Amended in Senate June 24, 2013

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 amendbegin delete Sections 16740, 16890, 32310, and 32390end deletebegin insert Section 32310end insert of, and to add Sectionsbegin delete 16740.5, 30327,end deletebegin insert 30367end insert and 32311 to, the Penal Code,begin delete and to amend Sections 8100, 8102, 8103, 8104, and 8105 of the Welfare and Institutions Code,end delete 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, tobegin insert buy or receive a large capacity magazine or toend insert knowingly manufacture, import, keep for sale, offer or expose for sale, or givebegin delete orend deletebegin insert,end insert lendbegin insert, buy, or receiveend insert anybegin delete deviceend deletebegin insert large capacity magazine conversion kitend insert that is capable of converting an ammunition feeding device into a large-capacity magazine.begin delete 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.end delete 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 insert

This bill would require the Department of Justice to create the California Ammunition Database, and would require an ammunition vendor, as defined, to record specified purchaser information and the number of rounds of ammunition sold to a purchaser and report that information to the Department of Justice. The bill would require the department to immediately cross-reference the purchaser’s information with the Prohibited Armed Persons File. The bill would require the department to forward the purchaser’s information to local law enforcement through a secure means if the purchaser’s name appears in the file.

end 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.begin delete The bill would -make this provision operative only if Senate Bill 53 of the 2013-14 Regular Session is enacted and becomes operative.end deletebegin insert The bill would make these provisions inoperative until there are sufficient funds in the Ammunition Vendor’s Special Account of the General Fund, which this bill would create, and the department creates the California Ammunition Database. The bill would require the department to provide written notice to ammunition vendors that the database is operational and would require compliance by ammunition vendors as of 30 days after being notified.end insert

begin insert

(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 insert
begin insert

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

end insert
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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

end delete
begin delete

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 delete

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

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

P5    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 30367 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert30367.end insert  

(a) The Department of Justice shall create the
4California Ammunition Database.

5(b) Commencing 30 days from the date of being notified by the
6department of the operation of the California Ammunition
7Database pursuant to subdivision (e), an ammunition vendor shall
8record the purchaser information required by subdivision (a) of
9Section 30352 and the number of rounds of ammunition sold to
10the purchaser, and shall report that information to the department
11in a manner to be determined by the department.

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

18(d) The department shall also alert local law enforcement
19entities in the city, county, or city and county in which the
20purchaser resides if the purchaser obtains more than 3,000 rounds
21of ammunition within a five-day period and the purchaser is an
22individual and not an ammunition vendor.

23(e) This section is not effective until there are sufficient funds
24in the Ammunition Vendor’s Special Account of the General Fund,
25which is hereby created, for the department to create the California
26Ammunition Database and the department creates the database.
27At least 30 days prior to the date that the California Ammunition
28Database is operational, the department shall provide written
29notice of that fact to ammunition vendors.

30(f) Subdivisions (b), (c), and (d) do not apply to or affect the
31sale of ammunition to any of the following:

32(1) An authorized law enforcement representative of a city,
33county, city and county, or state or federal government, if the sale
34is for the exclusive use by that government agency and, prior to
35the sale of the ammunition, written authorization from the head
P6    1of the agency employing the purchaser or transferee is obtained
2identifying the employee as an individual authorized to conduct
3the transaction, and authorizing the transaction for the exclusive
4use of the agency employing the individual.

5(2) A sworn peace officer, as defined in Chapter 4.5
6(commencing with Section 830) of Title 3 of Part 2 who is
7authorized to carry a firearm in the course and scope of his or her
8duties.

9(3) An ammunition vendor.

10(g) For purposes of this section, the following definitions apply:

11(1) As used in this section, “ammunition vendor” means any
12person, firm, corporation, dealer, or any other business enterprise
13that is engaged in the retail sale of any ammunition, including,
14but not limited to, handgun ammunition, or that holds itself out as
15engaged in the business of selling any ammunition.

16(2) “Ammunition” does not include blanks.

end insert
begin delete
17

SECTION 1.  

Section 16740 of the Penal Code is amended to
18read:

19

16740.  

(a) As used in this part, “large-capacity magazine”
20means any ammunition feeding device with the capacity to accept
21more than 10 rounds, including, but not limited to, a disassembled
22large-capacity magazine that is readily restorable to accommodate
23more than 10 rounds of ammunition, and an oversize magazine
24body that appears to hold in excess of 10 rounds but has not been
25permanently altered to only accommodate 10 rounds of ammunition
26or less. A magazine body is not a large-capacity magazine if it is
27only of sufficient size to accommodate 10 or fewer rounds of
28ammunition and the internal working parts of the magazine,
29including the follower and spring.

30(b) As used in this part, “readily restorable” includes all of the
31magazine parts of a fully functioning large-capacity magazine,
32including, but not limited to, the body, spring, follower, and floor
33plate or end plate, under the custody and control of an individual
34or individuals that can be assembled into a complete magazine.

35

SEC. 2.  

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

36

16740.5.  

