AB 1968: Mental health: firearms.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-28
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would prohibit a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder and who was previously taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the prohibition with a form to request a hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the Department of Justice to update the form in accordance with these requirements and distribute the form to facilities by January 1, 2020. The bill would prohibit the facility from submitting the form on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would allow a person who is subject to a lifetime firearm prohibition to file a subsequent petition every 5 years to show by a preponderance of the evidence that he or she can use firearms in a safe and lawful manner, as provided.
Existing law makes it a crime for a person who has been certified for intensive treatment after being admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder, to own a firearm for a period of 5 years. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for an order that he or she may own a firearm. Existing law requires the clerk of the court to set a hearing date at the time the petition is filed. Existing law authorizes a continuance of 14 days after the district attorney is notified of the hearing date.
This bill would require the court to set a hearing date within 60 days. The bill would further authorize a continuance of 30 days after the district attorney has been notified of the hearing date. If additional continuances are granted, the bill would limit the total length of time for continuances to 60 days.
This bill would make these provisions operative on January 1, 2020.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would prohibit a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder and who was previously taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the prohibition with a form to request a hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the Department of Justice to update the form in accordance with these requirements and distribute the form to facilities by January 1, 2020. The bill would prohibit the facility from submitting the form on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would allow a person who is subject to a lifetime firearm prohibition to file a subsequent petition every 5 years to show by a preponderance of the evidence that he or she can use firearms in a safe and lawful manner, as provided.
Existing law makes it a crime for a person who has been certified for intensive treatment after being admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder, to own a firearm for a period of 5 years. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for an order that he or she may own a firearm. Existing law requires the clerk of the court to set a hearing date at the time the petition is filed. Existing law authorizes a continuance of 14 days after the district attorney is notified of the hearing date.
This bill would require the court to set a hearing date within 60 days. The bill would further authorize a continuance of 30 days after the district attorney has been notified of the hearing date. If additional continuances are granted, the bill would limit the total length of time for continuances to 60 days.
This bill would make these provisions operative on January 1, 2020.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would require that prohibit a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder and who was previously taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance be prohibited from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the above provisions prohibition with a form to request the above-specified a hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the Department of Justice to update the form in accordance with these requirements and distribute the form to facilities by January 1, 2020. The bill would prohibit the facility from submitting the form on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would allow a person who is subject to a lifetime firearm prohibition to file a subsequent petition every 5 years to show by a preponderance of the evidence that he or she can use firearms in a safe and lawful manner, as provided.
Existing law makes it a crime for a person who has been certified for intensive treatment after being admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder, to own a firearm for a period of 5 years. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for an order that he or she may own a firearm. Existing law requires the clerk of the court to set a hearing date at the time the petition is filed. Existing law authorizes a continuance of 14 days after the district attorney is notified of the hearing date.
This bill would require the court to set a hearing date within 60 days. The bill would further authorize a continuance of 30 days after the district attorney has been notified of the hearing date. If additional continuances are granted, the bill would limit the total length of time for continuances to 60 days.
This bill would make these provisions operative on January 1, 2020.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would require that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period to and who was previously taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance be prohibited from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the above provisions with a form to request the above-specified hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the person to be responsible for submitting the form to the superior court and a copy of the form to the district attorney, and would prohibit the facility from doing so submitting the form on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would also require that a petition for a hearing be made no sooner than 6 months after the persons discharge from the facility. allow a person who is subject to a lifetime firearm prohibition to file a subsequent petition every 5 years to show by a preponderance of the evidence that he or she can use firearms in a safe and lawful manner, as provided.
Existing law makes it a crime for a person who has been certified for intensive treatment after being admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder, to own a firearm for a period of 5 years. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for an order that he or she may own a firearm. Existing law requires the clerk of the court to set a hearing date at the time the petition is filed. Existing law authorizes a continuance of 14 days after the district attorney is notified of the hearing date.
This bill would require the court to set a hearing date within 60 days. The bill would further authorize a continuance of 30 days after the district attorney has been notified of the hearing date. If additional continuances are granted, the bill would limit the total length of time for continuances to 60 days.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would require that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a 5-year one-year period to be prohibited from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the above provisions with a form to request the above-specified hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the person to be responsible for submitting the form to the superior court and a copy of the form to the district attorney, and would prohibit the facility from doing so on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would also require that a petition for a hearing be made no sooner than 6 months after the persons discharge from the facility.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime for a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder to own a firearm for a period of 5 years after the person is released from the facility. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to petition the court for a hearing in which the district attorney is required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If the people do not meet this burden, existing law requires the court to order that the person not be subject to this prohibition on the possession of firearms.
This bill would require that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a 5-year period to be prohibited from owning a firearm for the remainder of his or her life. The bill would extend the above hearing process to a person under these provisions. Because a violation of the firearm prohibition would be a crime, the bill would impose a state-mandated local program.
Existing law requires the facility to provide a person subject to the above provisions with a form to request the above-specified hearing and to forward the form to the superior court if the person requests a hearing. Existing law requires the Department of Justice to prescribe the form.
This bill would require that form to include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney solely for use in the hearing. The bill would require the person to be responsible for submitting the form to the superior court and a copy of the form to the district attorney, and would prohibit the facility from doing so on behalf of the person.
Existing law requires the court to set a hearing within 30 days of receipt of a request. Existing law authorizes a continuance of 14 days, upon a showing of good cause by the district attorney.
This bill would instead require the court to set the hearing within 60 days. The bill would further authorize a continuance of 30 days, upon a showing of good cause by the district attorney. The bill would also require that a petition for a hearing be made no sooner than 6 months after the persons discharge from the facility.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)A person who has been (A) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) assessed within the meaning of Section 5151, and (C) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility. A person described in the preceding sentence, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 30 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(g)(1)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney was notified of the hearing date by the clerk of the court. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.Section 8103 is added to the Welfare and Institutions Code, to read:8103.(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)(A)A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because he or she was a danger to himself, herself, or to others during the previous one-year period, for life. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a copy of the most recent Patient Notification of Firearm Prohibition and Right to Hearing Form prescribed by the Department of Justice. The Department of Justice shall update this form in accordance with the requirements of this section and distribute the updated form to facilities by January 1, 2020. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons mental health records, upon request, to the appropriate court, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The facility shall not submit the form on behalf of the person subject to this subdivision.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(10)If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one-year period, the court shall inform the person of his or her right to file a subsequent petition no sooner than five years from the date of the hearing.
(11)A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the persons last petition. A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition.
(g)(1)(i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall become operative on January 1, 2020.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)A person who has been (A) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) assessed within the meaning of Section 5151, and (C) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility. A person described in the preceding sentence, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 30 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(g)(1)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney was notified of the hearing date by the clerk of the court. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.Section 8103 is added to the Welfare and Institutions Code, to read:8103.(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)(A)A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because he or she was a danger to himself, herself, or to others during the previous one-year period, for life. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a copy of the most recent Patient Notification of Firearm Prohibition and Right to Hearing Form prescribed by the Department of Justice. The Department of Justice shall update this form in accordance with the requirements of this section and distribute the updated form to facilities by January 1, 2020. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons mental health records, upon request, to the appropriate court, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The facility shall not submit the form on behalf of the person subject to this subdivision.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(10)If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one-year period, the court shall inform the person of his or her right to file a subsequent petition no sooner than five years from the date of the hearing.
(11)A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the persons last petition. A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition.
(g)(1)(i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall become operative on January 1, 2020.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)No A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)No A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than, than one court day after issuing the order.
(c)(1)No A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)No A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)No A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)No A person who has been (A) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) assessed within the meaning of Section 5151, and (C) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase purchase, any firearm for a period of five years after the person is released from the facility. A person described in the preceding sentence, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Commencing July 1, 2012, facilities Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 30 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)Where If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)Nothing in this subdivision shall This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(g)(1)No A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Commencing July 1, 2012, facilities Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney was notified of the hearing date by the clerk of the court. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.Section 8103 is added to the Welfare and Institutions Code, to read:8103.(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)(A)A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because he or she was a danger to himself, herself, or to others during the previous one-year period, for life. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a copy of the most recent Patient Notification of Firearm Prohibition and Right to Hearing Form prescribed by the Department of Justice. The Department of Justice shall update this form in accordance with the requirements of this section and distribute the updated form to facilities by January 1, 2020. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons mental health records, upon request, to the appropriate court, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The facility shall not submit the form on behalf of the person subject to this subdivision.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(10)If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one-year period, the court shall inform the person of his or her right to file a subsequent petition no sooner than five years from the date of the hearing.
