Amended in Assembly May 24, 2013

Amended in Assembly May 7, 2013

Amended in Assembly April 4, 2013

Amended in Assembly February 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 48


Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Alejo, Ammiano, Bloom, Bonta, Ting, and Williams)

(Coauthors: Senators De León and Hancock)

December 20, 2012


An act to amend Sections 16740, 16890, 32310, and 32390 of, and to add Sectionsbegin delete 16151,end delete 16740.5,begin delete 30301, 30302, 30302.5, 30303, 30304,end deletebegin insert 30327,end insert and 32311 to, the Penal Code,begin insert and to amend Sections 8100, 8102, 8103, 8104, and 8105 of the Welfare and Institutions Code,end insert relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 48, as amended, Skinner. Firearms: ammunition: sales.

(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds.

This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would revise the definition of “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, including a disassembled large-capacity magazine that is readily restorable, as defined, to accommodate more than 10 rounds of ammunition, and an oversize magazine body that appears to hold in excess of 10 rounds but has not been permanently altered to only accommodate 10 rounds of ammunition or less. The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated local program.

(2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment.

begin delete

This bill would require the Department of Justice to keep a centralized list of licensed ammunition vendors who meet certain specified requirements. The bill would require anyone in the state, prior to selling or otherwise transferring ownership of any ammunition to an individual or business entity in this state or any other state, to be an ammunition vendor, defined as a person who is currently on the centralized list of ammunition vendors, to require proper identification, as prescribed, and to report the sales to the Department of Justice. An individual who violates these provisions would be guilty of a crime, and the ammunition vendor would be subject to an administrative enforcement action by the department to remove the vendor from the centralized list of ammunition vendors. This bill would exempt an individual in the state who sells, transfers, or furnishes ammunition to certain specified law enforcement individuals from those identification and reporting requirements. By creating a new crime, this bill would impose a state-mandated local program.

end delete
begin delete

The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more than 3,000 rounds within a 5-day period.

end delete
begin delete

The bill would allow a person to request a license from the Department of Justice to be an ammunition vendor, would require the department to conduct a background check to determine if the applicant is prohibited by state or federal law from possessing a firearm, and would require the department to issue a license to be an ammunition vendor to an applicant if the applicant is not prohibited. The bill would require the department to adopt regulations to recover the costs of administering the program by imposing a fee on applicants.

end delete
begin delete

The bill would require the department to create the California Ammunition Database, and would require the department to cross-reference specified information about ammunition purchasers provided by licensed ammunition vendors with the Prohibited Armed Persons File. If the ammunition vendor failed to report that information, the bill would authorize an administrative enforcement action against the vendor by the department. The bill would make these provisions and the above reporting requirements regarding the sale of ammunition operative upon the creation of the California Ammunition Database by the department. The bill would require the department to adopt regulations and to recover costs of administering the program by imposing a fee on ammunition dealers.

end delete
begin delete

(3) 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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete
begin insert

This bill would require the Department of Justice to alert local law enforcement entities in the city, county, or city and county in which a purchaser resides if the purchaser obtains more than 3,000 rounds of ammunition within a 5-day period, as specified. The bill would -make this provision operative only if Senate Bill 53 of the 2013-14 Regular Session is enacted and becomes operative.

end insert
begin insert

(3) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Under existing law, a violation of this provision is a crime. Existing law allows a person subject to these provisions to petition the superior court of his or her county for an order that he or she may possess a firearm, as provided.

end insert
begin insert

This bill would increase the prohibitory period from 6 months to 5 years. By increasing the scope of an existing crime, this bill would impose a state-mandated local program. This bill would revise the provisions allowing a person to petition the court for an order that he or she may possess a firearm to conform with other provisions of existing law.

end insert
begin insert

(4) Existing law requires that if a person who has been detained or apprehended for examination of his or her mental condition, or who is a mentally ill individual prohibited from possessing firearms, is found to own or possess a firearm, a law enforcement agency or peace officer is required to confiscate the firearm. Existing law requires the peace officer or law enforcement agency, upon confiscation of that firearm from a person who has been detained or apprehended for examination of his or her mental condition, to notify the person of the procedure for the return of the firearm.

end insert
begin insert

Existing law prescribes specified requirements that govern the return of confiscated firearms in the custody or control of a court or law enforcement agency. Under these provisions of law, a person who wishes to have the firearm returned is required to submit a specified application and fee to the Department of Justice, and to meet specified criteria.

end insert
begin insert

This bill would apply these requirements to persons who have been detained or apprehended for examination and mentally ill individuals who are prohibited from possessing firearms who have had their firearms confiscated. By creating new notification duties for peace officers and law enforcement agencies, this bill would impose a state-mandated local program.

end insert
begin insert

(5) Existing law requires reports to be submitted immediately to the Department of Justice in connection with mentally ill individuals who are prohibited from possessing firearms and dangerous weapons.

end insert
begin insert

This bill would specify that, for these purposes, “immediately” means a period of time not exceeding 24 hours. The bill would require notices and reports submitted to the Department of Justice in connection with these provisions to be submitted in an electronic format, in a manner prescribed by the Department of Justice.

end insert
begin insert

(6) Existing law requires the State Department of State Hospitals to maintain records in its possession that are necessary to identify persons who come within the prohibition on possessing firearms due to mental illness and requires the State Department of State Hospitals to make these records available to the Department of Justice upon request.

end insert
begin insert

This bill would require the State Department of State Hospitals to make these records available to the Department of Justice in electronic format, within 24 hours of receiving the request.

end insert
begin insert

(7) 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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin deleteP5    1

SECTION 1.  

Section 16151 is added to the Penal Code, to
2read:

3

16151.  

“Ammunition vendor” means any person who is
4currently recorded on the centralized list of ammunition vendors
5compiled by the Department of Justice pursuant to Section 30302.5.

end delete
6

begin deleteSEC. 2.end delete
7begin insertSECTION 1.end insert  

Section 16740 of the Penal Code is amended to
8read:

9

16740.  