As used in this part, a “large-capacity magazine” shall
37not be construed to include any of the following:

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

39(b) A tubular magazine that is contained in a lever-action
40firearm.

P7    1

SEC. 3.  

Section 16890 of the Penal Code is amended to read:

2

16890.  

As used in Section 16150, 16740, or 30515, “magazine”
3means any ammunition feeding device, including a disassembled
4magazine that is readily restorable to be an ammunition feeding
5device. For purposes of this section, “readily restorable” means
6all of the parts of a large-capacity magazine, including, but not
7limited to, the body, spring, follower, and floor plate or end plate,
8under the custody and control of an individual or individuals that
9can be assembled as a fully functioning magazine.

10

SEC. 4.  

Section 30327 is added to the Penal Code, to read:

11

30327.  

The Department of Justice shall alert local law
12enforcement entities in the city, county, or city and county in which
13the purchaser resides if the purchaser obtains more than 3,000
14rounds of ammunition within a five-day period and the purchaser
15is an individual and not an ammunition vendor. The department
16is not required to alert local law enforcement of sales of
17ammunition made to peace officers.

end delete
18

begin deleteSEC. 5.end delete
19begin insertSEC. 2.end insert  

Section 32310 of the Penal Code is amended to read:

20

32310.  

(a) Except as provided in Article 2 (commencing with
21Section 32400) of this chapter and in Chapter 1 (commencing with
22Section 17700) of Division 2 of Title 2, commencing January 1,
232000, any person in this state who manufactures or causes to be
24manufactured, imports into the state, keeps for sale, or offers or
25exposes for sale, or who gives, lends, buys, or receives any
26large-capacity magazine is punishable by imprisonment in a county
27jail not exceeding one year or imprisonment pursuant to subdivision
28(h) of Section 1170.

29(b) For purposes of this section, “manufacturing” includes both
30fabricating a magazine and assembling a magazine from a
31combination of parts, including, but not limited to, the body, spring,
32follower, and floor plate or end plate, to be a fully functioning
33large-capacity magazine.

34

begin deleteSEC. 6.end delete
35begin insertSEC. 3.end insert  

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

36

32311.  

begin insert(a)end insertbegin insertend insert 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, commencing January 1,
392014, any person in this state who knowingly manufactures or
40causes to be manufactured, imports into the state, keeps for sale,
P8    1or offers or exposes for sale, or who gives, lends, buys, or receives
2anybegin delete device or combination of the parts of a fully functioning
3large-capacity magazine, including, but not limited to, the body,
4spring, follower, and floor plate or end plate, capable of converting
5an ammunition feeding device into a large-capacity magazineend delete
begin insert large
6capacity magazine conversion kitend insert
is punishable by a fine of not
7more than one thousand dollars ($1,000) or imprisonment in a
8county jail not to exceed six months, or by both that fine and
9imprisonment.

begin insert

10(b) For purposes of this section, a “large capacity magazine
11conversion kit” is a device or combination of parts of a fully
12functioning large-capacity magazine, including, but not limited
13to, the body, spring, follower, and floor plate or end plate, capable
14of converting an ammunition feeding device into a large-capacity
15magazine.

end insert
16begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.

end insert
begin delete
25

SEC. 7.  

Section 32390 of the Penal Code is amended to read:

26

32390.  

(a) Except as provided in Article 2 (commencing with
27Section 32400) of this chapter and in Chapter 1 (commencing with
28Section 17700) of Division 2 of Title 2, and in subdivision (b),
29any large-capacity magazine is a nuisance and is subject to Section
3018010.

31(b) Subdivision (a) does not apply to the possession of a readily
32restorable disassembled large-capacity magazine or an oversize
33magazine body that has been permanently altered so that the
34magazine cannot accommodate more than 10 rounds by a person
35who lawfully possessed the magazine prior to January 1, 2014.

36

SEC. 8.  

Section 8100 of the Welfare and Institutions Code is
37amended to read:

38

8100.  

(a) A person shall not have in his or her possession or
39under his or her custody or control, or purchase or receive, or
40attempt to purchase or receive, any firearms whatsoever or any
P9    1other deadly weapon, if on or after January 1, 1992, he or she has
2been admitted to a facility and is receiving inpatient treatment and,
3in the opinion of the attending health professional who is primarily
4responsible for the patient’s treatment of a mental disorder, is a
5danger to self or others, as specified by Section 5150, 5250, or
65300, even though the patient has consented to that treatment. A
7person is not subject to this subdivision once he or she is discharged
8from the facility.