(11)A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the persons last petition. A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition.
(g)(1)(i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
(l)This section shall become operative on January 1, 2020.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than, than one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)(A)A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A) more than once within a period of one year (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or life, as appropriate. or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because he or she was a danger to himself, herself, or to others during the previous one-year period, for life. Simultaneously, the facility shall inform the person that, six months after discharge from the facility, that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney, court, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The person subject to this subdivision shall be responsible for submitting the form to the superior court and a copy of the form to the district attorneys office. The facility shall not submit the form or copy of the form on his or her behalf. on behalf of the person subject to this subdivision.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition, but no sooner than six months after discharge from the facility. prohibition. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(10)If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one year period, the court shall inform the person of his or her right to file a subsequent petition no sooner than five years from the date of the hearing.
(11)A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the persons last petition. A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition.
(g)(1)(i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
REVISIONS: HeadingLine 2.(a)(1)A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than, one court day after issuing the order.
(c)(1)A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)(A)A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A) more than once within a five-year period of one year shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or life, as appropriate. Simultaneously, the facility shall inform the person that, six months after discharge from the facility, he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The person subject to this subdivision shall be responsible for submitting the form to the superior court and a copy of the form to the district attorneys office. The facility shall not submit the form or copy of the form on his or her behalf.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition, but no sooner than six months after discharge from the facility. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(g)(1)(i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney was notified of the hearing date by the clerk of the court. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)No A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.
(2)The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.
(b)(1)No A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or any dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than, one court day after issuing the order.
(c)(1)No A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.
(d)(1)No A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States.
(2)The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.
(e)(1)No A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.
(2)The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.
(3)All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).
(f)(1)No (A)A person who has been (A) (i) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) (ii) assessed within the meaning of Section 5151, and (C) (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase purchase, any firearm for a period of five years after the person is released from the facility. A
(B)A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A) more than once within a five-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
(C)A person described in the preceding sentence, this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).
(2)(A)(i)For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.
Any(ii)Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.
(B)Commencing July 1, 2012, facilities Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. years or life, as appropriate. Simultaneously, the facility shall inform the person that that, six months after discharge from the facility, he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. The Department of Justice shall prescribe the form. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the persons medical and mental health records, upon request, to the appropriate district attorney, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The person subject to this subdivision shall be responsible for submitting the form to the superior court and a copy of the form to the district attorneys office. The facility shall not submit the form or copy of the form on his or her behalf.
(4)The Department of Justice shall provide the form upon request to any person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period. period or period of the lifetime prohibition, but no sooner than six months after discharge from the facility. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.
(5)A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 30 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section.
(6)The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
(7)If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(8)Where If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms.
(9)Nothing in this subdivision shall This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.
(g)(1)No (i)A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
Any(ii)Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).
(2)(A)For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).
(B)Commencing July 1, 2012, facilities Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.
(3)Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).
(4)A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney was notified of the hearing date by the clerk of the court. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the persons state mental health firearms prohibition system information.
(h)(1)For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).
(2)Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.
(i)Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year.
(j)Deadly weapon, as used in this section, has the meaning prescribed by Section 8100.
(k)Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 28, 2018 | Chaptered by Secretary of State - Chapter 861, Statutes of 2018. |
| Sep 28, 2018 | Approved by the Governor. |
| Sep 4, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 22, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 17, 2018 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 19). Re-referred to Com. on APPR. |
| Jun 7, 2018 | Referred to Com. on PUB. S. |
| May 30, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | Coauthors revised. |
| Apr 18, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 10, 2018 | Re-referred to Com. on APPR. |
| Apr 9, 2018 | Read second time and amended. |
| Apr 5, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 3). |
| Mar 1, 2018 | Re-referred to Com. on PUB. S. |
| Feb 28, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 8, 2018 | Referred to Com. on PUB. S. |
| Feb 1, 2018 | From printer. May be heard in committee March 3. |
| Jan 31, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 1968 LOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2018 | Assembly 3rd Reading AB1968 Low et al. By Allen | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 29, 2018 | AB 1968 LOW Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 3, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aaron Green and Associates | * Support | Apr 3, 2018 |
| America College | * Support | Apr 3, 2018 |
| American Civil Liberties Union of California | ** Against | Aug 20, 2018 |
| Assembly Floor Vote: 64 - 1 | ** Against | Jun 18, 2018 |
| Bay Area Student Activists | ** Support | Aug 20, 2018 |
| California Association Of Marriage And Family Therapists | ** Support | Aug 20, 2018 |
| California Association Of Psychiatric Technicians | ** Support | Aug 20, 2018 |
| California Civil Liberties Advocacy | ** Against | Aug 20, 2018 |
| California District Attorneys Association | * Support | Jun 19, 2018 |
| California Federation Of Teachers | ** Support | Aug 20, 2018 |
| California Police Chiefs Association | ** Support | Aug 20, 2018 |
| California Psychiatric Association | ** Against | Apr 2, 2018 |
| California Psychological Association | ** Support | Aug 20, 2018 |
| California State Sheriffs' Association | ** Support | Aug 20, 2018 |
| City Of Long Beach | * Support | Jun 19, 2018 |
| City of Santa Monica | ** Support | Aug 20, 2018 |
| Coalition Against Gun Violence | ** Support | Aug 20, 2018 |
| Crime Victims Action Alliance | * Support | Jun 19, 2018 |
| Disability Rights of California | ** Against | Aug 20, 2018 |
| Los Angeles District Attorney's Office | ** Support | Jun 19, 2018 |
| Peace Officers Research Association Of California | ** Support | Aug 20, 2018 |
| PURPOSE | ** Against | Jun 18, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1968
Author:(Low)
As Amended Ver:August 17, 2018
Majority vote
ASSEMBLY: | 64-1 | (May 29, 2018) | SENATE: | 33-4 | (August 22, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Requires that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period be prohibited from owning a firearm for the remainder of his or her life, subject to the right to challenge the prohibition at periodic hearings.
The Senate amendments:
- Specify that prior to, or concurrent with, discharge, the facility shall provide the person with a copy of the most recent "Patient Notification of Firearm Prohibition and Right to Hearing Form."
- Require the Department of Justice (DOJ) to update the notification form in accordance with the provisions of this bill and distribute the updated form to facilities by January 1, 2020.
- Make the provisions of this bill operative January 1, 2020.
EXISTING LAW:
- Prohibits firearm possession for an individual who has been adjudicated as a mental defective or who has been committed to a mental institution.
- States that no person who has been found, not guilty by reason of insanity of any crime other than those specified, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, as specified.
- Specifies that no person found by a court to be mentally incompetent to stand trial, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court.
- States that no person who has been placed under conservatorship by a court, as specified, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others.
- Specifies that a person who has been taken into custody on a 72 hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility.
- States that a person taken into custody on a 72 hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
- States that prior to, or concurrent with, the discharge, the facility shall inform a person that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
- Provides that a person subject to a 72 hour hold may make a single request for a hearing at any time during the five-year period.
- Specifies that within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court.
- States that he court shall set the hearing within 30 days of receipt of the request for a hearing.
- Provides that upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days.
- Specifies that the prosecution has the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
- States that if the court finds that the people have not met their burden, the court shall order that the person shall not be subject to the five-year prohibition on the possession of firearms.
- No person who has been certified for intensive treatment as specified shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
- Prior to, or concurrent with, the discharge of each person certified for intensive treatment the facility shall inform the person of their right to a hearing on right to possess firearms.
- Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment for up to three years in the county jail as, a realignment felony, or in a county jail for not more than one year, as a misdemeanor.
AS PASSED BY THE ASSEMBLY, this bill:
- Specified that a person who has been taken into custody, assessed, and admitted because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
- Allowed a person admitted more than once within a one-year period because they were a danger to themselves or others, to request a court hearing on whether they would be likely to use firearms in a safe and lawful manner.
- Required the District Attorney to bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, if a hearing has been requested.
- Specified that if court finds that the people have met their burden to show by a preponderance of the evidence that a person is subject to a lifetime firearm prohibition because that person had been admitted to mental health facility, as specified, more than once within the previous one year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing.
- Stated that a person subject to a lifetime ban is entitled to bring subsequent petitions under this section. A person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person's last petition.
- Provided that a hearing on subsequent petitions will be conducted as described in this subdivision, with the exception that the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner and subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition.
