CA SB 1002

Title: Firearms: prohibited persons.
Author: Catherine S. Blakespear

Summary
SB 1002, as amended, Blakespear. Firearms: prohibited persons. Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm for a period of 5 years after the person is released from the facility or for the remainder of their life if the person has previously been taken into custody, assessed, and admitted one or more times within a period of one year preceding the most recent admittance. Existing law requires the facility to submit a report to 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. Existing law allows a person who is prohibited from owning a firearm pursuant to these provisions to request the court for a hearing to reinstate the person’s right to own a firearm, and requires the facility to provide a person subject to the prohibition with the “Patient Notification of Firearm Prohibition and Right to Hearing Form” informing the person of the firearm prohibition and their right to request a hearing.This bill would, among other things, instead require the 5-year prohibition to commence on the date that the facility makes the above-described report to the Department of Justice and would require the Department of Justice to, within 7 days of receipt of the report from the facility, notify a person subject to the above-described provisions of the prohibition and their right to request a hearing to reinstate their right to own a firearm, other deadly weapon, ammunition, or firearm magazine. The bill would require a person subject to the prohibition to relinquish a firearm, other deadly weapon, ammunition, or firearm magazine they own, possess, or control within 72 hours of discharge from a facility, as specified, and would require the “Patient Notification of Firearm Prohibition and Right to Hearing Form” to include information on the relinquishment requirement. The bill would also make technical changes.Existing law also prohibits a person who has been found not guilty by reason of insanity of specified crimes and a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of a firearm or any other deadly weapon. A violation of this prohibition is a crime.This bill would expand that prohibition to also prohibit the ownership, possession, custody, or control of ammunition or a firearm magazine. The bill would require the court to inform the above-described persons, and their conservator, if applicable, of how the person may relinquish a firearm, other deadly weapon, ammunition, or firearm magazine in the person’s possession, custody, or control according to local procedure and the process for submitting a receipt to the court to show proof of relinquishment. By expanding the application of an existing crime, this bill would impose a state-mandated local program.Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized include a firearm or other deadly weapon that is owned by, in the possession of, or in the custody or control of specified individuals.This bill would additionally authorize a search warrant to be issued on the grounds that the property to be seized i

Status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 19). Re-referred to Com. on APPR.

Bill Documents
CA SB 1002 - 03/11/24 - Amended Senate
03/11/24 - CA SB 1002 (03/11/24 - Amended Senate)