(a) As used in this part, “large-capacity magazine”
10means any ammunition feeding device with the capacity to accept
11more than 10 rounds, including, but not limited to, a disassembled
12large-capacity magazine that is readily restorable to accommodate
13more than 10 rounds of ammunition, and an oversize magazine
14body that appears to hold in excess of 10 rounds but has not been
15permanently altered to only accommodate 10 rounds of ammunition
P6    1or less. A magazine body is not a large-capacity magazine if it is
2only of sufficient size to accommodate 10 or fewer rounds of
3ammunition and the internal working parts of the magazine,
4including the follower and spring.

5(b) As used in this part, “readily restorable” includes all of the
6magazine parts of a fully functioning large-capacity magazine,
7including, but not limited to, the body, spring, follower, and floor
8plate or end plate, under the custody and control of an individual
9or individuals that can be assembled into a complete magazine.

10

begin deleteSEC. 3.end delete
11begin insertSEC. 2.end insert  

Section 16740.5 is added to the Penal Code, to read:

12

16740.5.  

As used in this part, a “large-capacity magazine” shall
13not be construed to include any of the following:

14(a) A .22 caliber tube ammunition feeding device.

15(b) A tubular magazine that is contained in a lever-action
16firearm.

17

begin deleteSEC. 4.end delete
18begin insertSEC. 3.end insert  

Section 16890 of the Penal Code is amended to read:

19

16890.  

As used in Section 16150, 16740, or 30515, “magazine”
20means any ammunition feeding device, including a disassembled
21magazine that is readily restorable to be an ammunition feeding
22device. For purposes of this section, “readily restorable” means
23all of the parts of a large-capacity magazine, including, but not
24limited to, the body, spring, follower, and floor plate or end plate,
25under the custody and control of an individual or individuals that
26can be assembled as a fully functioning magazine.

begin delete
27

SEC. 5.  

Section 30301 is added to the Penal Code, to read:

28

30301.  

(a) Anyone in this state, prior to selling, transferring,
29or otherwise furnishing ammunition to an individual or business
30entity in this state or any other state, shall do all of the following:

31(1) Be an ammunition vendor as defined in Section 16151.

32(2) Require proper identification from the purchaser in the form
33of a driver’s license or other photographic identification issued by
34a state or the federal government.

35(3) Submit a report to the Department of Justice for all of the
36transactions, in a manner to be determined by the department.

37(b) The Department of Justice shall alert local law enforcement
38entities in the city, county, or city and county in which the
39purchaser resides if the purchaser obtains more than 3,000 rounds
40within a five-day period and the purchaser is not an ammunition
P7    1 vendor. The department is not required to alert local law
2enforcement of sales of ammunition made to peace officers.

3(c) (1) A violation of this section shall be punished by
4imprisonment in a county jail not exceeding six months, by a fine
5not exceeding five thousand dollars ($5,000), or by both the fine
6and imprisonment, and the ammunition vendor is subject to an
7administrative enforcement action by the department to remove
8the ammunition vendor from the centralized list of ammunition
9vendors.

10(2) Any individual who has previously been convicted of a
11violation of paragraph (1) shall, upon a subsequent conviction
12thereof, be punished by imprisonment pursuant to subdivision (h)
13of Section 1170 of the Penal Code, or by imprisonment in a county
14jail not exceeding one year, by a fine not exceeding one hundred
15thousand dollars ($100,000), or by both the fine and imprisonment.

16(d) Subdivisions (a), (b), and (c) do not apply to or affect the
17sale, delivery, or transfer of ammunition to any of the following:

18(1) An authorized law enforcement representative of a city,
19county, city and county, or state or federal government, if the sale,
20delivery, or transfer is for the exclusive use by that government
21agency and, prior to the sale, delivery, or transfer of the
22ammunition, written authorization from the head of the agency
23employing the purchaser or transferee is obtained identifying the
24employee as an individual authorized to conduct the transaction,
25and authorizing the transaction for the exclusive use of the agency
26employing the individual.

27(2) A sworn peace officer, as defined in Chapter 4.5
28(commencing with Section 830) of Title 3 of Part 2 who is
29authorized to carry a firearm in the course and scope of his or her
30duties.

31

SEC. 6.  

Section 30302 is added to the Penal Code, to read:

32

30302.  

(a) A person may request a license from the Department
33of Justice to be an ammunition vendor.

34(b) The Department of Justice shall examine its records in order
35to determine if the applicant is prohibited by state or federal law
36from possessing, receiving, owning, or purchasing a firearm.

37(c) The department shall issue a license to be an ammunition
38vendor to an applicant if the department’s records indicate that the
39applicant is not a person who is prohibited by state or federal law
P8    1from possessing firearms and the applicant complies with the
2requirements of subdivision (b) of Section 30302.5.

3(d) The department shall adopt regulations to administer this
4program and shall recover the reasonable costs of administering
5and enforcing this program, by imposing fees assessed to applicants
6who apply for those licenses.

7(e) All funds collected shall be deposited in the Ammunition
8Vendor Fund, which is hereby created.

9

SEC. 7.  

Section 30302.5 is added to the Penal Code, to read:

10

30302.5.  

(a) Except as otherwise provided in subdivisions (c),
11(d), and (e), the Department of Justice shall keep a centralized list
12of ammunition vendors licensed pursuant to Section 30302.

13(b) In order to be listed as an ammunition vendor on the
14centralized list of ammunition vendors, a person shall satisfy all
15of the following requirements:

16(1) Meet at least one of the following criteria:

17(A) Be recorded on the centralized list of licensed firearms
18dealers specified in Section 26715.

19(B) Be recorded on the centralized list of licensed firearms
20 manufacturers specified in Section 29060.

21(C) Have a certificate of eligibility issued by the Department
22of Justice pursuant to Section 26710.

23(2) Have any regulatory or business license, or licenses, required
24by local government.

25(3) Have a valid seller’s permit issued by the State Board of
26Equalization.

27(4) Have payed the annual fee established by the department
28pursuant to subdivision (d) of Section 30302.

29(c) The department may remove from the centralized list any
30person who knowingly or with gross negligence violates a
31provision of Section 30301.

32(d) The department shall remove from the centralized list any
33person who does not satisfy the requirements of subdivision (b).

34(e) Upon removal of a vendor from the list, notification shall
35be provided to local law enforcement and licensing authorities in
36the jurisdiction where the vendor’s business is located.