- Required that the form to request a hearing on the right to possess firearms include an authorization for the release of the person's medical and mental health records, upon request, to the appropriate court, solely for use in the hearing.
- Prohibited the mental health facility from submitting the hearing petition form on behalf of the individual.
- Extended the time for the court to set the hearing on restoration of right to possess firearms from within 30 days, to within 60 days of the filing of a petition.
- Authorized a continuance of the hearing for 30 days on the restoration of right to possess firearms, upon a showing of good cause by the district attorney, an extension from the current continuance of 14 days.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- DOJ: Implementation costs to make information technology system changes and hire staff to review records of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 ongoing. Unknown, likely minor one-time costs to update the specified firearms prohibition form. (Special fund*/General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who violate the lifetime ban imposed by this measure and to hear and decide petitions to reinstate firearm rights to persons who are subject to the lifetime ban by this bill. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
* Dealer Record of Sale Special Account
COMMENTS: According to the author, ''People at risk of harming themselves or others should not have easy access to firearms. Research shows that suicide with a firearm is the most common and by far the most lethal suicide method. Just having a firearm in the home is a strong predictor for gun suicide. AB 1968 tightens our laws to keep firearms out of the hands of people who may be suicidal or violent. Restricting their access to firearms could save lives.''
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004539
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1968 |
THIRD READING
Bill No: AB 1968
Amended: 8/17/18 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 6-1, 6/19/18
AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-1, 8/16/18
AYES: Portantino, Bradford, Hill, Nielsen, Wiener
NOES: Beall
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 64-1, 5/29/18 - See last page for vote
SUBJECT: Mental health: firearms
DIGEST:
This bill requires that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period be prohibited from owning a firearm for the remainder of his or her life, subject to the right to challenge the prohibition at periodic hearings.
Existing law:
- Prohibits firearm possession for an individual who has been adjudicated as a mental defective or who has been committed to a mental institution. (18 USC 922, subd. (g)(4).)
- States that no person who has been found, not guilty by reason of insanity of any crime other than those specified, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, as specified. (Welf. and Inst. Code, 8103, subd (c)(1).)
- Specifies that no person found by a court to be mentally incompetent to stand trial, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court. (Welf. and Inst. Code, 8103, subd (d)(1).)
- States that no person who has been placed under conservatorship by a court, as specified, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. (Welf. and Inst. Code, 8103, subd (e)(1).)
- Specifies that a person who has been taken into custody on a 72 hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welf. and Inst. Code, 8103, subd (f)(1).)
- States that a person taken into custody on a 72 hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f).)
- States that prior to, or concurrent with, the discharge, the facility shall inform a person that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
- Provides that a person subject to a 72-hour hold may make a single request for a hearing at any time during the five-year period. (Welf. and Inst. Code, 8103, subd (f)(4).)
- Specifies that within seven days after the request for a hearing, DOJ shall file copies of the reports described in this section with the superior court. (Welf. and Inst. Code, 8103, subd (f)(5).)
- States that the court shall set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
- Provides that upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. (Welf. and Inst. Code, 8103, subd (f)(5).)
- Specifies that the prosecution has the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f)(6).)
- States that if the court finds that the people have not met their burden), the court shall order that the person shall not be subject to the five-year prohibition on the possession of firearms. (Welf. and Inst. Code, 8103, subd (f)(7).)
- Provides that no person who has been certified for intensive treatment as specified shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years. (Welf. and Inst. Code, 8103, subd (g).)
- Provides that prior to, or concurrent with, the discharge of each person certified for intensive treatment the facility shall inform the person of their right to a hearing on right to possess firearms. (Welf. and Inst. Code, 8103, subd (g)(3).)
- Specifies that every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment for up to three years in the county jail as, a realignment felony, or in a county jail for not more than one year, as a misdemeanor. (Welf. and Inst. Code, 8103, subd (i).)
- States whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is otherwise prohibited from possessing a firearm as specified, is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. (Welf. and Inst. Code, § 8102, subd. (a).)
- Requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to DOJ to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm. (Pen. Code, § 28160-28220.)
- Specifies that the Attorney General maintains an online database known as the Armed Prohibited Persons File (APPS). The purpose of APPS is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (Pen. Code, § 30000.)
This bill:
- Specifies that a person who has been taken into custody, assessed, and admitted because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
- Allows a person admitted more than once within a one-year period because they were a danger to themselves or others, to request a court hearing on whether they would be likely to use firearms in a safe and lawful manner.
- Requires the District Attorney to bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, if a hearing has been requested.
- Specifies that if court finds that the people have met their burden to show by a preponderance of the evidence that a person is subject to a lifetime firearm prohibition because that person had been admitted to mental health facility, as specified, more than once within the previous one year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing.
- States that a person subject to a lifetime ban is entitled to bring subsequent petitions under this section. A person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition.
- Provides that a hearing on subsequent petitions will be conducted as described in this subdivision, with the exception that the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner and subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition.
- Requires that the form to request a hearing on the right to possess firearms include an authorization for the release of the person’s medical and mental health records, upon request, to the appropriate court, solely for use in the hearing.
- Prohibits the mental health facility from submitting the hearing petition form on behalf of the individual.
- Extends the time for the court to set the hearing on restoration of right to possess firearms from within 30 days, to within 60 days of the filing of a petition.
- Authorizes a continuance of the hearing for 30 days on the restoration of right to possess firearms, upon a showing of good cause by the district attorney, an extension from the current continuance of 14 days.
- Specifies a sunset date of January 1, 2020.
Background
The Lanterman-Petris-Short Act (LPS Act) governs the involuntary treatment of the mentally ill in California. Enacted by the Legislature in 1967, the act includes among its goals ending the inappropriate and indefinite commitment of the mentally ill, providing prompt evaluation and treatment of persons with serious mental disorders, guaranteeing and protecting public safety, safeguarding the rights of the involuntarily committed through judicial review, and providing individualized treatment, supervision and placement services for the gravely disabled by means of a conservatorship program.[1] (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1008-1009.)
The LPS Act limits involuntary commitment to successive periods of increasingly longer duration, beginning with a 72-hour detention for evaluation and treatment (Welf. & Inst. Code, § 5150), which may be extended by certification for 14 days of intensive treatment (Welf. & Inst. Code, § 5250); that initial period may be extended for an additional 14 days if the person detained is suicidal. (Welf. & Inst. Code, § 5260.) In those counties that have elected to do so, the 14-day certification may be extended for an additional 30-day period for further intensive treatment. (Welf. & Inst. Code, § 5270.15.) Persons found to be imminently dangerous may be involuntarily committed for up to 180 days beyond the 14-day period. (Welf. & Inst. Code, § 5300.) After the initial 72-hour detention, the 14-day and 30-day commitments each require a certification hearing before an appointed hearing officer to determine probable cause for confinement unless the detainee has filed a petition for the writ of habeas corpus. (Welf. & Inst. Code, §§ 5256, 5256.1, 5262, 5270.15, 5275, 5276.) A 180-day commitment requires a superior court order. (Welf. & Inst. Code, § 5301.) (Id.)
The LPS Act also authorizes the appointment of a conservator for up to one year for a person determined to be gravely disabled as a result of a mental disorder and unable or unwilling to accept voluntary treatment. (Welf. & Inst. Code, § 5350.) The proposed conservatee is entitled to demand a jury trial on the issue of his or her grave disability, and has a right to counsel at trial, appointed if necessary. (Welf. & Inst. Code, §§ 5350, 5365.) (Id.)
Current law states that a person who has been taken into custody on a 72-hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welfare and Inst. Code, 8103, subd (f)(1).)
The facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Upon filing of the petition, the court is required to set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
Current law provides that a person subject to a 72-hour hold may make a single request for a hearing regarding their right to possess a firearm at any time during the five-year period. (Welf. and Inst. Code, § 8103, subd (f)(4).) Current law allows a person subject to a 72-hour hold to restore their right to possess a firearm if the superior court has found that the prosecution has not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, § 8103, subd (f).)
