Senator Portantino Announces Comprehensive Firearm Reform Legislation

For Immediate Release: February 9, 2023

Contact: Lerna Shirinian, (818) 409-0400

Senator Portantino Announces Comprehensive Firearm Reform Legislation

Sacramento, CA –Senator Anthony J. Portantino (D – Burbank) announced today that he has introduced SB 368, a common sense gun safety measure that would expand and strengthen the year prohibition of firearm ownership and put additional responsibilities on gun shops. 

“As we are witnessing the proliferation of tragic gun violence, it is our moral obligation to ensure public safety by enacting comprehensive firearm reform policies,” stated Senator Portantino. “The data tells us that when compared to households without firearms, households with firearms have a higher risk of suicide and accidental firearm injury to members of that household. Currently there is no review for people coming off the prohibited gun list and there are many offenses that clearly make someone incapable of being a responsible gun owner.  Implementing gun buyback programs can reduce violence and risk of suicide by compensating participants who voluntarily turn in firearms to a public agency or community-based organization, especially during a mental health crisis. SB 368 will save lives.”

Currently, licensed retailers and law enforcement agencies are not required to accept and store firearms during a mental health crisis. There are also certain firearm misdemeanors that do not currently fall under the 10-year prohibition of firearms category and the Department of Justice does not have a process for evaluating individuals who may or may not need an extension of a 10-year gun prohibition. Lastly, in an attempt to attract business, some retailers hold “opportunity drawing,” or raffles, for various firearms accessories, thereby increasing the demand for firearms by means of chance.

SB 368 would:

• Require that licensed firearm dealers establish a voluntary buyback program in consultation with the Department of Justice;
• Require a licensed firearms dealer to accept the storage of a firearm transferred by an individual to prevent an attempted suicide; licensed retailers may also store firearms for other lawful reasons outside of mental health crises.
• Prohibits a licensed firearms dealer from offering an opportunity to win an item of inventory in a raffle and would except from this prohibition nonprofit organizations under certain circumstances;
• Adds a number of misdemeanor offenses for which a conviction results in a 10-year prohibition on possession of a firearm;
• Requires the Department of Justice to create an evaluation process to determine whether an extension of a 10-year prohibition is warranted, as well as provide notice and opportunity to be heard to the person, and establish a process for the person to appeal any extension of the prohibition instituted by the department.

Senator Portantino has long been a champion of common sense gun reform policies. During his time in the Assembly, he successfully banned the open carry of handguns and rifles in California and as Senator, he raised the firearm purchase age in California to twenty-one.  The Senator has authored legislation related to firearms storage and gun purchase safeguards, as well as a legislation that reduces the number of firearms an unlicensed individual is annually able to sell and the frequency with which they are able to sell.  Most recently, he authored legislation aimed at preventing tragic schools shootings and 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.  Earlier this year, Senator Portantino introduced SB 2, which will implement significant improvements to California’s existing conceal-carry weapon (CCW) laws – a measure sponsored by the Governor Newsom and Attorney General Bonta.

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