37(f) Information compiled from the centralized list shall only be
38made available, upon request, for law enforcement purposes.

39

SEC. 8.  

Section 30303 is added to the Penal Code, to read:

P9    1

30303.  

(a) The Department of Justice shall create the California
2Ammunition Database.

3(b) Ammunition vendors shall collect each ammunition
4purchaser’s name, date of birth, address, and the number of rounds
5of ammunition to be sold, transferred, or furnished, and report that
6information electronically to the Department of Justice. An
7ammunition vendor who fails to report that information
8electronically to the department is subject to an administrative
9enforcement action by the department to revoke or suspend the
10vendor’s license to sell ammunition.

11(c) Upon receipt of the information described in subdivision
12(b), the Department of Justice shall immediately cross-reference
13the purchaser’s information with the Prohibited Armed Persons
14File. If a purchaser’s name appears in the Prohibited Armed
15Persons File, the Department of Justice shall forward that
16individual’s information to local law enforcement through a secure
17means.

18(d) This section and the reporting requirement in Section 30301
19shall not become effective until the Department of Justice creates
20the California Ammunition Database, which shall occur on or
21before January 1, 2016.

22(e) The department shall adopt regulations to administer this
23program, and shall recover the reasonable costs of administering
24and enforcing this program by imposing fees assessed to
25ammunition vendors based upon the number of rounds of
26ammunition sold or transferred to the ammunition purchaser.

27(f) For purposes of this section, an “ammunition purchaser”
28includes any individual who receives ammunition, whether by sale
29or transfer, or is otherwise furnished with ammunition. An
30ammunition purchaser does not include any individual or entity
31described in subdivision (d) of Section 30301.

32

SEC. 9.  

Section 30304 is added to the Penal Code, to read:

33

30304.  

For purposes of Sections 30301, 30302, 30302.5, and
3430303, “ammunition” does not include blanks.

end delete
35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 30327 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
36

begin insert30327.end insert  

The Department of Justice shall alert local law
37enforcement entities in the city, county, or city and county in which
38the purchaser resides if the purchaser obtains more than 3,000
39rounds of ammunition within a five-day period and the purchaser
40is an individual and not an ammunition vendor. The department
P10   1is not required to alert local law enforcement of sales of
2ammunition made to peace officers.

end insert
3

begin deleteSEC. 10.end delete
4begin insertSEC. 5.end insert  

Section 32310 of the Penal Code is amended to read:

5

32310.  

(a) Except as provided in Article 2 (commencing with
6Section 32400) of this chapter and in Chapter 1 (commencing with
7Section 17700) of Division 2 of Title 2, commencing January 1,
82000, any person in this state who manufactures or causes to be
9manufactured, imports into the state, keeps for sale, or offers or
10exposes for sale, or who gives, lends, buys, or receives any
11large-capacity magazine is punishable by imprisonment in a county
12jail not exceeding one year or imprisonment pursuant to subdivision
13(h) of Section 1170.

14(b) For purposes of this section, “manufacturing” includes both
15fabricating a magazine and assembling a magazine from a
16combination of parts, including, but not limited to, the body, spring,
17follower, and floor plate or end plate, to be a fully functioning
18large-capacity magazine.

19

begin deleteSEC. 11.end delete
20begin insertSEC. 6.end insert  

Section 32311 is added to the Penal Code, to read:

21

32311.  

Except as provided in Article 2 (commencing with
22Section 32400) of this chapter and in Chapter 1 (commencing with
23Section 17700) of Division 2 of Title 2, commencing January 1,
242014, any person in this state who knowingly manufactures or
25causes to be manufactured, imports into the state, keeps for sale,
26or offers or exposes for sale, or who gives, lends, buys, or receives
27any device or combination of the parts of a fully functioning
28large-capacity magazine, including, but not limited to, the body,
29spring, follower, and floor plate or end plate, capable of converting
30an ammunition feeding device into a large-capacity magazine is
31punishable by a fine of not more than one thousand dollars ($1,000)
32or imprisonment in a county jail not to exceed six months, or by
33both that fine and imprisonment.

34

begin deleteSEC. 12.end delete
35begin insertSEC. 7.end insert  

Section 32390 of the Penal Code is amended to read:

36

32390.  

(a) Except as provided in Article 2 (commencing with
37Section 32400) of this chapter and in Chapter 1 (commencing with
38Section 17700) of Division 2 of Title 2, and in subdivision (b),
39any large-capacity magazine is a nuisance and is subject to Section
4018010.

P11   1(b) Subdivision (a) does not apply to the possession of a readily
2restorable disassembled large-capacity magazine or an oversize
3magazine body that has been permanently altered so that the
4magazine cannot accommodate more than 10 rounds by a person
5who lawfully possessed the magazine prior to January 1, 2014.

6begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 8100 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
7amended to read:end insert

8

8100.  

(a) A person shall not have in his or her possession or
9under his or her custody or control, or purchase or receive, or
10attempt to purchase or receive, any firearms whatsoever or any
11other deadly weapon, if on or after January 1, 1992, he or she has
12been admitted to a facility and is receiving inpatient treatment and,
13in the opinion of the attending health professional who is primarily
14responsible for the patient’s treatment of a mental disorder, is a
15danger to self or others, as specified by Section 5150, 5250, or
165300, even though the patient has consented to that treatment. A
17person is not subject to this subdivision once he or she is discharged
18from the facility.

19(b) (1) A person shall not have in his or her possession or under
20his or her custody or control, or purchase or receive, or attempt to
21purchase or receive, any firearms whatsoever or any other deadly
22weapon for a period ofbegin delete six monthsend deletebegin insert five yearsend insert whenever, on or after
23January 1,begin delete 1992end deletebegin insert 2014end insert, he or she communicates to a licensed
24psychotherapist, as defined in subdivisions (a) to (e), inclusive, of
25Section 1010 of the Evidence Code, a serious threat of physical
26violence against a reasonably identifiable victim or victims. The
27begin delete six-monthend deletebegin insert five-yearend insert period shall commence from the date that the
28licensed psychotherapist reports to the local law enforcement
29agency the identity of the person making the communication. The
30prohibition provided for in this subdivision shall not apply unless
31the licensed psychotherapist notifies a local law enforcement
32agency of the threat by that person. The person, however, may
33own, possess, have custody or control over, or receive or purchase
34any firearm if a superior court, pursuant to paragraph (3) and upon
35petition of the person, has found, by a preponderance of the
36evidence, that the person is likely to use firearms or other deadly
37weapons in a safe and lawful manner.