This bill mandates a lifetime firearm prohibition for individuals that have more than one W&I 5150s (72-hour hold) within a one-year time period. An individual subject to a lifetime firearm prohibition because of the provisions in this bill would be entitled to a hearing. The prosecution would bear the burden to demonstrate that the individual showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If a court upholds the lifetime firearm prohibition, the person would be entitled to subsequent petitions, but no sooner than five years from the date of the last petition. At any subsequent petition the person would bear the burden to establish that they were likely to use firearms in a safe and lawful manner. This bill extends the timeframe to set the hearing from 30 days to 60 days, and describes the timeframe and limits for any continuances of the hearing.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- DOJ: Implementation costs to make information technology system changes and hire staff to review records of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 ongoing. Unknown, likely minor one-time costs to update the specified firearms prohibition form. (Special fund*/General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who violate the lifetime ban imposed by this measure and to hear and decide petitions to reinstate firearm rights to persons who are subject to the lifetime ban by this bill. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
* Dealer Record of Sale Special Account
Bay Area Student Activists
California Association of Marriage and Family Therapists
California Association of Psychiatric Technicians
California Chapter of the American College of Emergency Physicians
California Federation of Teachers
California Police Chiefs Association
California Psychological Association
California State Sheriffs’ Association
City of Santa Monica
Coalition Against Gun Violence
Peace Officers Research Association of California
OPPOSITION: (Verified 8/16/18)
American Civil Liberties Union of California
California Civil Liberties Advocacy
Disability Rights of California
ASSEMBLY FLOOR: 64-1, 5/29/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NOES: Kamlager-Dove
NO VOTE RECORDED: Travis Allen, Bigelow, Choi, Eggman, Flora, Fong, Gray, Harper, Mayes, Melendez, Obernolte, Steinorth, Voepel
Prepared by: Gabe Caswell / PUB. S. /
8/20/18 10:01:11
www.sdap.org/downloads/research/criminal/mh.doc ↑
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 1968 (Low) - Mental health: firearms
Version: April 9, 2018 | Policy Vote: PUB. S. 6 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 16, 2018 | Consultant: Shaun Naidu |
Bill Summary:
AB 1968 would impose a lifetime ban on the possession, ownership, and purchasing of firearms on individuals who are taken into custody, assessed, and admitted into designated facility because of a danger to self or others due to a mental health disorder, as specified. It also would provide a person the ability to challenge the prohibition.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 16, 2018
Fiscal Impact:
- Department of Justice (DOJ): Implementation costs to make IT system changes and hire staff to review records of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 ongoing. Unknown, likely minor one-time costs to update the specified firearms prohibition form. (Special fund*/General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who violate the lifetime ban imposed by this measure and to hear and decide petitions to reinstate firearm rights to persons who are subject to the lifetime ban by this bill. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Dealer Record of Sale (DROS) Special Account
Author Amendments:
Require DOJ to update a form related to firearm prohibitions and to delay operability of AB 1968 to January 1, 2020.
Committee Amendments:
Add a coauthor.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 1968 (Low) - Mental health: firearms
Version: April 9, 2018 | Policy Vote: PUB. S. 6 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 6, 2018 | Consultant: Shaun Naidu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1968 would impose a lifetime ban on the possession, ownership, and purchasing of firearms on individuals who are taken into custody, assessed, and admitted into designated facility because of a danger to self or others due to a mental health disorder, as specified. It also would provide a person the ability to challenge the prohibition.
Fiscal Impact:
- Department of Justice (DOJ): Implementation costs to make IT system changes and hire staff to review records of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 ongoing. (Special fund*/General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who violate the lifetime ban imposed by this measure and to hear and decide petitions to reinstate firearm rights to persons who are subject to the lifetime ban by this bill. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Dealer Record of Sale (DROS) Special Account
Background:
A person who is admitted to a mental health facility because that person is a danger to self or others is prohibited from owning or possessing a firearm for a period of five years after the person has released from the facility. Individuals who are restricted from owning a firearm because of prior admittance to a mental health facility are allowed to petition a court to remove this restriction. A violation of this prohibition is an alternate felony-misdemeanor that is punishable pursuant to the 2011 Realignment Legislation or up to one year in county jail.
Proposed Law:
This bill would:
- Impose a lifetime ban on a person from owning, possessing, controlling, receiving, or purchasing (or attempting to do any of the aforementioned) a firearm if the person:
- has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to self or others, as a result of a mental health disorder; and
- was previously taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance.
- Allow a person who would be subject to the lifetime prohibition that would be imposed by this bill to own, possess, control, receive, or purchase (or attempt to do so) if the prosecution has not proven to the court by the preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
- Extend the timeframes in which the court would be require hear a request to lift the lifetime prohibition.
Related Legislation:
AB 3129 (Rubio, 2018) would impose a lifetime firearm prohibition upon the conviction of specified misdemeanors related to domestic violence. AB 3129 is pending in this Committee.
AB 1084 (Melendez, 2013) would have increased the penalty to incarceration in state prison for two, three, or four years when an individual, who has been prohibited from gun possession because the person has been held for specified mental health findings, possesses a gun. AB 1084 failed passage in the Assembly Committee on Public Safety.
AB 1131 (Skinner, Ch. 747, Stat. 2013) increased the period of time that a person is prohibited from possessing a firearm based on a mental illness or mental disorder or a serious threat of violence communicated to a licensed psychotherapist.
SB 755 (Wolk, 2013) would have prohibited a person who has been ordered by a court to undergo assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. SB 755 was vetoed by the governor, who stated that he was “not persuaded that it is necessary to bar gun ownership on the basis of crimes that are non-felonies, non-violent and do not involve the misuse of a firearm.”
Staff Comments:
Costs to DOJ to carry out this measure traditionally would be funded from the DROS Special Account. Staff notes, however, that the account is structurally imbalanced. The 2018-19 proposed expenditure exceeds the estimated revenue by over $700,000, leaving a diminished estimated reserve of $5.5 million. This measure would result in General Fund costs pressure if related costs are not fully recoverable from the DROS Special Account.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1968 Hearing Date: June 19, 2018
Author: | Low | ||
Version: | April 9, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Mental Health: Firearms
HISTORY
Source: California District Attorneys Association
Prior Legislation: SB 755 (Wolk), 2014, vetoed
AB 1014 (Skinner), Ch. 872, Stats of 2014
AB 1131 (Skinner), Ch. 747, Stats. of 2013
AB 1084 (Melendez), 2013, failed Assembly Public Safety
Support: Bay Area Student Activists; California Association of Marriage and Family Therapists; California Association of Psychiatric Technicians; California Federation of Teachers; California Police Chiefs Association; California Psychological Association; California State Sheriffs’ Association; City of Santa Monica; Coalition Against Gun Violence; Peace Officers Research Association of California
Opposition: American Civil Liberties Union of California; California Civil Liberties Advocacy; Disability Rights of California
Assembly Floor Vote: 64 - 1
PURPOSE
The purpose of this bill is to require that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period be prohibited from owning a firearm for the remainder of his or her life, subject to the right to challenge the prohibition at periodic hearings.
Existing law prohibits firearm possession for an individual who has been adjudicated as a mental defective or who has been committed to a mental institution. (18 USC 922, subd. (g)(4).)
Existing law states that no person who has been found, not guilty by reason of insanity of any crime other than those specified, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, as specified. (Welf. and Inst. Code, 8103, subd (c)(1).)
Existing law specifies that no person found by a court to be mentally incompetent to stand trial, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court. (Welf. and Inst. Code, 8103, subd (d)(1).)
Existing law states that no person who has been placed under conservatorship by a court, as specified, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. (Welf. and Inst. Code, 8103, subd (e)(1).)
Existing law specifies that a person who has been taken into custody on a 72 hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welf. and Inst. Code, 8103, subd (f)(1).)
Existing law states that a person taken into custody on a 72 hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f).)
Existing law states that prior to, or concurrent with, the discharge, the facility shall inform a person that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
Existing law provides that a person subject to a 72 hour hold may make a single request for a hearing at any time during the five-year period. (Welf. and Inst. Code, 8103, subd (f)(4).)
Existing law specifies that within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. (Welf. and Inst. Code, 8103, subd (f)(5).)
Existing law states that he court shall set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
Existing law provides that upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. (Welf. and Inst. Code, 8103, subd (f)(5).)
Existing law specifies that the prosecution has the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f)(6).)
Existing law states that if the court finds that the people have not met their burden), the court shall order that the person shall not be subject to the five-year prohibition on the possession of firearms. (Welf. and Inst. Code, 8103, subd (f)(7).)
Existing law provides that no person who has been certified for intensive treatment as specified shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years. (Welf. and Inst. Code, 8103, subd (g).)
Existing law provides that prior to, or concurrent with, the discharge of each person certified for intensive treatment the facility shall inform the person of their right to a hearing on right to possess firearms. (Welf. and Inst. Code, 8103, subd (g)(3).)