9(b) (1) A person shall not have in his or her possession or under
10his or her custody or control, or purchase or receive, or attempt to
11purchase or receive, any firearms whatsoever or any other deadly
12weapon for a period of five years whenever, on or after January
131, 2014, he or she communicates to a licensed psychotherapist, as
14defined in subdivisions (a) to (e), inclusive, of Section 1010 of the
15Evidence Code, a serious threat of physical violence against a
16reasonably identifiable victim or victims. The five-year period
17shall commence from the date that the licensed psychotherapist
18reports to the local law enforcement agency the identity of the
19person making the communication. The prohibition provided for
20in this subdivision shall not apply unless the licensed
21psychotherapist notifies a local law enforcement agency of the
22threat by that person. The person, however, may own, possess,
23have custody or control over, or receive or purchase any firearm
24if a superior court, pursuant to paragraph (3) and upon petition of
25the person, has found, by a preponderance of the evidence, that
26the person is likely to use firearms or other deadly weapons in a
27safe and lawful manner.

28(2) Upon receipt of the report from the local law enforcement
29agency pursuant to subdivision (c) of Section 8105, the Department
30of Justice shall notify by certified mail, return receipt requested,
31a person subject to this subdivision of the following:

32(A) That he or she is prohibited from possessing, having custody
33or control over, receiving, or purchasing any firearm or other
34deadly weapon for a period of five years commencing from the
35date that the licensed psychotherapist reports to the local law
36enforcement agency the identity of the person making the
37communication. The notice shall state the date when the prohibition
38commences and ends.

P10   1(B) That he or she may petition a court, as provided in this
2subdivision, for an order permitting the person to own, possess,
3control, receive, or purchase a firearm.

4(3) (A) Any person who is subject to paragraph (1) may petition
5the superior court of his or her county of residence for an order
6that he or she may own, possess, have custody or control over,
7receive, or purchase firearms. At the time the petition is filed, the
8clerk of the court shall set a hearing date and notify the person,
9the Department of Justice, and the district attorney. The people of
10the State of California shall be the respondent in the proceeding
11and shall be represented by the district attorney. Upon motion of
12the district attorney, or upon its own motion, the superior court
13may transfer the petition to the county in which the person resided
14at the time of the statements, or the county in which the person
15made the statements. Within seven days after receiving notice of
16the petition, the Department of Justice shall file copies of the
17reports described in Section 8105 with the superior court. The
18reports shall be disclosed upon request to the person and to the
19 district attorney. The district attorney shall be entitled to a
20continuance of the hearing to a date of not less than 14 days after
21the district attorney is notified of the hearing date by the clerk of
22the court. The court, upon motion of the petitioner establishing
23that confidential information is likely to be discussed during the
24hearing that would cause harm to the person, shall conduct the
25hearing in camera with only the relevant parties present, unless
26the court finds that the public interest would be better served by
27conducting the hearing in public. Notwithstanding any other
28provision of law, declarations, police reports, including criminal
29history information, and any other material and relevant evidence
30that is not excluded under Section 352 of the Evidence Code, shall
31be admissible at the hearing under this paragraph.

32(B) The people shall bear the burden of showing by a
33preponderance of the evidence that the person would not be likely
34to use firearms in a safe and lawful manner.

35(C) If the court finds at the hearing that the people have not met
36their burden as set forth in subparagraph (B), the court shall order
37that the person shall not be subject to the five-year prohibition in
38this section on the ownership, control, receipt, possession, or
39purchase of firearms, and that person shall comply with the
40procedure described in Chapter 2 (commencing with Section
P11   133850) of Division 11 of Title 4 of Part 6 of the Penal Code for
2the return of any firearms. A copy of the order shall be submitted
3to the Department of Justice. Upon receipt of the order, the
4Department of Justice shall delete any reference to the prohibition
5against firearms from the person’s state mental health firearms
6prohibition system information.

7(D) Where the district attorney declines or fails to go forward
8in the hearing, the court shall order that the person shall not be
9subject to the five-year prohibition required by this subdivision
10on the ownership, control, receipt, possession, or purchase of
11firearms, and that person shall comply with the procedure described
12in Chapter 2 (commencing with Section 33850) of Division 11 of
13Title 4 of Part 6 of the Penal Code for the return of any firearms.
14A copy of the order shall be submitted to the Department of Justice.
15Upon receipt of the order, the Department of Justice shall, within
1615 days, delete any reference to the prohibition against firearms
17from the person’s state mental health firearms prohibition system
18information.

19(E) Nothing in this subdivision shall prohibit the use of reports
20filed pursuant to this section to determine the eligibility of persons
21to own, possess, control, receive, or purchase a firearm if the person
22is the subject of a criminal investigation, a part of which involves
23the ownership, possession, control, receipt, or purchase of a
24firearm.

25(c) “Discharge,” for the purposes of this section, does not include
26a leave of absence from a facility.

27(d) “Attending health care professional,” as used in this section,
28means the licensed health care professional primarily responsible
29for the person’s treatment who is qualified to make the decision
30that the person has a mental disorder and has probable cause to
31believe that the person is a danger to self or others.

32(e) “Deadly weapon,” as used in this section and in Sections
338101, 8102, and 8103, means any weapon, the possession or
34concealed carrying of which is prohibited by any provision listed
35in Section 16590 of the Penal Code.

36(f) “Danger to self,” as used in subdivision (a), means a
37voluntary person who has made a serious threat of, or attempted,
38suicide with the use of a firearm or other deadly weapon.