38(2) Upon receipt of the report from the local law enforcement
39agency pursuant to subdivision (c) of Section 8105, the Department
P12   1of Justice shall notify by certified mail, return receipt requested,
2a person subject to this subdivision of the following:

3(A) That he or she is prohibited from possessing, having custody
4or control over, receiving, or purchasing any firearm or other
5deadly weapon for a period ofbegin delete six monthsend deletebegin insert five yearsend insert commencing
6from the date that the licensed psychotherapist reports to the local
7law enforcement agency the identity of the person making the
8communication. The notice shall state the date when the prohibition
9commences and ends.

10(B) That he or she may petition a court, as provided in this
11subdivision, for an order permitting the person to own, possess,
12control, receive, or purchase a firearm.

13(3) begin insert(A)end insertbegin insertend insert Any person who is subject to paragraph (1) may petition
14the superior court of his or her county of residence for an order
15that he or she may own, possess, have custody or control over,
16receive, or purchase firearms. At the time the petition is filed, the
17clerk of the court shall set a hearing date and notify the person,
18the Department of Justice, and the district attorney. The people of
19the State of California shall be the respondent in the proceeding
20and shall be represented by the district attorney. Upon motion of
21the district attorney, or upon its own motion, the superior court
22may transfer the petition to the county in which the person resided
23at the time of the statements, or the county in which the person
24made the statements. Within seven days after receiving notice of
25the petition, the Department of Justice shall file copies of the
26reports described in Section 8105 with the superior court. The
27reports shall be disclosed upon request to the person and to the
28 district attorney. The district attorney shall be entitled to a
29continuance of the hearing to a date of not less than 14 days after
30the district attorney is notified of the hearing date by the clerk of
31the court. The court, upon motion of the petitioner establishing
32that confidential information is likely to be discussed during the
33hearing that would cause harm to the person, shall conduct the
34hearing in camera with only the relevant parties present, unless
35the court finds that the public interest would be better served by
36conducting the hearing in public. Notwithstanding any other
37provision of law, declarations, police reports, including criminal
38history information, and any other material and relevant evidence
39that is not excluded under Section 352 of the Evidence Code, shall
40be admissible at the hearing under this paragraph. begin delete If the court finds
P13   1by a preponderance of the evidence that the person would be likely
2to use firearms in a safe and lawful manner, the court shall order
3that the person may have custody or control over, receive, possess,
4or purchase firearms. A copy of the order shall be submitted to the
5Department of Justice. Upon receipt of the order, the department
6shall delete any reference to the prohibition against firearms from
7the person’s state summary criminal history information.end delete

begin insert

8(B) The people shall bear the burden of showing by a
9preponderance of the evidence that the person would not be likely
10to use firearms in a safe and lawful manner.

end insert
begin insert

11(C) If the court finds at the hearing that the people have not met
12their burden as set forth in subparagraph (B), the court shall order
13that the person shall not be subject to the five-year prohibition in
14this section on the ownership, control, receipt, possession, or
15purchase of firearms, and that person shall comply with the
16procedure described in Chapter 2 (commencing with Section
1733850) of Division 11 of Title 4 of Part 6 of the Penal Code for
18the return of any firearms. A copy of the order shall be submitted
19to the Department of Justice. Upon receipt of the order, the
20Department of Justice shall delete any reference to the prohibition
21against firearms from the person’s state mental health firearms
22prohibition system information.

end insert
begin insert

23(D) Where the district attorney declines or fails to go forward
24in the hearing, the court shall order that the person shall not be
25subject to the five-year prohibition required by this subdivision
26on the ownership, control, receipt, possession, or purchase of
27firearms, and that person shall comply with the procedure
28described in Chapter 2 (commencing with Section 33850) of
29Division 11 of Title 4 of Part 6 of the Penal Code for the return
30of any firearms. A copy of the order shall be submitted to the
31Department of Justice. Upon receipt of the order, the Department
32of Justice shall, within 15 days, delete any reference to the
33prohibition against firearms from the person’s state mental health
34firearms prohibition system information.

end insert
begin insert

35(E) Nothing in this subdivision shall prohibit the use of reports
36filed pursuant to this section to determine the eligibility of persons
37to own, possess, control, receive, or purchase a firearm if the
38person is the subject of a criminal investigation, a part of which
39involves the ownership, possession, control, receipt, or purchase
40of a firearm.

end insert

P14   1(c) “Discharge,” for the purposes of this section, does not include
2a leave of absence from a facility.

3(d) “Attending health care professional,” as used in this section,
4means the licensed health care professional primarily responsible
5for the person’s treatment who is qualified to make the decision
6that the person has a mental disorder and has probable cause to
7believe that the person is a danger to self or others.

8(e) “Deadly weapon,” as used in this section and in Sections
98101, 8102, and 8103, means any weapon, the possession or
10concealed carrying of which is prohibited by any provision listed
11in Section 16590 of the Penal Code.

12(f) “Danger to self,” as used in subdivision (a), means a
13voluntary person who has made a serious threat of, or attempted,
14suicide with the use of a firearm or other deadly weapon.

15(g) A violation of subdivision (a) of, or paragraph (1) of
16subdivision (b) of, this section shall be a public offense, punishable
17by imprisonment pursuant to subdivision (h) of Section 1170 of
18the Penal Code, or in a county jail for not more than one year, by
19a fine not exceeding one thousand dollars ($1,000), or by both that
20imprisonment and fine.

21(h) The prohibitions set forth in this section shall be in addition
22to those set forth in Section 8103.

23(i) Any person admitted and receiving treatment prior to January
241, 1992, shall be governed by this section, as amended by Chapter
251090 of the Statutes of 1990, until discharged from the facility.

26begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8102 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
27amended to read:end insert

28

8102.  

