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CA AB1968

Bill

Status

Passed

9/28/2018

Primary Sponsor

Evan Low

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Persons admitted to designated mental health facilities for danger to self or others receive a lifetime firearm prohibition if they were previously admitted one or more times within the preceding one-year period, instead of the standard 5-year prohibition.

  • Court hearings for firearm prohibition relief extend from 30 days to 60 days, with district attorney continuances increased from 14 days to 30 days (total continuance time capped at 60 days).

  • Persons subject to lifetime firearm prohibitions may file subsequent petitions for relief no sooner than every 5 years, with the burden of proof shifting to the petitioner to demonstrate safe and lawful firearm use.

  • Department of Justice must update the "Patient Notification of Firearm Prohibition and Right to Hearing Form" to include authorization for release of mental health records to the district attorney for hearings, and distribute updated forms to facilities by January 1, 2020.

  • Facilities may no longer submit hearing request forms on behalf of patients; persons subject to firearm prohibitions must submit their own requests to the court.

Legislative Description

Mental health: firearms.

Last Action

Chaptered by Secretary of State - Chapter 861, Statutes of 2018.

9/28/2018

Committee Referrals

Appropriations6/20/2018
Public Safety6/7/2018
Rules5/30/2018
Appropriations4/5/2018
Public Safety2/8/2018

Full Bill Text

No bill text available