Existing law specifies that every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment for up to three years in the county jail as, a realignment felony, or in a county jail for not more than one year, as a misdemeanor. (Welf. and Inst. Code, 8103, subd (i).)
Existing law states whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is otherwise prohibited from possessing a firearm as specified, is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. (Welf. and Inst. Code, § 8102, subd. (a).)
Existing law requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to the Department of Justice (DOJ) to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm. (Pen. Code, § 28160-28220.)
Existing law specifies that the Attorney General maintains an online database known as the Armed Prohibited Persons File (APPS). The purpose of APPS is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (Pen. Code, § 30000.)
This bill specifies that a person who has been taken into custody, assessed, and admitted because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
This bill allows a person admitted more than once within a one-year period because they were a danger to themselves or others, to request a court hearing on whether they would be likely to use firearms in a safe and lawful manner.
This bill requires the District Attorney to bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, if a hearing has been requested.
This bill specifies that if court finds that the people have met their burden to show by a preponderance of the evidence that a person is subject to a lifetime firearm prohibition because that person had been admitted to mental health facility, as specified, more than once within the previous one year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing.
This bill states that a person subject to a lifetime ban is entitled to bring subsequent petitions under this section. A person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition.
This bill provides that a hearing on subsequent petitions will be conducted as described in this subdivision, with the exception that the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner and subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition.
This bill requires that the form to request a hearing on the right to possess firearms include an authorization for the release of the person’s medical and mental health records, upon request, to the appropriate court, solely for use in the hearing.
This bill prohibits the mental health facility from submitting the hearing petition form on behalf of the individual.
This bill extends the time for the court to set the hearing on restoration of right to possess firearms from within 30 days, to within 60 days of the filing of a petition.
This bill authorizes a continuance of the hearing for 30 days on the restoration of right to possess firearms, upon a showing of good cause by the district attorney, an extension from the current continuance of 14 days.
COMMENTS
- Need for This Bill
According to the author:
AB 1968 would remove the firearms of someone who has been placed on a 5150 hold twice in one year and prohibits the admitting facility from filling out the petition form on the individual’s behalf. The individual could still petition the court for a hearing to have his or her guns returned.
People at risk of harming themselves or others should not have easy access to firearms. AB 1968 tightens our laws to keep firearms out of the hands of people who may be suicidal or violent. Restricting their access to firearms will save lives.
A 5150 hold is named after the section of the California Welfare and Institutions code that authorizes people who are deemed to be a danger to themselves or others to be placed on an involuntary psychiatric hold for 72 hours.
Under current law, people who are admitted under one 5150 hold have their firearms taken away for five years but the law allows for them to petition the court for a hearing to have their guns returned. Anecdotal evidence indicates that some mental health institutions fill out the petition on behalf of the individual upon release. Under current law, hearings must take place within 30 days of the petition’s submission, which is often not enough time to obtain the necessary medical and psychiatric records and prepare for the hearing.
Assembly Bill 1968 indefinitely removes the firearms of an individual who has been placed on a 5150 hold twice in one year, with the option to petition the court every five years for a hearing to have them returned. The admitting facility would be prohibited from filling out the petition form on the individual’s behalf, and the petition would include an authorization for the release of the person’s mental health records to the appropriate district attorney. The hearing would take place within 60 days of receipt.
The bill is supported by the California District Attorneys Association, the California Association of Psychiatric Technicians, the California Federation of Teachers, the California Psychological Association, the California State Sheriffs Association, the Santa Barbara Chapter of the Coalition Against Gun Violence, and the Police Officers Research Association of California (PORAC).
- The Lanterman-Petris-Short Act (LPS Act)
The LPS Act governs the involuntary treatment of the mentally ill in California. Enacted by the Legislature in 1967, the act includes among its goals ending the inappropriate and indefinite commitment of the mentally ill, providing prompt evaluation and treatment of persons with serious mental disorders, guaranteeing and protecting public safety, safeguarding the rights of the involuntarily committed through judicial review, and providing individualized treatment, supervision and placement services for the gravely disabled by means of a conservatorship program.[1] (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1008-1009.)
The LPS Act limits involuntary commitment to successive periods of increasingly longer duration, beginning with a 72-hour detention for evaluation and treatment (Welf. & Inst. Code, § 5150), which may be extended by certification for 14 days of intensive treatment (Welf. & Inst. Code, § 5250); that initial period may be extended for an additional 14 days if the person detained is suicidal. (Welf. & Inst. Code, § 5260.) In those counties that have elected to do so, the 14-day certification may be extended for an additional 30-day period for further intensive treatment. (Welf. & Inst. Code, § 5270.15.) Persons found to be imminently dangerous may be
involuntarily committed for up to 180 days beyond the 14-day period. (Welf. & Inst. Code, § 5300.) After the initial 72-hour detention, the 14-day and 30-day commitments each require a certification hearing before an appointed hearing officer to determine probable cause for confinement unless the detainee has filed a petition for the writ of habeas corpus. (Welf. & Inst. Code, §§ 5256, 5256.1, 5262, 5270.15, 5275, 5276.) A 180-day commitment requires a superior court order. (Welf. & Inst. Code, § 5301.) (Id.)
The LPS Act also authorizes the appointment of a conservator for up to one year for a person determined to be gravely disabled as a result of a mental disorder and unable or unwilling to accept voluntary treatment. (Welf. & Inst. Code, § 5350.) The proposed conservatee is entitled to demand a jury trial on the issue of his or her grave disability, and has a right to counsel at trial, appointed if necessary. (Welf. & Inst. Code, §§ 5350, 5365.) (Id.)
- Existing Law on Welfare & Institutions (W&I) Code 5150 (72-hour hold) and Firearm Prohibition
Current law states that a person who has been taken into custody on a 72-hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welfare and Inst. Code, 8103, subd (f)(1).)
The facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Upon filing of the petition, the court is required to set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
Current law provides that a person subject to a 72-hour hold may make a single request for a hearing regarding their right to possess a firearm at any time during the five-year period. (Welf. and Inst. Code, § 8103, subd (f)(4).) Current law allows a person subject to a 72-hour hold to restore their right to possess a firearm if the superior court has found that the prosecution has not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, § 8103, subd (f).)
This bill would mandate a lifetime firearm prohibition for individuals that have more than one W&I 5150s (72-hour hold) within a one year time period. An individual subject to a lifetime firearm prohibition because of the provisions in this bill would be entitled to a hearing. The prosecution would bear the burden to demonstrate that the individual showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If a court upholds the lifetime firearm prohibition, the person would be entitled to subsequent petitions, but no sooner than five years from the date of the last petition. At any subsequent petition the person would bear the burden to establish that they were likely to use firearms in a safe and lawful manner. This bill would extend the time frame to set the hearing from 30 days to 60 days, and describes the time frame and limits for any continuances of the hearing.
- Constitutional Right to Possess Firearms
In June of 2008, the United States Supreme Court, in District of Columbia v. Heller (2008), 554 U.S. 570, 128 S. Ct. 2783, held that the Second Amendment of the United States Constitution, U.S. Const. Amend. II, confers an individual right to keep and bear arms, and guarantees the individual right to possess and carry weapons in case of confrontation, rejecting prior case law that had treated this right as a collective right of the people, assertable only in connection with the maintenance of a militia.
However, the Supreme Court stated that its opinion should not be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
Subsequent to the Heller decision, the Fourth District Appellate Court upheld California’s current law regarding a 5 year prohibition on firearm possession for a person subject to a 72 hour hold. In People v. Jason K. (4th Dist. 2010), 188 Cal. App. 4th 1545.), the court upheld a court order precluding a defendant from possessing firearms pursuant to California state law barring possession of firearms by a person detained for a mental disorder, as it applied to an individual who had been detained for 72-hour psychiatric evaluation and then discharged, rejecting the detainee's argument that the state law was unconstitutional insofar as it permitted him to be deprived of his right to bear arms based on a showing by a preponderance of the evidence that he would not be likely to use firearms in a safe and lawful manner. The court noted that, as the Heller case indicated, this right is subject to the state's traditional authority to regulate firearm use by individuals who have a mental illness. The court also noted that the Heller decision had further explicitly recognized the problem of handgun violence and confirmed that the constitution leaves a variety of tools for combating that problem. The court concluded that although the preponderance of the evidence standard required the individual to share equally in the risk of an erroneous adjudication, this risk sharing was justified under circumstances where an individual exhibited a mental disorder sufficient to warrant hospitalization because of facts showing the individual might endanger himself or others.