(a) Whenever a person, who has been detained or
29apprehended for examination of his or her mental condition or
30who is a person described in Section 8100 or 8103, is found to
31own, have in his or her possession or under his or her control, any
32firearm whatsoever, or any other deadly weapon, the firearm or
33other deadly weapon shall be confiscated by any law enforcement
34agency or peace officer, who shall retain custody of the firearm
35or other deadly weapon.

36“Deadly weapon,” as used in this section, has the meaning
37prescribed by Section 8100.

38(b) begin insert(1)end insertbegin insertend insert Upon confiscation of any firearm or other deadly
39weapon from a person who has been detained or apprehended for
40examination of his or her mental condition, the peace officer or
P15   1law enforcement agency shall notify the person of the procedure
2for the return of any firearm or other deadly weapon which has
3been confiscated.

begin delete

4Where

end delete

5begin insert(2)end insertbegin insertend insertbegin insertWhereend insert the person is released, the professional person in
6charge of the facility, or his or her designee, shall notify the person
7of the procedure for the return of any firearm or other deadly
8weapon which may have been confiscated.

begin delete

9Health

end delete

10begin insert (3)end insertbegin insertend insertbegin insertHealthend insert facility personnel shall notify the confiscating law
11enforcement agency upon release of the detained person, and shall
12make a notation to the effect that the facility provided the required
13notice to the person regarding the procedure to obtain return of
14any confiscated firearm.

begin insert

15(4) For purposes of this subdivision, the procedure for the return
16of confiscated firearms includes the procedures described in this
17section and the procedures described in Chapter 2 (commencing
18with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
19Code.

end insert

20(c) Upon the release of a person as described in subdivision (b),
21the confiscating law enforcement agency shall have 30 days to
22initiate a petition in the superior court for a hearing to determine
23whether the return of a firearm or other deadly weapon would be
24likely to result in endangering the person or others, and to send a
25notice advising the person of his or her right to a hearing on this
26issue. The law enforcement agency may make an ex parte
27application stating good cause for an order extending the time to
28file a petition. Including any extension of time granted in response
29to an ex parte request, a petition must be filed within 60 days of
30the release of the person from a health facility.

31(d) If the law enforcement agency does not initiate proceedings
32within the 30-day period, or the period of time authorized by the
33court in an ex parte order issued pursuant to subdivision (c), it
34shall make the weapon available for returnbegin insert upon compliance with
35all applicable requirements, including the requirements specified
36in Chapter 2 (commencing with Section 33850) of Division 11 of
37Title 4 of Part 6 of the Penal Codeend insert
.

38(e) The law enforcement agency shall inform the person that he
39or she has 30 days to respond to the court clerk to confirm his or
40her desire for a hearing, and that the failure to respond will result
P16   1in a default order forfeiting the confiscated firearm or weapon.
2begin insert For a confiscated firearm, the period of forfeiture is 180 days
3pursuant to Section 33875 of the Penal Code, unless the person
4contacts the law enforcement agency to facilitate the sale or
5transfer of the firearm to a licensed dealer pursuant to Section
633870 of the Penal Code.end insert
For the purpose of this subdivision, the
7person’s last known address shall be the address provided to the
8law enforcement officer by the person at the time of the person’s
9detention or apprehension.

10(f) If the person responds and requests a hearing, the court clerk
11shall set a hearing, no later than 30 days from receipt of the request.
12The court clerk shall notify the person and the district attorney of
13the date, time, and place of the hearing.

14(g) If the person does not respond within 30 days of the notice,
15the law enforcement agency may file a petition for order of defaultbegin insert,
16allowing the law enforcement agency to destroy the firearm in 180
17days from when the court enters default unless the person contacts
18the law enforcement agency to facilitate the sale or transfer of the
19firearm to a licensed dealer pursuant to Section 33870 of the Penal
20Codeend insert
.

21begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8103 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
22amended to read:end insert

23

8103.  

(a) (1) No person who after October 1, 1955, has been
24adjudicated by a court of any state to be a danger to others as a
25result of a mental disorder or mental illness, or who has been
26adjudicated to be a mentally disordered sex offender, shall purchase
27or receive, or attempt to purchase or receive, or have in his or her
28possession, custody, or control any firearm or any other deadly
29weapon unless there has been issued to the person a certificate by
30the court of adjudication upon release from treatment or at a later
31date stating that the person may possess a firearm or any other
32deadly weapon without endangering others, and the person has
33not, subsequent to the issuance of the certificate, again been
34adjudicated by a court to be a danger to others as a result of a
35mental disorder or mental illness.

36(2) The court shall immediately notify the Department of Justice
37of the court order finding the individual to be a person described
38in paragraph (1). The court shall alsobegin insert immediatelyend insert notify the
39Department of Justice of any certificate issued as described in
40paragraph (1).

P17   1(b) (1) No person who has been found, pursuant to Section
21026 of the Penal Code or the law of any other state or the United
3States, not guilty by reason of insanity of murder, mayhem, a
4violation of Section 207, 209, or 209.5 of the Penal Code in which
5the victim suffers intentionally inflicted great bodily injury,
6carjacking or robbery in which the victim suffers great bodily
7injury, a violation of Section 451 or 452 of the Penal Code
8involving a trailer coach, as defined in Section 635 of the Vehicle
9Code, or any dwelling house, a violation of paragraph (1) or (2)
10of subdivision (a) of Section 262 or paragraph (2) or (3) of
11subdivision (a) of Section 261 of the Penal Code, a violation of
12Section 459 of the Penal Code in the first degree, assault with
13intent to commit murder, a violation of Section 220 of the Penal
14Code in which the victim suffers great bodily injury, a violation
15of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
16Penal Code, or of a felony involving death, great bodily injury, or
17an act which poses a serious threat of bodily harm to another
18person, or a violation of the law of any other state or the United
19States that includes all the elements of any of the above felonies
20as defined under California law, shall purchase or receive, or
21attempt to purchase or receive, or have in his or her possession or
22under his or her custody or control any firearm or any other deadly
23weapon.

24(2) The court shall immediately notify the Department of Justice
25of the court order finding the person to be a person described in
26paragraph (1).

