanor, placed under a domestic violence restraining order, or suffer from serious mental illness.  California is the first and only state in the U.S. to establish an automated system for tracking handgun and assault weapon owners who might fall into a prohibited status.

SACRAMENTO - Attorney General Kamala D. Harris today announced that the California Department of Justice and the Sacramento County Sheriff’s Department have completed a multi-day operation to remove firearms from individuals legally barred from possessing them, including persons determined to be mentally unstable and those with active restraining orders against them. The joint operation resulted in 150 investigations and the seizure of 82 firearms and 10 arrests, targeting individuals on the Armed Prohibited Persons System (APPS).

This operation, as well as ongoing and day-to-day investigations, reduced the number of individuals in APPS to a historic low. As of November 4, 2015, the number of individuals on the APPS list is 13,918, the lowest it’s been since January 2009.

“Removing firearms from dangerous and violent individuals who pose a threat to themselves and the public is a top priority for the California Department of Justice,” said Attorney General Harris. “I thank our Department of Justice Bureau of Firearms Special Agents and the Sacramento Sheriff’s Department for their bravery in carrying out these dangerous investigations and their commitment to keeping our communities safe.”

The three-day operation, conducted the week of October 26, included 27 California Department of Justice Special Agents and 20 Sacramento County Sheriff’s Deputies.

Over the last two years, the California Department of Justice has doubled the average number of guns seized per year and increased the number of investigations per month by nearly 300%, enabling special agents to conduct 17,465 investigations as of October 30, 2015.

In May, California Department of Justice Special Agents and Los Angeles County local law enforcement partners conducted an APPS operation that resulted in the seizure of 254 firearms, 48,000 rounds of ammunition, and 18 illegal high capacity magazines. The L.A. County operation also resulted in the arrest of 26 individuals.

APPS works to identify individuals who previously purchased firearms, but later became prohibited from legally owning them because they were convicted of a felony or a violent misdemeanor, placed under a domestic violence restraining order, or suffer from serious mental illness. The database was completed in November 2006, and instantly created a queue of thousands of investigations.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.

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.

Attorney General Harris today issued the following statement on the passing of James Brady:

“Today, our nation lost a true hero in James Brady. His tireless advocacy on behalf of reasonable gun safety laws has made our communities safer by keeping firearms out of the wrong hands. James’ bravery, determination and service to his country will live on through The Brady Act and the work of all those who continue the fight to reduce gun violence. 

I extend my most sincere condolences to his family, friends and all of his loved ones.”

LOS ANGELES -- Attorney General Kamala D. Harris today announced the seizure of over 400 firearms and the arrest of two individuals who allegedly trafficked illegal firearms.

“California has laws that regulate the sales and purchase of firearms. These individuals broke the law by illegaly selling firearms for personal profit,” Attorney General Harris said. “The trafficking of firearms is a serious threat to public safety, and they will face serious consequences.”

Suspects Alvin Seal, 67, of Oildale (Kern County), and Erik Stoffel, 39, of Apple Valley (Riverside County) were arrested and taken into custody yesterday and booked into San Bernardino County Jail on charges of sale of an assault weapon, sale of a large capacity magazine and sale to a prohibited person. Seal remains in custody on $50,000 bail while Stoffel made bail this morning.

On Tuesday, March 11, agents with the California Department of Justice executed three search warrants at three locations at 13483 Cronese Rd., Apple Valley, 329 Beardsley Ave., Oildale, and 309 Beardsley Ave., Oildale.

The search of the three locations resulted in the seizure of over 350 firearms (handguns, rifles and assault weapons), two WWII-era grenades and one mortar round. At the time of the arrests the suspects were also in possession of an additional 50 firearms.

The arrests and seizures are the result of a investigation conducted by the California Attorney General’s Office that began in early 2014. According to investigative documents, Seal was an official vendor selling firearms at California gun shows and Stoffel was a co-conspirator during Seal’s attempts to complete firearms transactions at gun shows without going through a licensed firearms dealer, as required under state law. These transactions included assault weapons, which are banned in California. Over the course of the investigation, Seal and Stoffel illegally sold multiple firearms, including banned assault weapons, to undercover agents with the California Department of Justice.

The California Department of Justice was assisted in this operation by the California Highway Patrol and the Kern County Sheriff’s Department.

Photos of the guns seized are attached to the electronic version of this release at: https://oag.ca.gov/news

Attorney General Kamala D. Harris today filed a petition in the Ninth Circuit Court of Appeals, on behalf of the State of California, urging the court to review and reverse its decision in Peruta v. County of San Diego.

In its February 13, 2014 Peruta decision, the Ninth Circuit ruled that San Diego County violates the Second Amendment by requiring individuals to show “good cause,” beyond a mere desire to carry a gun, when applying for a concealed-carry weapons permit.

“Local law enforcement must be able to use their discretion to determine who can carry a concealed weapon," Attorney General Harris said. "I will do everything possible to restore law enforcement's authority to protect public safety, and so today am calling on the court to review and reverse its decision."

California state law currently requires individuals to show "good cause" to carry a concealed weapon, but gives local law enforcement control over the permit process. If the Ninth Circuit’s ruling is allowed to take effect, officials throughout the State could be required to issue concealed-carry permits to individuals based on nothing more than the applicant’s assertion that they wish to carry a gun for self-defense.

In San Diego County, concealed-carry permit applicants have, until now, been required to show “good cause” by demonstrating “a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way.”

On February 21, 2014 San Diego Sheriff Bill Gore announced he would not seek further review of the Ninth Circuit’s ruling. 

The copy of the filings is attached to the electronic version of this release at: https://oag.ca.gov/news

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.