39(g) A violation of subdivision (a) of, or paragraph (1) of
40subdivision (b) of, this section shall be a public offense, punishable
P12   1by imprisonment pursuant to subdivision (h) of Section 1170 of
2the Penal Code, or in a county jail for not more than one year, by
3a fine not exceeding one thousand dollars ($1,000), or by both that
4imprisonment and fine.

5(h) The prohibitions set forth in this section shall be in addition
6to those set forth in Section 8103.

7(i) Any person admitted and receiving treatment prior to January
81, 1992, shall be governed by this section, as amended by Chapter
91090 of the Statutes of 1990, until discharged from the facility.

10

SEC. 9.  

Section 8102 of the Welfare and Institutions Code is
11amended to read:

12

8102.  

(a) Whenever a person, who has been detained or
13apprehended for examination of his or her mental condition or
14who is a person described in Section 8100 or 8103, is found to
15own, have in his or her possession or under his or her control, any
16firearm whatsoever, or any other deadly weapon, the firearm or
17other deadly weapon shall be confiscated by any law enforcement
18agency or peace officer, who shall retain custody of the firearm
19or other deadly weapon.

20“Deadly weapon,” as used in this section, has the meaning
21prescribed by Section 8100.

22(b) (1) Upon confiscation of any firearm or other deadly weapon
23from a person who has been detained or apprehended for
24examination of his or her mental condition, the peace officer or
25law enforcement agency shall notify the person of the procedure
26for the return of any firearm or other deadly weapon which has
27been confiscated.

28(2) Where the person is released, the professional person in
29charge of the facility, or his or her designee, shall notify the person
30of the procedure for the return of any firearm or other deadly
31weapon which may have been confiscated.

32 (3) Health facility personnel shall notify the confiscating law
33enforcement agency upon release of the detained person, and shall
34make a notation to the effect that the facility provided the required
35notice to the person regarding the procedure to obtain return of
36any confiscated firearm.

37(4) For purposes of this subdivision, the procedure for the return
38of confiscated firearms includes the procedures described in this
39section and the procedures described in Chapter 2 (commencing
P13   1with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
2Code.

3(c) Upon the release of a person as described in subdivision (b),
4the confiscating law enforcement agency shall have 30 days to
5initiate a petition in the superior court for a hearing to determine
6whether the return of a firearm or other deadly weapon would be
7likely to result in endangering the person or others, and to send a
8notice advising the person of his or her right to a hearing on this
9issue. The law enforcement agency may make an ex parte
10application stating good cause for an order extending the time to
11file a petition. Including any extension of time granted in response
12to an ex parte request, a petition must be filed within 60 days of
13the release of the person from a health facility.

14(d) If the law enforcement agency does not initiate proceedings
15within the 30-day period, or the period of time authorized by the
16court in an ex parte order issued pursuant to subdivision (c), it
17shall make the weapon available for return upon compliance with
18all applicable requirements, including the requirements specified
19in Chapter 2 (commencing with Section 33850) of Division 11 of
20Title 4 of Part 6 of the Penal Code.

21(e) The law enforcement agency shall inform the person that he
22or she has 30 days to respond to the court clerk to confirm his or
23her desire for a hearing, and that the failure to respond will result
24in a default order forfeiting the confiscated firearm or weapon. For
25a confiscated firearm, the period of forfeiture is 180 days pursuant
26to Section 33875 of the Penal Code, unless the person contacts the
27law enforcement agency to facilitate the sale or transfer of the
28firearm to a licensed dealer pursuant to Section 33870 of the Penal
29Code. For the purpose of this subdivision, the person’s last known
30address shall be the address provided to the law enforcement officer
31by the person at the time of the person’s detention or apprehension.

32(f) If the person responds and requests a hearing, the court clerk
33shall set a hearing, no later than 30 days from receipt of the request.
34The court clerk shall notify the person and the district attorney of
35the date, time, and place of the hearing.

36(g) If the person does not respond within 30 days of the notice,
37the law enforcement agency may file a petition for order of default,
38allowing the law enforcement agency to destroy the firearm in 180
39days from when the court enters default unless the person contacts
40the law enforcement agency to facilitate the sale or transfer of the
P14   1firearm to a licensed dealer pursuant to Section 33870 of the Penal
2Code.

3

SEC. 10.  

Section 8103 of the Welfare and Institutions Code is
4amended to read:

5

8103.  

(a) (1) No person who after October 1, 1955, has been
6adjudicated by a court of any state to be a danger to others as a
7result of a mental disorder or mental illness, or who has been
8adjudicated to be a mentally disordered sex offender, shall purchase
9or receive, or attempt to purchase or receive, or have in his or her
10possession, custody, or control any firearm or any other deadly
11weapon unless there has been issued to the person a certificate by
12the court of adjudication upon release from treatment or at a later
13date stating that the person may possess a firearm or any other
14deadly weapon without endangering others, and the person has
15not, subsequent to the issuance of the certificate, again been
16adjudicated by a court to be a danger to others as a result of a
17mental disorder or mental illness.