27(c) (1) No person who has been found, pursuant to Section 1026
28of the Penal Code or the law of any other state or the United States,
29not guilty by reason of insanity of any crime other than those
30described in subdivision (b) shall purchase or receive, or attempt
31to purchase or receive, or shall have in his or her possession,
32custody, or control any firearm or any other deadly weapon unless
33the court of commitment has found the person to have recovered
34sanity, pursuant to Section 1026.2 of the Penal Code or the law of
35any other state or the United States.

36(2) The court shall immediately notify the Department of Justice
37of the court order finding the person to be a person described in
38paragraph (1). The court shall also notify the Department of Justice
39when it finds that the person has recovered his or her sanity.

P18   1(d) (1) No person found by a court to be mentally incompetent
2to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
3or the law of any other state or the United States, shall purchase
4or receive, or attempt to purchase or receive, or shall have in his
5or her possession, custody, or control, any firearm or any other
6deadly weapon, unless there has been a finding with respect to the
7person of restoration to competence to stand trial by the committing
8court, pursuant to Section 1372 of the Penal Code or the law of
9any other state or the United States.

10(2) The court shall immediately notify the Department of Justice
11of the court order finding the person to be mentally incompetent
12as described in paragraph (1). The court shall also notify the
13Department of Justice when it finds that the person has recovered
14his or her competence.

15(e) (1) No person who has been placed under conservatorship
16by a court, pursuant to Section 5350 or the law of any other state
17or the United States, because the person is gravely disabled as a
18result of a mental disorder or impairment by chronic alcoholism,
19shall purchase or receive, or attempt to purchase or receive, or
20shall have in his or her possession, custody, or control, any firearm
21or any other deadly weapon while under the conservatorship if, at
22the time the conservatorship was ordered or thereafter, the court
23which imposed the conservatorship found that possession of a
24firearm or any other deadly weapon by the person would present
25a danger to the safety of the person or to others. Upon placing any
26person under conservatorship, and prohibiting firearm or any other
27deadly weapon possession by the person, the court shall notify the
28person of this prohibition.

29(2) The court shall immediately notify the Department of Justice
30of the court order placing the person under conservatorship and
31prohibiting firearm or any other deadly weapon possession by the
32person as described in paragraph (1). The notice shall include the
33date the conservatorship was imposed and the date the
34conservatorship is to be terminated. If the conservatorship is
35subsequently terminated before the date listed in the notice to the
36Department of Justice or the court subsequently finds that
37possession of a firearm or any other deadly weapon by the person
38would no longer present a danger to the safety of the person or
39others, the court shall immediately notify the Department of Justice.

P19   1(3) All information provided to the Department of Justice
2pursuant to paragraph (2) shall be kept confidential, separate, and
3apart from all other records maintained by the Department of
4Justice, and shall be used only to determine eligibility to purchase
5or possess firearms or other deadly weapons. Any person who
6knowingly furnishes that information for any other purpose is
7guilty of a misdemeanor. All the information concerning any person
8shall be destroyed upon receipt by the Department of Justice of
9notice of the termination of conservatorship as to that person
10pursuant to paragraph (2).

11(f) (1) No person who has been (A) taken into custody as
12provided in Section 5150 because that person is a danger to himself,
13herself, or to others, (B) assessed within the meaning of Section
145151, and (C) admitted to a designated facility within the meaning
15of Sections 5151 and 5152 because that person is a danger to
16himself, herself, or others, shall own, possess, control, receive, or
17purchase, or attempt to own, possess, control, receive, or purchase
18any firearm for a period of five years after the person is released
19from the facility. A person described in the preceding sentence,
20however, may own, possess, control, receive, or purchase, or
21attempt to own, possess, control, receive, or purchase any firearm
22if the superior court has, pursuant to paragraph (5), found that the
23people of the State of California have not met their burden pursuant
24to paragraph (6).

25(2) (A) For each person subject to this subdivision, the facility
26shall immediately, on the date of admission, submit a report to the
27Department of Justice, on a form prescribed by the Department of
28Justice, containing information that includes, but is not limited to,
29the identity of the person and the legal grounds upon which the
30person was admitted to the facility.

31Any report submitted pursuant to this paragraph shall be
32confidential, except for purposes of the court proceedings described
33in this subdivision and for determining the eligibility of the person
34to own, possess, control, receive, or purchase a firearm.

35(B) Commencing July 1, 2012, facilities shall submit reports
36pursuant to this paragraph exclusively by electronic means, in a
37manner prescribed by the Department of Justice.

38(3) Prior to, or concurrent with, the discharge, the facility shall
39inform a person subject to this subdivision that he or she is
40prohibited from owning, possessing, controlling, receiving, or
P20   1purchasing any firearm for a period of five years. Simultaneously,
2the facility shall inform the person that he or she may request a
3hearing from a court, as provided in this subdivision, for an order
4permitting the person to own, possess, control, receive, or purchase
5a firearm. The facility shall provide the person with a form for a
6request for a hearing. The Department of Justice shall prescribe
7the form. Where the person requests a hearing at the time of
8discharge, the facility shall forward the form to the superior court
9unless the person states that he or she will submit the form to the
10superior court.

11(4) The Department of Justice shall provide the form upon
12request to any person described in paragraph (1). The Department
13of Justice shall also provide the form to the superior court in each
14county. A person described in paragraph (1) may make a single
15request for a hearing at any time during the five-year period. The
16request for hearing shall be made on the form prescribed by the
17department or in a document that includes equivalent language.

