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Bill > AB1296


CA AB1296

CA AB1296
Firearms: mentally disordered persons.


summary

Introduced
02/22/2013
In Committee
05/01/2013
Crossed Over
Passed
Dead
11/30/2014

Introduced Session

2013-2014 Regular Session

Bill Summary

An act to amend Sections 8100, 8103, 8104, and 8105 of the Welfare and Institutions Code, relating to firearms.

AI Summary

This bill amends existing California law concerning firearm restrictions for individuals with mental health issues, primarily by extending the duration of these restrictions and clarifying reporting procedures. Specifically, it increases the firearm prohibition period for individuals who communicate a serious threat of violence to a psychotherapist from six months to five years, and for those involuntarily admitted to a mental health facility due to being a danger to themselves or others, it extends the prohibition from five years to 10 years. The bill also mandates that certain reports and notifications to the Department of Justice (DOJ) regarding these prohibitions be submitted electronically and within 24 hours, referred to as "immediately," and clarifies the burden of proof in court hearings where individuals petition to regain firearm rights, placing it on the state to demonstrate they are likely to use firearms unsafely. Additionally, it updates language regarding the types of mental health adjudications and commitments that trigger firearm prohibitions and streamlines the process for the State Department of State Hospitals to provide necessary records to the DOJ in an electronic format within 24 hours of a request.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (on 02/03/2014)

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