18(2) The court shall immediately notify the Department of Justice
19of the court order finding the individual to be a person described
20in paragraph (1). The court shall also immediately notify the
21Department of Justice of any certificate issued as described in
22paragraph (1).

23(b) (1) No person who has been found, pursuant to Section
241026 of the Penal Code or the law of any other state or the United
25States, not guilty by reason of insanity of murder, mayhem, a
26violation of Section 207, 209, or 209.5 of the Penal Code in which
27the victim suffers intentionally inflicted great bodily injury,
28carjacking or robbery in which the victim suffers great bodily
29injury, a violation of Section 451 or 452 of the Penal Code
30involving a trailer coach, as defined in Section 635 of the Vehicle
31Code, or any dwelling house, a violation of paragraph (1) or (2)
32of subdivision (a) of Section 262 or paragraph (2) or (3) of
33subdivision (a) of Section 261 of the Penal Code, a violation of
34Section 459 of the Penal Code in the first degree, assault with
35intent to commit murder, a violation of Section 220 of the Penal
36Code in which the victim suffers great bodily injury, a violation
37of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
38Penal Code, or of a felony involving death, great bodily injury, or
39an act which poses a serious threat of bodily harm to another
40person, or a violation of the law of any other state or the United
P15   1States that includes all the elements of any of the above felonies
2as defined under California law, shall purchase or receive, or
3attempt to purchase or receive, or have in his or her possession or
4under his or her custody or control any firearm or any other deadly
5weapon.

6(2) The court shall immediately notify the Department of Justice
7of the court order finding the person to be a person described in
8paragraph (1).

9(c) (1) No person who has been found, pursuant to Section 1026
10of the Penal Code or the law of any other state or the United States,
11not guilty by reason of insanity of any crime other than those
12described in subdivision (b) shall purchase or receive, or attempt
13to purchase or receive, or shall have in his or her possession,
14custody, or control any firearm or any other deadly weapon unless
15the court of commitment has found the person to have recovered
16sanity, pursuant to Section 1026.2 of the Penal Code or the law of
17any other state or the United States.

18(2) The court shall immediately notify the Department of Justice
19of the court order finding the person to be a person described in
20paragraph (1). The court shall also notify the Department of Justice
21when it finds that the person has recovered his or her sanity.

22(d) (1) No person found by a court to be mentally incompetent
23to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
24or the law of any other state or the United States, shall purchase
25or receive, or attempt to purchase or receive, or shall have in his
26or her possession, custody, or control, any firearm or any other
27deadly weapon, unless there has been a finding with respect to the
28person of restoration to competence to stand trial by the committing
29court, pursuant to Section 1372 of the Penal Code or the law of
30any other state or the United States.

31(2) The court shall immediately notify the Department of Justice
32of the court order finding the person to be mentally incompetent
33as described in paragraph (1). The court shall also notify the
34Department of Justice when it finds that the person has recovered
35his or her competence.

36(e) (1) No person who has been placed under conservatorship
37by a court, pursuant to Section 5350 or the law of any other state
38or the United States, because the person is gravely disabled as a
39result of a mental disorder or impairment by chronic alcoholism,
40shall purchase or receive, or attempt to purchase or receive, or
P16   1shall have in his or her possession, custody, or control, any firearm
2or any other deadly weapon while under the conservatorship if, at
3the time the conservatorship was ordered or thereafter, the court
4which imposed the conservatorship found that possession of a
5firearm or any other deadly weapon by the person would present
6a danger to the safety of the person or to others. Upon placing any
7person under conservatorship, and prohibiting firearm or any other
8deadly weapon possession by the person, the court shall notify the
9person of this prohibition.

10(2) The court shall immediately notify the Department of Justice
11of the court order placing the person under conservatorship and
12prohibiting firearm or any other deadly weapon possession by the
13person as described in paragraph (1). The notice shall include the
14date the conservatorship was imposed and the date the
15conservatorship is to be terminated. If the conservatorship is
16subsequently terminated before the date listed in the notice to the
17Department of Justice or the court subsequently finds that
18possession of a firearm or any other deadly weapon by the person
19would no longer present a danger to the safety of the person or
20others, the court shall immediately notify the Department of Justice.

21(3) All information provided to the Department of Justice
22pursuant to paragraph (2) shall be kept confidential, separate, and
23apart from all other records maintained by the Department of
24Justice, and shall be used only to determine eligibility to purchase
25or possess firearms or other deadly weapons. Any person who
26knowingly furnishes that information for any other purpose is
27guilty of a misdemeanor. All the information concerning any person
28shall be destroyed upon receipt by the Department of Justice of
29notice of the termination of conservatorship as to that person
30pursuant to paragraph (2).