18(5) Any person who is subject to paragraph (1) who has
19requested a hearing from the superior court of his or her county
20of residence for an order that he or she may own, possess, control,
21receive, or purchase firearms shall be given a hearing. The clerk
22of the court shall set a hearing date and notify the person, the
23Department of Justice, and the district attorney. The people of the
24State of California shall be the plaintiff in the proceeding and shall
25be represented by the district attorney. Upon motion of the district
26attorney, or on its own motion, the superior court may transfer the
27hearing to the county in which the person resided at the time of
28his or her detention, the county in which the person was detained,
29or the county in which the person was evaluated or treated. Within
30seven days after the request for a hearing, the Department of Justice
31shall file copies of the reports described in this section with the
32superior court. The reports shall be disclosed upon request to the
33person and to the district attorney. The court shall set the hearing
34within 30 days of receipt of the request for a hearing. Upon
35showing good cause, the district attorney shall be entitled to a
36continuance not to exceed 14 days after the district attorney was
37notified of the hearing date by the clerk of the court. If additional
38continuances are granted, the total length of time for continuances
39shall not exceed 60 days. The district attorney may notify the
40county mental health director of the hearing who shall provide
P21   1information about the detention of the person that may be relevant
2to the court and shall file that information with the superior court.
3That information shall be disclosed to the person and to the district
4attorney. The court, upon motion of the person subject to paragraph
5(1) establishing that confidential information is likely to be
6discussed during the hearing that would cause harm to the person,
7shall conduct the hearing in camera with only the relevant parties
8present, unless the court finds that the public interest would be
9better served by conducting the hearing in public. Notwithstanding
10any other law, declarations, police reports, including criminal
11history information, and any other material and relevant evidence
12that is not excluded under Section 352 of the Evidence Code shall
13be admissible at the hearing under this section.

14(6) The people shall bear the burden of showing by a
15preponderance of the evidence that the person would not be likely
16to use firearms in a safe and lawful manner.

17(7) If the court finds at the hearing set forth in paragraph (5)
18that the people have not met their burden as set forth in paragraph
19(6), the court shall order that the person shall not be subject to the
20five-year prohibition in this section on the ownership, control,
21receipt, possession, or purchase of firearmsbegin insert, and that person shall
22comply with the procedure described in Chapter 2 (commencing
23with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
24Code for the return of any firearmsend insert
. A copy of the order shall be
25 submitted to the Department of Justice. Upon receipt of the order,
26the Department of Justice shall delete any reference to the
27prohibition against firearms from the person’s state mental health
28firearms prohibition system information.

29(8) Where the district attorney declines or fails to go forward
30in the hearing, the court shall order that the person shall not be
31subject to the five-year prohibition required by this subdivision
32on the ownership, control, receipt, possession, or purchase of
33firearms. A copy of the order shall be submitted to the Department
34of Justice. Upon receipt of the order, the Department of Justice
35shall, within 15 days, delete any reference to the prohibition against
36firearms from the person’s state mental health firearms prohibition
37system informationbegin insert, and that person shall comply with the
38procedure described in Chapter 2 (commencing with Section
3933850) of Division 11 of Title 4 of Part 6 of the Penal Code for
40the return of any firearmsend insert
.

P22   1(9) Nothing in this subdivision shall prohibit the use of reports
2filed pursuant to this section to determine the eligibility of persons
3to own, possess, control, receive, or purchase a firearm if the person
4is the subject of a criminal investigation, a part of which involves
5the ownership, possession, control, receipt, or purchase of a
6firearm.

7(g) (1) No person who has been certified for intensive treatment
8under Section 5250, 5260, or 5270.15 shall own, possess, control,
9receive, or purchase, or attempt to own, possess, control, receive,
10or purchase, any firearm for a period of five years.

11Any person who meets the criteria contained in subdivision (e)
12or (f) who is released from intensive treatment shall nevertheless,
13if applicable, remain subject to the prohibition contained in
14subdivision (e) or (f).

15(2) (A) For each person certified for intensive treatment under
16paragraph (1), the facility shall immediately submit a report to the
17Department of Justice, on a form prescribed by the department,
18containing information regarding the person, including, but not
19limited to, the legal identity of the person and the legal grounds
20upon which the person was certified. Any report submitted pursuant
21to this paragraph shall only be used for the purposes specified in
22paragraph (2) of subdivision (f).

23(B) Commencing July 1, 2012, facilities shall submit reports
24pursuant to this paragraph exclusively by electronic means, in a
25manner prescribed by the Department of Justice.

26(3) Prior to, or concurrent with, the discharge of each person
27certified for intensive treatment under paragraph (1), the facility
28shall inform the person of that information specified in paragraph
29(3) of subdivision (f).

30(4) Any person who is subject to paragraph (1) may petition the
31superior court of his or her county of residence for an order that
32he or she may own, possess, control, receive, or purchase firearms.
33At the time the petition is filed, the clerk of the court shall set a
34hearing date and notify the person, the Department of Justice, and
35the district attorney. The people of the State of California shall be
36the respondent in the proceeding and shall be represented by the
37district attorney. Upon motion of the district attorney, or on its
38own motion, the superior court may transfer the petition to the
39county in which the person resided at the time of his or her
40detention, the county in which the person was detained, or the
P23   1county in which the person was evaluated or treated. Within seven
2days after receiving notice of the petition, the Department of Justice
3shall file copies of the reports described in this section with the
4superior court. The reports shall be disclosed upon request to the
5person and to the district attorney. The district attorney shall be
6entitled to a continuance of the hearing to a date of not less than
714 days after the district attorney was notified of the hearing date
8by the clerk of the court. The district attorney may notify the county
9mental health director of the petition, and the county mental health
10director shall provide information about the detention of the person
11that may be relevant to the court and shall file that information
12with the superior court. That information shall be disclosed to the
13person and to the district attorney. The court, upon motion of the
14person subject to paragraph (1) establishing that confidential
15information is likely to be discussed during the hearing that would
16cause harm to the person, shall conduct the hearing in camera with
17only the relevant parties present, unless the court finds that the
18public interest would be better served by conducting the hearing
19in public. Notwithstanding any other provision of law, any
20declaration, police reports, including criminal history information,
21and any other material and relevant evidence that is not excluded
22under Section 352 of the Evidence Code, shall be admissible at
23the hearing under this section. If the court finds by a preponderance
24of the evidence that the person would be likely to use firearms in
25a safe and lawful manner, the court may order that the person may
26own, control, receive, possess, or purchase firearmsbegin insert, and that
27person shall comply with the procedure described in Chapter 2
28(commencing with Section 33850) of Division 11 of Title 4 of Part
296 of the Penal Code for the return of any firearmsend insert
. A copy of the
30order shall be submitted to the Department of Justice. Upon receipt
31of the order, the Department of Justice shall delete any reference
32to the prohibition against firearms from the person’s state mental
33health firearms prohibition system information.

