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Tuesday, June 9, 2015

 2:26 PM 

First gun bill passes

A bill that establishes guidelines for the return of seized firearms to their owners cleared the Assembly on a voice vote.

Under AB 13, a person can apply for the return of a seized firearm, and the court must return it if one of these conditions is met: all charges connected with the seizure are dropped; six months have passed since the seizure and no charges have been filed; the person is found not guilty of the charges associated with the seizure; the person establishes no prior knowledge or consent relating to the crime that prompted the seizure; or the DA declines to file charges.

A sub amendment to the bill clarifies that there must be a hearing associated with the return of the property.

The Assembly’s Criminal Justice and Public Safety Committee passed the bill 8-4 along party lines. Dems in the committee argued there is not a problem that needs to be solved and that it is unwise to remove the discretion of judges when deciding whether to return seized firearms.


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