31(f) (1) No person who has been (A) taken into custody as
32provided in Section 5150 because that person is a danger to himself,
33herself, or to others, (B) assessed within the meaning of Section
345151, and (C) admitted to a designated facility within the meaning
35of Sections 5151 and 5152 because that person is a danger to
36himself, herself, or others, shall own, possess, control, receive, or
37purchase, or attempt to own, possess, control, receive, or purchase
38any firearm for a period of five years after the person is released
39from the facility. A person described in the preceding sentence,
40however, may own, possess, control, receive, or purchase, or
P17   1attempt to own, possess, control, receive, or purchase any firearm
2if the superior court has, pursuant to paragraph (5), found that the
3people of the State of California have not met their burden pursuant
4to paragraph (6).

5(2) (A) For each person subject to this subdivision, the facility
6shall immediately, on the date of admission, submit a report to the
7Department of Justice, on a form prescribed by the Department of
8Justice, containing information that includes, but is not limited to,
9the identity of the person and the legal grounds upon which the
10person was admitted to the facility.

11Any report submitted pursuant to this paragraph shall be
12confidential, except for purposes of the court proceedings described
13in this subdivision and for determining the eligibility of the person
14to own, possess, control, receive, or purchase a firearm.

15(B) Commencing July 1, 2012, facilities shall submit reports
16pursuant to this paragraph exclusively by electronic means, in a
17manner prescribed by the Department of Justice.

18(3) Prior to, or concurrent with, the discharge, the facility shall
19inform a person subject to this subdivision that he or she is
20prohibited from owning, possessing, controlling, receiving, or
21purchasing any firearm for a period of five years. Simultaneously,
22the facility shall inform the person that he or she may request a
23hearing from a court, as provided in this subdivision, for an order
24permitting the person to own, possess, control, receive, or purchase
25a firearm. The facility shall provide the person with a form for a
26request for a hearing. The Department of Justice shall prescribe
27the form. Where the person requests a hearing at the time of
28discharge, the facility shall forward the form to the superior court
29unless the person states that he or she will submit the form to the
30superior court.

31(4) The Department of Justice shall provide the form upon
32request to any person described in paragraph (1). The Department
33of Justice shall also provide the form to the superior court in each
34county. A person described in paragraph (1) may make a single
35request for a hearing at any time during the five-year period. The
36request for hearing shall be made on the form prescribed by the
37department or in a document that includes equivalent language.

38(5) Any person who is subject to paragraph (1) who has
39requested a hearing from the superior court of his or her county
40of residence for an order that he or she may own, possess, control,
P18   1receive, or purchase firearms shall be given a hearing. The clerk
2of the court shall set a hearing date and notify the person, the
3Department of Justice, and the district attorney. The people of the
4State of California shall be the plaintiff in the proceeding and shall
5be represented by the district attorney. Upon motion of the district
6attorney, or on its own motion, the superior court may transfer the
7hearing to the county in which the person resided at the time of
8his or her detention, the county in which the person was detained,
9or the county in which the person was evaluated or treated. Within
10seven days after the request for a hearing, the Department of Justice
11shall file copies of the reports described in this section with the
12superior court. The reports shall be disclosed upon request to the
13person and to the district attorney. The court shall set the hearing
14within 30 days of receipt of the request for a hearing. Upon
15showing good cause, the district attorney shall be entitled to a
16continuance not to exceed 14 days after the district attorney was
17notified of the hearing date by the clerk of the court. If additional
18continuances are granted, the total length of time for continuances
19shall not exceed 60 days. The district attorney may notify the
20county mental health director of the hearing who shall provide
21information about the detention of the person that may be relevant
22to the court and shall file that information with the superior court.
23That information shall be disclosed to the person and to the district
24attorney. The court, upon motion of the person subject to paragraph
25(1) establishing that confidential information is likely to be
26discussed during the hearing that would cause harm to the person,
27shall conduct the hearing in camera with only the relevant parties
28present, unless the court finds that the public interest would be
29better served by conducting the hearing in public. Notwithstanding
30any other law, declarations, police reports, including criminal
31history information, and any other material and relevant evidence
32that is not excluded under Section 352 of the Evidence Code shall
33be admissible at the hearing under this section.

34(6) The people shall bear the burden of showing by a
35preponderance of the evidence that the person would not be likely
36to use firearms in a safe and lawful manner.

37(7) If the court finds at the hearing set forth in paragraph (5)
38that the people have not met their burden as set forth in paragraph
39(6), the court shall order that the person shall not be subject to the
40five-year prohibition in this section on the ownership, control,
P19   1receipt, possession, or purchase of firearms, and that person shall
2comply with the procedure described in Chapter 2 (commencing
3with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
4Code for the return of any firearms. A copy of the order shall be
5 submitted to the Department of Justice. Upon receipt of the order,
6the Department of Justice shall delete any reference to the
7prohibition against firearms from the person’s state mental health
8firearms prohibition system information.

9(8) Where the district attorney declines or fails to go forward
10in the hearing, the court shall order that the person shall not be
11subject to the five-year prohibition required by this subdivision
12on the ownership, control, receipt, possession, or purchase of
13firearms. A copy of the order shall be submitted to the Department
14of Justice. Upon receipt of the order, the Department of Justice
15shall, within 15 days, delete any reference to the prohibition against
16firearms from the person’s state mental health firearms prohibition
17system information, and that person shall comply with the
18procedure described in Chapter 2 (commencing with Section
1933850) of Division 11 of Title 4 of Part 6 of the Penal Code for
20the return of any firearms.