In reaching its holding the court took note of the temporary nature (five years) of the deprivation of gun rights. The court stated, “When the gravity of the potential consequences of allowing possession of guns by an individual with a history of a manifested mental disturbance is balanced against the temporary deprivation of access to these weapons, the balance weighs in favor of permitting proof by a preponderance of the evidence. (Id. at 1557.)
This bill would provide for a permanent ban on firearm possession for an individual that has been held twice, or more, under a 72 hour hold, within a one year period. A lifetime ban raises due process questions as to whether or not a restriction to one opportunity to have a hearing is appropriate given that mental condition/status is something that can change over time. As amended in the Assembly, this bill allows an individual to bring subsequent petitions to restore their right to possess firearms, but no sooner than five years from the date of the last petition.
- Amendments Taken in Assembly Public Safety Improved the Bill Significantly from a Constitutionality Perspective
The amendments taken in Assembly Public Safety did the following:
- Allow a person subject to a lifetime prohibition on firearm possession because of the provisions to bring subsequent petitions under this section to challenge the lifetime prohibition;
- Specify that a person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition;
- State a hearing on subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition and the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner;
- Strike the requirement that the individual must wait six months after discharge from the facility to file the petition; and,
- Limit the authorization for release of information to mental health records.
-- END –
www.sdap.org/downloads/research/criminal/mh.doc ↑
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Low)
As Amended Ver:April 9, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, Gonzalez Fletcher, Kiley, Quirk, Santiago | |
Appropriations | 15-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Requires that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period be prohibited from owning a firearm for the remainder of his or her life, subject to the right to challenge the prohibition at periodic hearings. Specifically, this bill:
- Specifies that a person who has been taken into custody, assessed, and admitted because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
- Allows a person admitted more than once within a one-year period because they were a danger to themselves or others, to request a court hearing on whether they would be likely to use firearms in a safe and lawful manner.
- Requires the District Attorney to bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, if a hearing has been requested.
- Specifies that if court finds that the people have met their burden to show by a preponderance of the evidence that a person is subject to a lifetime firearm prohibition because that person had been admitted to mental health facility, as specified, more than once within the previous one year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing.
- States that a person subject to a lifetime ban is entitled to bring subsequent petitions under this section. A person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person's last petition.
- Provides that a hearing on subsequent petitions will be conducted as described in this subdivision, with the exception that the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner and subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition.
- Requires that the form to request a hearing on the right to possess firearms include an authorization for the release of the person's medical and mental health records, upon request, to the appropriate court, solely for use in the hearing.
- Prohibits the mental health facility from submitting the hearing petition form on behalf of the individual.
- Extends the time for the court to set the hearing on restoration of right to possess firearms from within 30 days, to within 60 days of the filing of a petition.
- Authorizes a continuance of the hearing for 30 days on the restoration of right to possess firearms, upon a showing of good cause by the district attorney, an extension from the current continuance of 14 days.
EXISTING LAW:
- Prohibits firearm possession for an individual who has been adjudicated as a mental defective or who has been committed to a mental institution.
- States that no person who has been found, not guilty by reason of insanity of any crime other than those specified, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, as specified.
- Specifies that no person found by a court to be mentally incompetent to stand trial, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court.
- States that no person who has been placed under conservatorship by a court, as specified, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others.
- Specifies that a person who has been taken into custody on a 72 hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility.
- States that a person taken into custody on a 72 hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
- States that prior to, or concurrent with, the discharge, the facility shall inform a person that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
- Provides that a person subject to a 72 hour hold may make a single request for a hearing at any time during the five-year period.
- Specifies that within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court.
- States that he court shall set the hearing within 30 days of receipt of the request for a hearing.
- Provides that upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days.
- Specifies that the prosecution has the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.
- States that if the court finds that the people have not met their burden), the court shall order that the person shall not be subject to the five-year prohibition on the possession of firearms.
- No person who has been certified for intensive treatment as specified shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.
- Prior to, or concurrent with, the discharge of each person certified for intensive treatment the facility shall inform the person of their right to a hearing on right to possess firearms.
- Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment for up to three years in the county jail as, a realignment felony,or in a county jail for not more than one year, as a misdemeanor.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Significant costs (Dealers' Record of Sale Account) for the Department of Justice (DOJ) to implement the bill, make information technology changes, and hire additional staff to review records. Specifically, DOJ reports costs of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 in 2021-22 and ongoing.
- Unknown, potentially significant ongoing costs to the courts, likely in the hundreds of thousands of dollars, to handle more petitions to the extent someone subject to the lifetime firearms ban exercises his or her right to continue to petition the court to reinstate his or her right to own a firearm.
COMMENTS: According to the author, ''People at risk of harming themselves or others should not have easy access to firearms. Research shows that suicide with a firearm is the most common and by far the most lethal suicide method. Just having a firearm in the home is a strong predictor for gun suicide. AB 1968 tightens our laws to keep firearms out of the hands of people who may be suicidal or violent. Restricting their access to firearms could save lives.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003149
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1968
Author:(Low) – As Amended Ver:April 9, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill prohibits a person from owning a firearm for the remainder of his or her life if the person is taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, because of a mental health disorder, more than once within a one-year period. The prohibition is subject to the right to challenge the prohibition at periodic court hearings.
FISCAL EFFECT:
- Significant costs (Dealers’ Record of Sale Account) for the Department of Justice (DOJ) to implement the bill, make information technology changes, and hire additional staff to review records. Specifically, DOJ reports costs of $522,000 in 2018-19, $663,000 in 2019-20, $333,000 in 2020-21, and $238,000 in 2021-22 and ongoing.
- Unknown, potentially significant ongoing costs to the courts, likely in the hundreds of thousands of dollars, to handle more petitions to the extent someone subject to the lifetime firearms ban exercises his or her right to continue to petition the court to reinstate his or her right to own a firearm.
COMMENTS:
- Background. Current law specifies that a person who is admitted to a mental health facility because that person is a danger to himself, herself, or others shall not own or possess any firearm for a period of five years after the person is released from the facility. Individuals who are restricted from owning a firearm because of prior admittance to a mental health facility can petition a court to remove this restriction.
- Purpose. According to the author:
People at risk of harming themselves or others should not have easy access to firearms. Research shows that suicide with a firearm is the most common and by far the most lethal suicide method. Just having a firearm in the home is a strong predictor for gun suicide. AB 1968 tightens our laws to keep firearms out of the hands of people who may be suicidal or violent. Restricting their access to firearms could save lives.
- Related legislation.
AB 1927 (Bonta), of the current legislative session, requires DOJ to establish a voluntary “Do Not Sell” list to allow people to prohibit themselves from purchasing a firearm in the future. AB 1927 is on this committee’s suspense file.
AB 2888 (Ting), of the current legislative session, authorizes an employer, coworker, or mental health worker to file a petition for a gun violence restraining order for a person who poses a significant danger by possessing a firearm. AB 2888 is pending hearing in Assembly Public Safety Committee.
AB 3129 (Rubio), of the current legislative session, requires a lifetime firearm prohibition upon conviction of specified misdemeanors related to domestic violence. AB 3129 is pending hearing in Assembly Public Safety Committee.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1968
Author:(Low) – As Amended Ver:February 28, 2018
As Proposed to be Amended in Committee
SUMMARY:
Requires that a person who has been taken into custody, assessed, and admitted to a designated facility because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period be prohibited from owning a firearm for the remainder of his or her life, subject to the right to challenge the prohibition at periodic hearings. Specifically, this bill:
- Specifies that a person who has been taken into custody, assessed, and admitted because he or she is a danger to himself, herself, or others, as a result of a mental health disorder more than once within a one-year period shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.
- Allows a person admitted more than once within a one-year period because they were a danger to themselves or others, to request a court hearing on whether they would be likely to use firearms in a safe and lawful manner.
- Requires the District Attorney to bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, if a hearing has been requested.
- Specifies that if court finds that the people have met their burden to show by a preponderance of the evidence that a person is subject to a lifetime firearm prohibition because that person had been admitted to mental health facility, as specified, more than once within the previous one year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing.
- States that a person subject to a lifetime ban is entitled to bring subsequent petitions under this section. A person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition.
- Provides that a hearing on subsequent petitions will be conducted as described in this subdivision, with the exception that the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner and subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition.
- Requires that the form to request a hearing on the right to possess firearms include an authorization for the release of the person’s medical and mental health records, upon request, to the appropriate court, solely for use in the hearing.
