One of the most significant changes introduced by AB 2358 is the deletion of provisions that previously allowed for a firearm to be checked against the Automated Firearms System (AFS) before an application is processed. Instead, it stipulates that the DOJ may not process any application until the firearm is accurately entered into AFS by the law enforcement agency that has custody of it. This impacts the workflow for law enforcement agencies, as it imposes additional duties related to the transparency and verification of firearm statuses.
Summary
Assembly Bill 2358, introduced by Assembly Member Petrie-Norris, amends several sections of the Penal Code to modify the process through which individuals can reclaim firearms that are in the custody of law enforcement. The bill requires applicants for the return of a firearm to establish an account with the California Firearms Application Reporting System (CFARS) and to notify the Department of Justice (DOJ) about the nature of the firearm being claimed, including whether it is self-manufactured or an antique. This is intended to streamline the application process while ensuring relevant information is gathered to assess eligibility.
Contention
The bill also prohibits law enforcement agencies from dismantling or altering firearms that are considered illegal in order to facilitate their return to the owner. This point has raised concerns among various stakeholders regarding the implications for firearm management practices. Critics may argue that this adds unnecessary bureaucratic hurdles for both law enforcement and individuals looking to reclaim their property, raising the question about balancing public safety with the rights of firearm owners.