Over the past 30 years, mass shootings have occurred in Oxnard, Goleta, Isla Vista, and Thousand Oaks. Collectively, more than two dozen people were killed, dozens were wounded, and hundreds of people were left with lifelong trauma.
Democratic Assemblywoman Jacqui Irwin of Thousand Oaks is teaming up with Ventura County District Attorney Erik Nasarenko on a proposed new state law, which they hope will help prevent future tragedies.
AB 1344 would provide a new tool to keep weapons away from people who might hurt themselves or others.
"For the first time, district attorneys would have standing, that is the ability to go into civil court, and petition a judge for a gun violence restraining order," said Nasarenko.
"This would help keep firearms, ammunition, guns, out of the hands of people who are experiencing a mental health crisis, expressing suicidal ideations, or have formed credible threats of violence against other people, schools, or employers. So, this is really a life-saving tool," said Nasarenko.
Prosecutors currently can't go to court on this issue. Law enforcement agencies and civil attorneys can sue for the orders, but DAs cannot.
Since the initial laws were passed nearly a decade ago, they were broadened, but didn’t include the ability of prosecutors to petition for gun violence restraining orders.
"The law has evolved to allow for roommates, employers, educators, and other civilians to also petition," explained Nasarenko. "What we know after ten years of data is a primary driver of these restraining orders are law enforcement. We as DAs are part of law enforcement. We're in court every day, we serve as a clearinghouse of information, so we have the ability to form knowledge when there's a credible threat, seek that order in court, which we are a part of every day, and hopefully save lives."
Nasarenko said it’s vital that DAs have this ability to help. He added that the tool was used 60 times by law enforcement agencies in Ventura County last year. However, the orders only last 21 days, and he contends prosecutors are better able to argue the case for longer-term protections.
"Twenty-one days from when the law enforcement officer calls the judge, that person cannot possess or purchase a gun," Nasarenko said. But, thereafter, there has to be a process where the GVRO (gun violence restraining order) is extended. It can be extended from one year to five years. That's why having DAs is so critical, because we're in court, we can pick up the ball from law enforcement."
The Ventura County District Attorney talks about why efforts to allow DAs to intervene in cases like this failed to become state law. Two previous efforts never made it through the state legislature.
"There were reservations in the state legislature about introducing criminal prosecutors into a civil legal landscape," said Nasarenko. "But, we're already in a civil legal landscape. For instance, we go after polluters and large corporations civilly when they pollute or break the law."
Supporters are taking a different approach this time. It will be a pilot program in Ventura, El Dorado, Alameda, and Santa Clara Counties if signed into law. The state legislature has passed it, and it’s now up to Gov. Gavin Newsom.
Nasarenko said he’s especially hopeful AB 1344 can help prevent suicides.
"In 2023, there were 45 suicide deaths in Ventura County. What a GVRO allows law enforcement and DAs to do is read a police report, speak to a family member, and explain there is a tool that exists under California law, and would they like for proseuctors on behalf of the family, on behalf of the loved one to go to court and seek this restraint so they can't harm tghemselves or others."
Newsom has until October 12 to act on the proposed law.
