Proposition 63

Proposition 63 is a safety for all initiative to keep guns and ammo out of the hands of violent offenders. The law attempts to close gaps to prevent the mentally ill and dangerous criminals from obtaining guns by strengthening background checks. The law also requires defendants to relinquish all firearms in their possession and/or control upon conviction.

Effective January 2018, Pursuant of Penal Code Section 29810 defendants convicted of a felony and certain misdemeanor offenses pursuant of Penal Code Section 29800 and 29805, and on outstanding warrants are subject to the new law.  The Court provides the defendant with the Prohibited Persons Relinquishment (PPR) Form at the time of conviction, which informs the defendant about his or her obligation to comply with the law. The court also refers the matter to the Probation Department to investigate if the defendant owns firearms and if those firearms have been relinquished. The Probation Department assigns the case to a DPO immediately to prepare an investigation report.  The DPO accesses various automated systems that include the Department of Justice (DOJ) Automated Firearm System to determine if the defendant has complied with the law. Also, The DPO collects the PPR form from the defendant and any receipts showing the relinquishment of firearms. Further, the DPO will check if weapons are registered at the defendant’s address.

Probation informs the court if the defendant owns, has surrendered firearms to law enforcement, sold to a licensed firearms dealer, transferred to a firearms dealer, or if the defendant has complied with the law. Further, the PPR form informs the defendant pursuant to Penal Code Section 25135 that cohabitants must store all firearms in accordance with the law.  The DPO submits a court report no less than 14 days prior to the defendant’s sentencing.  If the defendant fails to timely submit the PPR form to probation, it constitutes an infraction punishable by a $100.00 fine. Also, it can result in the court ordering a search warrant at any location that the Judge believes the defendant has firearms located.

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