Hertzberg-Portantino Major Gun Reform Measure Passes State Senate
For Immediate Release: May 24, 2022
Contact: Lerna Shirinian, (818) 409-0400
Hertzberg-Portantino Major Gun Reform Measure Passes State Senate
Sacramento, CA - Senate Bill 1327, a bill joint authored by Senate Majority Leader Emeritus Bob Hertzberg (D-Van Nuys) and Senator Anthony J. Portantino (D – La Cañada Flintridge) passed the Senate floor today. SB 1327 is a major gun reform measure that offers a new tool to combat the rise in gun violence and save lives – a private right of action. Governor Gavin Newsom is the official sponsor of the legislation.
“Today we witnessed another tragic school shooting. We have a gun violence epidemic in this country. The continued need to adopt sensible solutions to our nation’s tragic history of gun violence is dire and necessary. We must continue to take swift and meaningful steps toward combatting this epidemic in our country and improve public safety for all Californians,” said Senator Portantino, the bill’s joint author. “That includes SB 1327 - which I am proud to jointly author with Senator Hertzberg to empower individuals to bring civil lawsuits against those who manufacture, distribute or transport ghost guns into California. Let’s be clear the NRA will continue to oppose us and we need to be diligent with our efforts to make this law and keep our communities safe.”
Violent, gun-related crime is skyrocketing across the state. In 2020, California accounted for 65% of all ghost guns seized by the Bureau of Alcohol, Tobacco and Firearms. A recent Los Angeles Times article highlighted the problem the LAPD faces regarding ghost guns:
As of mid-October, the rapid proliferation of ghost guns in LA had contributed to more than 100 violent crimes, including 24 killings and 8 attempted homicides, as well as other violent offenses.
During the first half of the year, LAPD had confiscated 863 ghost guns, a nearly 300% increase over the 217 it seized during the same period last year. Since 2017, the department has seen a 400% increase in ghost gun seizures.
As a result the LAPD has a declared a “ghost gun epidemic” in Los Angeles.
“From New York to California – and sadly, Texas earlier today - gun violence and mass shootings are tearing our country apart and shattering our sense of safety,” Hertzberg said after the 24-to-10 vote to send his measure to the Assembly. “For the sake of our children, we must do all we can to keep our people safe.”
Modeled on the structure of Texas’ recent abortion ban, SB 1327 allows private citizens to sue anyone who manufactures, distributes, transports, imports, or sells assault weapons, .50 BMG rifles, ghost guns, or ghost gun kits in California. It allows citizens to sue for $10,000 on each weapon involved, as well as attorney fees.
SB 1327 continues Senator Portantino’s legacy as one of California’s most ardent gun reform advocates. During his time in the Assembly, the Senator successfully banned the open carry of handguns and rifles in California and as Senator, he raised the general gun purchase age in California to twenty-one. In 2019, Governor Newsom also signed Senator Portantino’s SB 172. The bill enacted a slate of significant provisions related to firearms storage by broadening criminal storage crimes, adding criminal storage offenses to those offenses that can trigger a 10-year firearm ban, and creating an exemption to firearm loan requirements for the purposes of preventing suicide. The same year, SB 376 was signed into law, which reduces the number of firearms an unlicensed individual is annually able to sell and the frequency with which they are able to sell.
In 2021, Senate Bill 715 was signed into law, which enacts important gun purchase safeguards. This year, Senator Portantino has authored SB 906, a measure that prioritizes student safety by ensuring safe at-home storage of firearms and quick, robust investigations of imminent school threats; SB 906 aims to prevent tragic shootings on our campuses.
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