Probation Department Policy/Procedure Manual

1.19 Proposition 63: Prohibited Persons Firearms Relinquishment Procedure

Location	Division Wide
Section	N/A
Subject	1.19 Proposition 63: Prohibited Persons Firearms Relinquishment Procedure
Purpose	To provide the background information and law regarding Proposition 63, and to set forth the responsibilities of the Probation Department.
Effective Date	11/12/2019
Previous Effective Date

 

Background
Beginning January 1, 2018, the existing version of PC 29810 was repealed and Proposition 63’s version became effective.

PC 29810(a)(1) requires that a person relinquish all firearms upon conviction of any offense that renders the person subject to PC 29800 (felony conviction or addiction to a narcotic drug) or PC 29805 (convicted of a specified misdemeanor).

The Court is required to inform such a person about both the firearm and ammunition prohibitions and provide the defendant a “Prohibited Persons Relinquishment Form” (PPRF) developed by the Department of Justice (DOJ) (PC 29810(a)(2)).

 

PC 29810(b) - The Prohibited Persons Relinquishment Form (BOF 1022)

The PPRF is the form that will be supplied to the defendants by the Court at the time of conviction.

The PPRF notifies the defendant of the firearms restrictions set forth in PC 29810(b) as follows:

• Firearms and ammunition are prohibited, and firearms must be relinquished;
• Any cohabitant with a firearm must store it pursuant to existing PC 25135 requirements; and
• Defendant must declare and describe any firearms he/she owns, possesses, or controls, and provide the location of said firearms.

The form also allows the defendant to name a designee and grant power of attorney to that person for the purpose of transferring or disposing of all firearms. The designee must consent to the designation and to declare under penalty of perjury that he or she is not subject to a firearms prohibition

 

PC 29810(c)(1)-(2) - Probation Officer Duties

When defendants are convicted of cases subject to firearm relinquishment (including all felonies and 40+ misdemeanors), they are to be immediately assigned to a probation officer to investigate whether the Automated Firearms System (AFS) or other credible information, i.e. police reports, criminal history, etc., reveal the defendant’s ownership, possession or custody of a firearm.

Probation is also to receive the completed PPRF from the designee; provide documentation to update the AFS, if needed; and report to the Court whether the defendant complies with the relinquishment requirements and timely submitted the PPRF.

The Probation Officer will also prepare and submit a Probation Officer Verification Form to the DOJ with an updated AFS printout.

 

PC 29810(d) - Procedures When Defendant is Out of Custody at Time of Conviction

A defendant who does not remain in custody at any time within 5 days of conviction is required to dispose of firearms within 5 days in one of three ways:

• by surrendering control to a local law enforcement agency;
• by selling to a licensed firearms dealer; or
• by transferring for storage to a firearms dealer.

Law Enforcement officer or licensed firearms dealer taking possession of any firearm is required to issue a receipt to the designee describing the firearms and listing a serial number or other firearm identifier.

The PPRF must be completed and both the PPRF and a receipt showing firearms surrendered, sold or transferred, must be submitted by the defendant to the assigned Probation Officer within 5 days of conviction.

If the defendant does not own, possess, control, or have custody of any firearms, the defendant must submit the PPRF to the assigned probation officer “with a statement affirming that he or she has no firearms to be relinquished.”  

 

PC 29810(e) - Procedures When Defendant is In Custody at Time of Conviction

Designee of a defendant who is in custody at any point during the five days after conviction is required to dispose of firearms within 14 days of conviction in one of three ways:

• by surrendering control to a local law enforcement agency;
• by selling to a licensed firearms dealer; or
• (3) by transferring for storage to a firearms dealer.

A Law Enforcement officer or licensed dealer taking possession of any firearm is required to issue a receipt to the designee describing the firearms and listing a serial number or other firearm identifier.

The PPRF must be completed and both the PPRF and a receipt showing firearms surrendered, sold or transferred, must be submitted by the designee to the assigned Probation Officer within 14 days of conviction.

If the defendant does not own, possess, control, or have custody of any firearms, the defendant must submit the PPRF to the assigned probation officer “with a statement affirming that he or she has no firearms to be relinquished.”

If the defendant is released from custody during the fourteen days after conviction and a designee has not yet taken possession of firearms to be relinquished, the defendant is required to relinquish the firearms within five days of release, following the procedures in PC 29810(d) for out-of-custody defendants.

 

PC 29810(f) - The Court May Shorten or Lengthen Time Periods

For good cause, the court may shorten or lengthen the 5 and 14-day time periods in PC 29810(d) and (e) for relinquishing firearms, or the 14 day time period in PC 29810(c)(3) for the court to make findings about relinquishment.

The court may also permit an “alternative method of relinquishment,” but Prop. 63 does not specify what that might be.

 

PC 29810(h) - Firearms Owned by Cohabitants

Firearms lawfully owned by a cohabitant of a defendant are exempt from relinquishment if the defendant is notified that the cohabitant must store the firearms in accordance with PC 25135 (stored in a locked container or gun safe, disabled with a firearm safety device, locked with a locking device, or, carried on the cohabitant’s person or within close enough proximity that the firearm can be retrieved and used as if carried on the person).

Prop. 63 requires notice to the defendant, but apparently not to the cohabitant. The Defendant could be charged with PC 29800 or PC 29805 if it can be proved that the defendant was in joint custody, control, or possession of the cohabitant’s out-of-compliance firearms

WHAT DPOs ARE REQUIRED TO DO

• Review completed PPRF (BOF 1022) from the defendant, if received;
• Review AFS, RAPS and the police report;
• Prepare a report to Court with your findings; and
• Complete the Probation Officer Verification Form (BOF 1026) for submission to the DOJ, if applicable.

WHEN A DEFENDANT IS SENTENCED TO FORMAL PROBATION

On probation cases, where the Automated Firearms System (AFS) reflects a registered firearm to a person on probation, PRCS or mandatory sup but the Prohibited Firearms Relinquishment did not indicate the firearm(s) and we did not confirm the person still had it in their possession at the time of sentencing. The following must be formalized on the supervision side.

 

Noncompliance cases shall have a residence search completed within 14 calendar days:

• If the case has an outstanding firearm showing in CLETS or AFS
• If the defendant’s criminal history indicates the use or possession of a firearm
• The assigned DPO will document when the search or attempted search was completed and all relevant information
• The assigned DPO will ensure the defendant completes the Prohibited Persons Relinquish Form
• If the defendant reports as transient, the DPO is required to attempt contact within 14 calendar days to locate their possible whereabouts to conduct a search
• If the DPO is unable to locate or contact the defendant within the 14 calendar days, the DPO shall submit a warrant request.

Noncompliance cases that shall have a face to face contact completed within 30 days:

• If the case has no outstanding firearms showing in CLETS or AFS
• If there is no criminal history of use or possession of a firearm
• The assigned DPO will document when the face to face contact was completed and all relevant information
• The assigned DPO will ensure the defendant completes the Prohibited Persons Relinquishment Form
• If the defendant reports as transient, the DPO is required to attempt contact within 30 calendar days, to have a face to face meeting completed
• If the DPO is unable to locate or contact the defendant within the 30 calendar days, the DPO shall submit a warrant request

 If our follow-up activities led to the seizure of the firearm(s) or the person ultimately turns over the firearm and provides proof that they have relinquished the firearm to a license firearms dealer, a law enforcement agency or a third party legally entitled to have a firearm, we must complete the Probation Verification Form and submitted to DOJ and document in Monitor