Committee advances AB 383 to extend firearm prohibitions tied to juvenile adjudications

Assemblymember Laurie Davies urged the Public Safety Committee for an aye vote on AB 383, saying the bill "is a common sense measure to clean up existing firearm related codes" and that she would accept committee amendments.

The bill, as amended, would (1) clarify that a search warrant may be issued when firearms or ammunition have not been turned over by someone subject to a domestic violence protective order or restraining order; (2) allow minors to possess firearms while participating in hunting activities or education if they have written parental permission for a specific event or training; and (3) expand and clarify which juvenile adjudications trigger a firearms-disposition prohibition, generally extending prohibitions to adjudicated juveniles until either age 25 or age 30 depending on the underlying offense. The author noted an amendment that moves simple-possession-related prohibitions from age 30 to age 25 to address opposition concerns.

Joe Koehler, Orange County deputy district attorney, testified in support and said the change would amend Penal Code section 29810 to make juvenile adjudications equivalent to adult felony convictions for purposes of firearms prohibitions: "AB 383 would address this gap by amending penal code section 29810 to include juvenile adjudications, thereby extending firearm prohibitions to a broader class of offender," Koehler said. He and the author framed the measure as a public-safety step to reduce gun violence among youth.

Opponents said the bill sweeps too broadly. George Kramfthoo, legislative attorney with ACLU California Action, told the committee the measure would apply to relatively minor conduct such as possession of an unloaded handgun by a minor and could impose lifelong collateral consequences for youthful mistakes: "AB 383 goes beyond this realm of culpability and covers every situation that's just a kid being a kid," he said. Melinda Kakani of Children's Defense Fund California argued the bill risks overcriminalizing young people and asked for an equity review.

Committee members asked about impacts on young people who later pursue careers in law enforcement or the military. In response, a witness said the bill does not bar relief for rehabilitated youths who obtain a dismissal under Welfare and Institutions Code section 782.

The committee approved the measure as amended and ordered it to the Appropriations Committee. Motion by Alanis, second by Winn; the chair recommended "do pass as amended." The committee recorded ayes and the clerk announced the measure "passes" and will proceed to Appropriations.

Because the bill amends existing Penal Code cross-references and juvenile-disposition rules, proponents and opponents urged continued work on narrowly tailoring which adjudications qualify and on equity concerns. The author said she would continue working with stakeholders and committee staff before subsequent hearings.