21(9) Nothing in this subdivision shall prohibit the use of reports
22filed pursuant to this section to determine the eligibility of persons
23to own, possess, control, receive, or purchase a firearm if the person
24is the subject of a criminal investigation, a part of which involves
25the ownership, possession, control, receipt, or purchase of a
26firearm.

27(g) (1) No person who has been certified for intensive treatment
28under Section 5250, 5260, or 5270.15 shall own, possess, control,
29receive, or purchase, or attempt to own, possess, control, receive,
30or purchase, any firearm for a period of five years.

31Any person who meets the criteria contained in subdivision (e)
32or (f) who is released from intensive treatment shall nevertheless,
33if applicable, remain subject to the prohibition contained in
34subdivision (e) or (f).

35(2) (A) For each person certified for intensive treatment under
36paragraph (1), the facility shall immediately submit a report to the
37Department of Justice, on a form prescribed by the department,
38containing information regarding the person, including, but not
39limited to, the legal identity of the person and the legal grounds
40upon which the person was certified. Any report submitted pursuant
P20   1to this paragraph shall only be used for the purposes specified in
2paragraph (2) of subdivision (f).

3(B) Commencing July 1, 2012, facilities shall submit reports
4pursuant to this paragraph exclusively by electronic means, in a
5manner prescribed by the Department of Justice.

6(3) Prior to, or concurrent with, the discharge of each person
7certified for intensive treatment under paragraph (1), the facility
8shall inform the person of that information specified in paragraph
9(3) of subdivision (f).

10(4) Any person who is subject to paragraph (1) may petition the
11superior court of his or her county of residence for an order that
12he or she may own, possess, control, receive, or purchase firearms.
13At the time the petition is filed, the clerk of the court shall set a
14hearing date and notify the person, the Department of Justice, and
15the district attorney. The people of the State of California shall be
16the respondent in the proceeding and shall be represented by the
17district attorney. Upon motion of the district attorney, or on its
18own motion, the superior court may transfer the petition to the
19county in which the person resided at the time of his or her
20detention, the county in which the person was detained, or the
21county in which the person was evaluated or treated. Within seven
22days after receiving notice of the petition, the Department of Justice
23shall file copies of the reports described in this section with the
24superior court. The reports shall be disclosed upon request to the
25person and to the district attorney. The district attorney shall be
26entitled to a continuance of the hearing to a date of not less than
2714 days after the district attorney was notified of the hearing date
28by the clerk of the court. The district attorney may notify the county
29mental health director of the petition, and the county mental health
30director shall provide information about the detention of the person
31that may be relevant to the court and shall file that information
32with the superior court. That information shall be disclosed to the
33person and to the district attorney. The court, upon motion of the
34person subject to paragraph (1) establishing that confidential
35information is likely to be discussed during the hearing that would
36cause harm to the person, shall conduct the hearing in camera with
37only the relevant parties present, unless the court finds that the
38public interest would be better served by conducting the hearing
39in public. Notwithstanding any other provision of law, any
40declaration, police reports, including criminal history information,
P21   1and any other material and relevant evidence that is not excluded
2under Section 352 of the Evidence Code, shall be admissible at
3the hearing under this section. If the court finds by a preponderance
4of the evidence that the person would be likely to use firearms in
5a safe and lawful manner, the court may order that the person may
6own, control, receive, possess, or purchase firearms, and that person
7shall comply with the procedure described in Chapter 2
8(commencing with Section 33850) of Division 11 of Title 4 of Part
96 of the Penal Code for the return of any firearms. A copy of the
10order shall be submitted to the Department of Justice. Upon receipt
11of the order, the Department of Justice shall delete any reference
12to the prohibition against firearms from the person’s state mental
13health firearms prohibition system information.

14(h) (1) For all persons identified in subdivisions (f) and (g),
15facilities shall report to the Department of Justice as specified in
16those subdivisions, except facilities shall not report persons under
17subdivision (g) if the same persons previously have been reported
18under subdivision (f).

19(2) Additionally, all facilities shall report to the Department of
20Justice upon the discharge of persons from whom reports have
21been submitted pursuant to subdivision (f) or (g). However, a report
22shall not be filed for persons who are discharged within 31 days
23after the date of admission.

24(i) Every person who owns or possesses or has under his or her
25custody or control, or purchases or receives, or attempts to purchase
26or receive, any firearm or any other deadly weapon in violation of
27this section shall be punished by imprisonment pursuant to
28subdivision (h) of Section 1170 of the Penal Code or in a county
29jail for not more than one year.

30(j) “Deadly weapon,” as used in this section, has the meaning
31prescribed by Section 8100.

32(k) For purposes of this section, “immediately” means a period
33of time not exceeding 24 hours.

