AB 1968: Mental health: firearms.

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.