- Prohibits the mental health facility from submitting the hearing petition form on behalf of the individual.
- Extends the time for the court to set the hearing on restoration of right to possess firearms from within 30 days, to within 60 days of the filing of a petition.
- Authorizes a continuance of the hearing for 30 days on the restoration of right to possess firearms, upon a showing of good cause by the district attorney, an extension from the current continuance of 14 days.
EXISTING LAW:
- Prohibits firearm possession for an individual who has been adjudicated as a mental defective or who has been committed to a mental institution. (18 USC 922, subd. (g)(4).)
- States that no person who has been found, not guilty by reason of insanity of any crime other than those specified, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, as specified. (Welf. and Inst. Code, 8103, subd (c)(1).)
- Specifies that no person found by a court to be mentally incompetent to stand trial, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court. (Welf. and Inst. Code, 8103, subd (d)(1).)
- States that no person who has been placed under conservatorship by a court, as specified, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall purchase or receive, or attempt to purchase or receive, or shall have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. (Welf. and Inst. Code, 8103, subd (e)(1).)
- Specifies that a person who has been taken into custody on a 72 hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welf. and Inst. Code, 8103, subd (f)(1).)
- States that a person taken into custody on a 72 hour hold may possess a firearm if the superior court has found that the people of the State of California have not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f).)
- States that prior to, or concurrent with, the discharge, the facility shall inform a person that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years. Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Where the person requests a hearing at the time of discharge, the facility shall forward the form to the superior court unless the person states that he or she will submit the form to the superior court.
- Provides that a person subject to a 72 hour hold may make a single request for a hearing at any time during the five-year period. (Welf. and Inst. Code, 8103, subd (f)(4).)
- Specifies that within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. (Welf. and Inst. Code, 8103, subd (f)(5).)
- States that he court shall set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
- Provides that upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 14 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. (Welf. and Inst. Code, 8103, subd (f)(5).)
- Specifies that the prosecution has the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, 8103, subd (f)(6).)
- States that if the court finds that the people have not met their burden), the court shall order that the person shall not be subject to the five-year prohibition on the possession of firearms. (Welf. and Inst. Code, 8103, subd (f)(7).)
- No person who has been certified for intensive treatment as specified shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years. (Welf. and Inst. Code, 8103, subd (g).)
- Prior to, or concurrent with, the discharge of each person certified for intensive treatment the facility shall inform the person of their right to a hearing on right to possess firearms. (Welf. and Inst. Code, 8103, subd (g)(3).)
- Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment for up to three years in the county jail as, a realignment felony, or in a county jail for not more than one year, as a misdemeanor. (Welf. and Inst. Code, 8103, subd (i).)
- States whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is otherwise prohibited from possessing a firearm as specified, is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. (Welf. and Inst. Code, § 8102, subd. (a).)
- Requires that firearms dealers obtain certain identifying information from firearms purchasers and forward that information, via electronic transfer to the Department of Justice (DOJ) to perform a background check on the purchaser to determine whether he or she is prohibited from possessing a firearm. (Pen. Code, § 28160-28220.)
- Specifies that the Attorney General maintains an online database known as the Armed Prohibited Persons File (APPS). The purpose of APPS is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. (Pen. Code, § 30000.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “People at risk of harming themselves or others should not have easy access to firearms. Research shows that suicide with a firearm is the most common and by far the most lethal suicide method. Just having a firearm in the home is a strong predictor for gun suicide. AB 1968 tightens our laws to keep firearms out of the hands of people who may be suicidal or violent. Restricting their access to firearms could save lives.”
- The Lanterman-Petris-Short Act (LPS Act): The LPS Act governs the involuntary treatment of the mentally ill in California. Enacted by the Legislature in 1967, the act includes among its goals ending the inappropriate and indefinite commitment of the mentally ill, providing prompt evaluation and treatment of persons with serious mental disorders, guaranteeing and protecting public safety, safeguarding the rights of the involuntarily committed through judicial review, and providing individualized treatment, supervision and placement services for the gravely disabled by means of a conservatorship program. (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1008-1009.) (www.sdap.org/downloads/research/criminal/mh.doc)
The LPS Act limits involuntary commitment to successive periods of increasingly longer duration, beginning with a 72-hour detention for evaluation and treatment (Welf. & Inst. Code, § 5150), which may be extended by certification for 14 days of intensive treatment (Welf. & Inst. Code, § 5250); that initial period may be extended for an additional 14 days if the person detained is suicidal. (Welf. & Inst. Code, § 5260.) In those counties that have elected to do so, the 14-day certification may be extended for an additional 30-day period for further intensive treatment. (Welf. & Inst. Code, § 5270.15.) Persons found to be imminently dangerous may be involuntarily committed for up to 180 days beyond the 14-day period. (Welf. & Inst. Code, § 5300.) After the initial 72-hour detention, the 14-day and 30-day commitments each require a certification hearing before an appointed hearing officer to determine probable cause for confinement unless the detainee has filed a petition for the writ of habeas corpus. (Welf. & Inst. Code, §§ 5256, 5256.1, 5262, 5270.15, 5275, 5276.) A 180-day commitment requires a superior court order. (Welf. & Inst. Code, § 5301.) (Id.)
The LPS Act also authorizes the appointment of a conservator for up to one year for a person determined to be gravely disabled as a result of a mental disorder and unable or unwilling to accept voluntary treatment. (Welf. & Inst. Code, § 5350.) The proposed conservatee is entitled to demand a jury trial on the issue of his or her grave disability, and has a right to counsel at trial, appointed if necessary. (Welf. & Inst. Code, §§ 5350, 5365.) (Id.)
- Existing Law on Welfare & Institutions (W&I) Code 5150 (72-hour hold) and Firearm Prohibition: Current law states that a person who has been taken into custody on a 72-hour hold because that person is a danger to himself, herself, or to others, assessed as specified, and admitted to a designated facility because that person is a danger to himself, herself, or others, shall not own or possess any firearm for a period of five years after the person is released from the facility. (Welfare and Inst. Code, 8103, subd (f)(1).)
The facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. The facility shall provide the person with a form for a request for a hearing. Upon filing of the petition, the court is required to set the hearing within 30 days of receipt of the request for a hearing. (Welf. and Inst. Code, 8103, subd (f)(5).)
Current law provides that a person subject to a 72-hour hold may make a single request for a hearing regarding their right to possess a firearm at any time during the five-year period. (Welf. and Inst. Code, § 8103, subd (f)(4).) Current law allows a person subject to a 72-hour hold to restore their right to possess a firearm if the superior court has found that the prosecution has not met their burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (Welf. and Inst. Code, § 8103, subd (f).)
This bill would mandate a lifetime firearm prohibition for individuals that have more than one W&I 5150s (72-hour hold) within a one year time period. An individual subject to a lifetime firearm prohibition because of the provisions in this bill would be entitled to a hearing. The prosecution would bear the burden to demonstrate that the individual showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. If a court upholds the lifetime firearm prohibition, the person would be entitled to subsequent petitions, but no sooner than five years from the date of the last petition. At any subsequent petition the person would bear the burden to establish that they were likely to use firearms in a safe and lawful manner. This bill would extend the time frame to set the hearing from 30 days to 60 days, and describes the time frame and limits for any continuances of the hearing.
- Constitutional Right to Possess Firearms: In June of 2008, the United States Supreme Court, in District of Columbia v. Heller (2008), 554 U.S. 570, 128 S. Ct. 2783, held that the Second Amendment of the United States Constitution, U.S. Const. Amend. II, confers an individual right to keep and bear arms, and guarantees the individual right to possess and carry weapons in case of confrontation, rejecting prior case law that had treated this right as a collective right of the people, assertable only in connection with the maintenance of a militia.
However, the Supreme Court stated that its opinion should not be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.
Subsequent to the Heller decision, the Fourth District Appellate Court upheld California’s current law regarding a 5 year prohibition on firearm possession for a person subject to a 72 hour hold. In People v. Jason K. (4th Dist. 2010), 188 Cal. App. 4th 1545.), the court upheld a court order precluding a defendant from possessing firearms pursuant to California state law barring possession of firearms by a person detained for a mental disorder, as it applied to an individual who had been detained for 72-hour psychiatric evaluation and then discharged, rejecting the detainee's argument that the state law was unconstitutional insofar as it permitted him to be deprived of his right to bear arms based on a showing by a preponderance of the evidence that he would not be likely to use firearms in a safe and lawful manner. The court noted that, as the Heller case indicated, this right is subject to the state's traditional authority to regulate firearm use by individuals who have a mental illness. The court also noted that the Heller decision had further explicitly recognized the problem of handgun violence and confirmed that the constitution leaves a variety of tools for combating that problem. The court concluded that although the preponderance of the evidence standard required the individual to share equally in the risk of an erroneous adjudication, this risk sharing was justified under circumstances where an individual exhibited a mental disorder sufficient to warrant hospitalization because of facts showing the individual might endanger himself or others.
