California Struggles to Seize Illegal Guns, Despite $24 Million Investment

California is the only state that confiscates guns from people who bought them legally, but later lost the right to own them: people convicted of a felony or a violent misdemeanor, who are subject to a domestic violence restraining order or who are determined to be mentally unstable.

The state's Department of Justice flags them in a database that cross-references registered gun owners with criminal history and mental health records and restraining orders.

But since the 2006 launch of the Armed Prohibited Persons System (APPS), the agency has struggled to keep up.

In 2013, the DOJ reported a backlog of 21,000 people banned from owning guns. The Legislature allocated $24 million that year to eliminate it. But a report released Monday shows 12,691 Californians who aren’t allowed to own guns may still have them.

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In a Jan. 21 letter to the Legislature, Attorney General Kamala Harris said increased funding allowed her agents to make “historic reductions” to the backlog, but that subsequent changes to state law have added thousands more banned gun owners.

In 2014, California expanded registration requirements to include rifles and shotguns that were previously exempt. Harris says the change doubled the number of people subject to a ban.

Another law that took effect in January could add 3,000 more people to the prohibited list each year. Assembly Bill 1014 -- enacted in response to the 2014 Isla Vista shooting rampage by a mentally ill student -- allows family members who are concerned about the mental health of a loved one to petition a court for a restraining order.

Harris warns that the DOJ’s current agent staffing level is “insufficient to deal with this increase.”

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With the $24 million funding set to expire May 1, Harris is asking for a permanent increase. A spokeswoman for Harris says the agency wants an extra $8 million a year for APPS and will work with the Legislature to identify the funding source.

The request riles Sen. Jim Nielsen, (R-Gerber), the leading Republican on the Senate Committee on Budget and Fiscal Review.

"The job has not been accomplished. There is no confidence that they’re going to do the job." Nielsen said Tuesday. “The Legislature should not give them any more money or even allow them to spend what they have left until they have submitted a concrete, benchmark plan of what and how that money will be spent."

Harris’ office had spent $14.4 million of the $24 million by October to boost staff and streamline operations.

While the department added agents each year, more than 20 staffed positions remained vacant. A DOJ report blames “outside factors” beyond the agency’s control, such as union contracts.

In the last 2½ years, Harris says agents have seized 355 assault weapons, 9,400 guns and 943,000 rounds of ammunition.