34(l) Any notice or report required to be submitted to the
35Department of Justice pursuant to this section shall be submitted
36in an electronic format, in a manner prescribed by the Department
37of Justice.

38

SEC. 11.  

Section 8104 of the Welfare and Institutions Code is
39amended to read:

P22   1

8104.  

The State Department of State Hospitals shall maintain
2in a convenient central location and shall make available to the
3Department of Justice those records that the State Department of
4State Hospitals has in its possession that are necessary to identify
5persons who come within Section 8100 or 8103. Upon request of
6the Department of Justice, the State Department of State Hospitals
7shall make these records available to the Department of Justice in
8electronic format within twenty-four hours of receiving the request.
9The Department of Justice shall make these requests only with
10respect to its duties with regard to applications for permits for, or
11to carry, or the possession, purchase, or transfer of, explosives as
12defined in Section 12000 of the Health and Safety Code, devices
13defined in Section 16250, 16530, or 16640 of the Penal Code, in
14subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
15Code, or in subdivision (a) of Section 16840 of the Penal Code,
16machineguns as defined in Section 16880 of the Penal Code,
17short-barreled shotguns or short-barreled rifles as defined in
18Sections 17170 and 17180 of the Penal Code, assault weapons as
19defined in Section 30510 of the Penal Code, and destructive devices
20as defined in Section 16460 of the Penal Code, or to determine the
21eligibility of a person to acquire, carry, or possess a firearm,
22explosive, or destructive device by a person who is subject to a
23criminal investigation, a part of which involves the acquisition,
24carrying, or possession of a firearm by that person. These records
25shall not be furnished or made available to any person unless the
26department determines that disclosure of any information in the
27records is necessary to carry out its duties with respect to
28applications for permits for, or to carry, or the possession, purchase,
29or transfer of, explosives, destructive devices, devices as defined
30in Section 16250, 16530, or 16640 of the Penal Code, in
31subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
32Code, or in subdivision (a) of Section 16840 of the Penal Code,
33short-barreled shotguns, short-barreled rifles, assault weapons,
34and machineguns, or to determine the eligibility of a person to
35acquire, carry, or possess a firearm, explosive, or destructive device
36by a person who is subject to a criminal investigation, a part of
37which involves the acquisition, carrying, or possession of a firearm
38by that person.

39

SEC. 12.  

Section 8105 of the Welfare and Institutions Code is
40amended to read:

P23   1

8105.  

(a) The Department of Justice shall request each public
2and private mental hospital, sanitarium, and institution to submit
3to the department that information that the department deems
4necessary to identify those persons who are within subdivision (a)
5of Section 8100, in order to carry out its duties in relation to
6firearms, destructive devices, and explosives.

7(b) Upon request of the Department of Justice pursuant to
8subdivision (a), each public and private mental hospital, sanitarium,
9and institution shall submit to the department that information
10which the department deems necessary to identify those persons
11who are within subdivision (a) of Section 8100, in order to carry
12out its duties in relation to firearms, destructive devices, and
13explosives.

14(c) A licensed psychotherapist shall immediately report to a
15local law enforcement agency the identity of a person subject to
16subdivision (b) of Section 8100. Upon receipt of the report, the
17local law enforcement agency, in an electronic format, in a manner
18prescribed by the Department of Justice, shall immediately notify
19the department of the person who is subject to subdivision (b) of
20Section 8100.

21(d) All information provided to the Department of Justice
22pursuant to this section shall be kept confidential, separate and
23apart from all other records maintained by the department. The
24information provided to the Department of Justice pursuant to this
25section shall be used only for any of the following purposes:

26(1) By the department to determine eligibility of a person to
27acquire, carry, or possess firearms, destructive devices, or
28explosives.

29(2) For the purposes of the court proceedings described in
30subdivision (b) of Section 8100 to determine the eligibility of the
31person who is bringing the petition pursuant to paragraph (3) of
32subdivision (b) of Section 8100.

33(3) To determine the eligibility of a person to acquire, carry, or
34possess firearms, destructive devices, or explosives who is the
35subject of a criminal investigation, if a part of the criminal
36investigation involves the acquisition, carrying, or possession of
37firearms, explosives, or destructive devices by that person.

38(e) Reports shall not be required or requested under this section
39where the same person has been previously reported pursuant to
40Section 8103 or 8104.

P24   1

SEC. 13.  

Section 4 of this bill shall become operative only if
2Senate Bill 53 of the 2013-14 Regular Session is enacted and
3becomes operative.

4

SEC. 14.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution for certain
6costs that may be incurred by a local agency or school district
7because, in that regard, this act creates a new crime or infraction,
8eliminates a crime or infraction, or changes the penalty for a crime
9or infraction, within the meaning of Section 17556 of the
10Government Code, or changes the definition of a crime within the
11meaning of Section 6 of Article XIII B of the California
12Constitution.

13However, if the Commission on State Mandates determines that
14this act contains other costs mandated by the state, reimbursement
15to local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.

end delete


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