California AB 1968: Mental health: firearms.

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 |Add To My Favorites | Version: 09/28/18 - Chaptered
 08/29/18 - Enrolled
 08/17/18 - Amended Senate
 04/09/18 - Amended Assembly
 02/28/18 - Amended Assembly
 01/31/18 - Introduced

 AB-1968 Mental health: firearms.(2017-2018)

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 Date Published: 09/28/2018 09:00 PM

AB1968:v94#DOCUMENTBill Start

 Assembly Bill

 No. 1968

 CHAPTER 861

 An act to amend, repeal, and add Section 8103 of the Welfare and Institutions Code, relating to firearms. 

 [
 Approved by

 Governor
 September 28, 2018.

 Filed with

 Secretary of State
 September 28, 2018.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1968, Low.
 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 person’s 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 bil