34(h) begin insert(1)end insertbegin insertend insert For all persons identified in subdivisions (f) and (g),
35facilities shall report to the Department of Justice as specified in
36those subdivisions, except facilities shall not report persons under
37subdivision (g) if the same persons previously have been reported
38under subdivision (f).

begin delete

39Additionally,

end delete

P24   1begin insert(2)end insertbegin insertend insertbegin insertAdditionally,end insert all facilities shall report to the Department of
2Justice upon the discharge of persons from whom reports have
3been submitted pursuant to subdivision (f) or (g). However, a report
4shall not be filed for persons who are discharged within 31 days
5after the date of admission.

6(i) Every person who owns or possesses or has under his or her
7custody or control, or purchases or receives, or attempts to purchase
8or receive, any firearm or any other deadly weapon in violation of
9this section shall be punished by imprisonment pursuant to
10subdivision (h) of Section 1170 of the Penal Code or in a county
11jail for not more than one year.

12(j) “Deadly weapon,” as used in this section, has the meaning
13prescribed by Section 8100.

begin insert

14(k) For purposes of this section, “immediately” means a period
15of time not exceeding 24 hours.

end insert
begin insert

16(l) Any notice or report required to be submitted to the
17Department of Justice pursuant to this section shall be submitted
18in an electronic format, in a manner prescribed by the Department
19of Justice.

end insert
20begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 8104 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
21amended to read:end insert

22

8104.  

The State Department of State Hospitals shall maintain
23in a convenient central location and shall make available to the
24Department of Justice those records that the State Department of
25State Hospitals has in its possession that are necessary to identify
26persons who come within Section 8100 or 8103.begin delete These records
27shall be madeend delete
begin insert Upon request of the Department of Justice, the State
28Department of State Hospitals shall make these recordsend insert
available
29to the Department of Justicebegin delete uponend deletebegin insert in electronic format within
30twenty-four hours of receiving theend insert
request. The Department of
31Justice shall make these requests only with respect to its duties
32with regard to applications for permits for, or to carry, or the
33possession, purchase, or transfer of, explosives as defined in
34Section 12000 of the Health and Safety Code, devices defined in
35Section 16250, 16530, or 16640 of the Penal Code, in subdivisions
36(a) to (d), inclusive, of Section 16520 of the Penal Code, or in
37subdivision (a) of Section 16840 of the Penal Code, machineguns
38as defined in Section 16880 of the Penal Code, short-barreled
39shotguns or short-barreled rifles as defined in Sections 17170 and
4017180 of the Penal Code, assault weapons as defined in Section
P25   130510 of the Penal Code, and destructive devices as defined in
2Section 16460 of the Penal Code, or to determine the eligibility
3of a person to acquire, carry, or possess a firearm, explosive, or
4destructive device by a person who is subject to a criminal
5investigation, a part of which involves the acquisition, carrying,
6or possession of a firearm by that person. These records shall not
7be furnished or made available to any person unless the department
8determines that disclosure of any information in the records is
9necessary to carry out its duties with respect to applications for
10permits for, or to carry, or the possession, purchase, or transfer of,
11explosives, destructive devices, devices as defined in Section
1216250, 16530, or 16640 of the Penal Code, in subdivisions (a) to
13(d), inclusive, of Section 16520 of the Penal Code, or in subdivision
14(a) of Section 16840 of the Penal Code, short-barreled shotguns,
15short-barreled rifles, assault weapons, and machineguns, or to
16determine the eligibility of a person to acquire, carry, or possess
17a firearm, explosive, or destructive device by a person who is
18subject to a criminal investigation, a part of which involves the
19acquisition, carrying, or possession of a firearm by that person.

20begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 8105 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
21amended to read:end insert

22

8105.  

(a) The Department of Justice shall request each public
23and private mental hospital, sanitarium, and institution to submit
24to the department that information that the department deems
25necessary to identify those persons who are within subdivision (a)
26of Section 8100, in order to carry out its duties in relation to
27firearms, destructive devices, and explosives.

28(b) Upon request of the Department of Justice pursuant to
29subdivision (a), each public and private mental hospital, sanitarium,
30and institution shall submit to the department that information
31which the department deems necessary to identify those persons
32who are within subdivision (a) of Section 8100, in order to carry
33out its duties in relation to firearms, destructive devices, and
34explosives.

35(c) A licensed psychotherapist shall immediately report to a
36local law enforcement agency the identity of a person subject to
37subdivision (b) of Section 8100. Upon receipt of the report, the
38local law enforcement agency,begin delete on a formend deletebegin insert in an electronic format,
39in a mannerend insert
prescribed by the Department of Justice, shall
P26   1immediately notify the department of the person who is subject to
2subdivision (b) of Section 8100.

3(d) All information provided to the Department of Justice
4pursuant to this section shall be kept confidential, separate and
5apart from all other records maintained by the department. The
6information provided to the Department of Justice pursuant to this
7section shall be used only for any of the following purposes:

8(1) By the department to determine eligibility of a person to
9acquire, carry, or possess firearms, destructive devices, or
10explosives.

11(2) For the purposes of the court proceedings described in
12subdivision (b) of Section 8100 to determine the eligibility of the
13person who is bringing the petition pursuant to paragraph (3) of
14subdivision (b) of Section 8100.

15(3) To determine the eligibility of a person to acquire, carry, or
16possess firearms, destructive devices, or explosives who is the
17subject of a criminal investigation, if a part of the criminal
18investigation involves the acquisition, carrying, or possession of
19firearms, explosives, or destructive devices by that person.

20(e) Reports shall not be required or requested under this section
21where the same person has been previously reported pursuant to
22Section 8103 or 8104.

23begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 4 of this bill shall become operative only if
24Senate Bill 53 of the 2013-end insert
begin insert14 Regular Session is enacted and
25becomes operative.end insert

26begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
27to Section 6 of Article XIII B of the California Constitution for
28certain costs that may be incurred by a local agency or school
29district because, in that regard, this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.

end insert
begin insert

35However, if the Commission on State Mandates determines that
36this act contains other costs mandated by the state, reimbursement
37to local agencies and school districts for those costs shall be made
38pursuant to Part 7 (commencing with Section 17500) of Division
394 of Title 2 of the Government Code.

end insert
begin delete
P27   1

SEC. 13.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.

end delete


O

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