In reaching its holding the court took note of the temporary nature (five years) of the deprivation of gun rights. The court stated, “When the gravity of the potential consequences of allowing possession of guns by an individual with a history of a manifested mental disturbance is balanced against the temporary deprivation of access to these weapons, the balance weighs in favor of permitting proof by a preponderance of the evidence. (Id. at 1557.)
This bill would provide for a permanent ban on firearm possession for an individual that has been held twice, or more, under a 72 hour hold, within a one year period. A lifetime ban raises due process questions as to whether or not a restriction to one opportunity to have a hearing is appropriate given that mental condition/status is something that can change over time. As proposed to be amended in committee, this bill would allow an individual to bring subsequent petitions to restore their right to possess firearms, but no sooner than five years from the date of the last petition.
- Amendments Proposed to be Adopted in Committee:
- Allow a person subject to a lifetime prohibition on firearm possession because of the provisions to bring subsequent petitions under this section to challenge the lifetime prohibition;
- Specify that a person cannot file a subsequent petition, and is not entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition;
- State a hearing on subsequent petitions must be filed in the same court of jurisdiction as the initial petition regarding the lifetime prohibition and the burden of proof is on the petitioner to establish by a preponderance of the evidence that the petitioner can use firearms in a safe and lawful manner;
- Strike the requirement that the individual must wait six months after discharge from the facility to file the petition; and,
- Limit the authorization for release of information to mental health records.
- Allow a person subject to a lifetime prohibition on firearm possession because of the provisions to bring subsequent petitions under this section to challenge the lifetime prohibition;
- Argument in Support: According to California District Attorneys Association, “Once the person files a petition, unlike in many states, California places the burden on the District Attorney to show that a person should not get their firearms back following a 5150 hold. As you know, there are several aspects of the current petition process that make it very challenging for a District Attorney to make an informed decision whether to challenge a person’s restoration petition.
“An additional concern with the filing of these petitions is that various facilities are filing these forms directly to the court, on behalf of the person being discharged. A person who is truly interested in obtaining the relief should be the one who files it with the court. In some instances, since the person did not file the petition, they don’t have information regarding the hearing date, time, etc.
“Once the petition is filed, the hearing must be set within 30 days. This presents a problem for the District Attorney, as our offices are required to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. Often, the District Attorney receives the notification several days after the hearing is set by the court, which cuts into the time needed to do adequate research as to how and why the person was referred to the mental health facility. Since the 5150 hold is a civil process, it’s possible that the first interaction the District Attorney would have with a person is when this petition is filed, and we are asked to respond. We then must process a subpoena duces tecum (SDT) for applicable medical and/or mental health/psychiatric records from the facility and obtain said records for the court from the treatment facility and any intermediate facilities involved in the ultimate referral to the treatment facility. Given the nature of the petition and the potential tragic consequences of acting without enough information, as well as the reality of resources for both the courts and District Attorney offices, we agree that the hearing should be set 60 days from receipt of the request.
“Even when we file a SDT, obtaining information from various entities as to whether or not they had any contact with the person related to the treatment is very challenging. Often, the person is seen by other agencies (i.e. crisis centers, Health and Social Services, another hospital, etc.) prior to being referred to a treatment facility. Many facilities ask if the person has signed a release of medical records, and some District Attorney offices have been told that Health Insurance Portability and Accountability (HIPAA) rules prevent these agencies from advising whether they have had any contact with the person prior to their referral to a treatment facility. Keep in mind, we are not asking for specific information regarding the incident, only if they had any W&I Code section 5150 contact with the person around a specific date. If they did, we could prepare an SDT for applicable records, as required.
“Since the individual is the one requesting the hearing, that alone should be their authorization for the release of requested medical and/or mental health/psychiatric records to the applicable agency for the sole purpose of the requested hearing.
“AB 1968 presents a comprehensive solution to these challenges and strikes an appropriate balance between individuals’ constitutional gun rights and the District Attorney’s need for appropriate access and time to gather information and make an informed decision whether to challenge a petition.”
- Argument in Opposition: According to California Psychiatric Association (CPA), “Psychiatrists regularly admit, treat and release patients in designated facilities because they are a danger to themselves, or to others, or gravely disabled. In fact there are over 100,000 such admissions in California each year. It is quite common for patients experiencing the early stages of an onset of a severe mental illness to require two or more hospitalizations within a very short time frame, certainly within a one year period. This bill seems to assume that two such episodes within the span of a year mean that the person will continue to be a danger to themselves or others over the course of their lifetime – an idea that is not supported by any clinical evidence.
“Further, the CPA is not aware of any problem with current law, which requires surrender of firearms for 5 years upon release from hospitalizations in circumstances as described above – a very substantial period during which they must demonstrate that they pose no further danger – and many do demonstrate this. This suggests that there is no need for AB 1968. Even if circumstances existed which would indicate that current law needed tweaking, a lifetime firearms ban is an extreme solution that seems to rest on false assumptions about the dangerousness of persons with mental disorders.
“In fact there is a cohort of patients with psychotic disorders who experience no more than two inpatient hospitalizations, frequently in rapid succession, and then are never hospitalized again – which means they are not threats to the community at large or to themselves – during the remainder of their lifetime. A lifetime weapons ban would be unfair to them. At the other extreme, there are serial inpatients who may experience as many as 60 or 70 hospitalizations in a lifetime. Each discharge from a hospitalization tolls another 5-year ban on weapons acquisition and possession which taken altogether result in a lifetime ban. This would be appropriate, rightfully protects the community, and is provided by current law.” - Related Legislation:
- AB 2888 (Ting ), would authorize an employer, a coworker, or a mental health worker to file a petition for gun violence restraining order for a person that poses a significant danger by possessing a firearm. AB 2888 is awaiting hearing in the Assembly Public Safety Committee.
- SB 1100 (Portantino), would limit purchases on long guns (rifles) to individuals who are 21 years of age, or older. SB 1100 is pending referral from the Senate Rules Committee.
- AB 3129 (Rubio), would require a lifetime firearm prohibition upon conviction for specified misdemeanors, related to domestic violence. AB 3129 is awaiting hearing in the Assembly Public Safety Committee.
- AB 2888 (Ting ), would authorize an employer, a coworker, or a mental health worker to file a petition for gun violence restraining order for a person that poses a significant danger by possessing a firearm. AB 2888 is awaiting hearing in the Assembly Public Safety Committee.
- Prior Legislation:
- SB 755 (Wolk) of the 2013-2014 Legislative Session would have prohibited a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. SB 755 was vetoed by the Governor.
- AB 1014 (Skinner), Chapter 872, Statutes of 2014, authorized a law enforcement officer or immediate family member of a person, to seek, and a court to issue, a gun violence restraining order, as specified, prohibiting a person from having in his/her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as specified.
- AB 1131 (Skinner), Chapter 747, Statutes of 2013, increased the period of time that a person is prohibited from possessing a firearm based on a mental illness or mental disorder or a serious threat of violence communicated to a licensed psychotherapist.
- AB 1084 (Melendez), of the 2013-2014 Legislative Session would have increased the penalties to 2, 3, or 4 years in the state prison when an individual possesses a gun, who has been prohibited from gun possession because the person has been held for specified mental health findings. AB 1084 failed passage in the Assembly Public Safety Committee.
- SB 755 (Wolk) of the 2013-2014 Legislative Session would have prohibited a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. SB 755 was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association (Sponsor)
California Association of Psychiatric Technicians
California Federation of Teachers
California Psychological Association
California State Sheriffs’ Association
Peace Officers Research Association
Opposition
American Civil Liberties Union of California
California Psychiatric Association
Disability Rights California
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Discussed in Hearing
49SEC
Assembly Floor
3MIN
Senate Floor
1H
Senate Standing Committee on Appropriations
20MIN
Senate Standing Committee on Public Safety
7MIN
Assembly Floor
15MIN
Assembly Standing Committee on Public Safety
Bill Author
