BILL ANALYSIS Ó
AB 1591
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ASSEMBLY THIRD READING
AB 1591 (Achadjian and Gray)
As Introduced February 3, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, | | |
| |Quirk, Ridley-Thomas, | | |
| |Stone, Hagman | | |
| | | | |
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SUMMARY : Changes the requirement from two court days to 24
hours of when a court must notify the Department of Justice
(DOJ) of specified court actions that would result in the
prohibition of a person from possessing a firearm or any other
deadly weapon or result in the person no longer being subject to
that prohibition.
EXISTING LAW :
1)Provides that no person who after October 1, 1955, has been
adjudicated by a court of any state to be a danger to others
as a result of a mental disorder or mental illness, or who has
been adjudicated to be a mentally disordered sex offender,
shall purchase or receive, or attempt to purchase or receive,
or have in his or her possession, custody, or control any
firearm or any other deadly weapon unless there has been
issued to the person a certificate by the court of
adjudication upon release from treatment or at a later date
stating that the person may possess a firearm or any other
deadly weapon without endangering others, and the person has
not, subsequent to the issuance of the certificate, again been
adjudicated by a court to be a danger to others as a result of
a mental disorder or mental illness.
2)Requires the court to notify DOJ as soon as possible, but not
later than two court days, of the court order finding an
individual to be a danger to others as a result of a mental
disorder or mental illness, or who has been adjudicated to be
a mentally disordered sex offender. Requires the court also
to notify DOJ as soon as possible, but not later than two
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court days, of any certificate issued by the court stating
that the person may possess a firearm or any other deadly
weapon.
3)Prohibits a person who has been found not guilty by reason of
insanity of murder, mayhem, carjacking, or robbery in which
the victim suffers great bodily injury, burglary in the first
degree, or any of the other specified offenses involving
death, great bodily injury, or an act which poses a serious
threat of bodily harm to another person, from purchasing or
receiving, or attempting to purchase or receive, or having in
his or her possession or under his or her custody or control
any firearm or any other deadly weapon. Requires the court to
notify DOJ as soon as possible, but not later than two court
days, of the court order finding the person to be a person
described in this provision.
4)Prohibits a person who has been found not guilty by reason of
insanity for any offense not specifically listed from
purchasing or receiving, or attempting to purchase or receive,
or having in his or her possession, custody, or control any
firearm or any other deadly weapon unless the court of
commitment has found the person to have recovered sanity.
Requires the court to notify DOJ as soon as possible, but not
later than two court days, of the court order finding the
person to be a person described in this provision, and
requires the court to notify DOJ as soon as possible, but not
later than two court days, when it finds that the person has
recovered his or her sanity.
5)Prohibits a person who has been found by a court to be
mentally incompetent to stand trial, from purchasing or
receiving, or attempting to purchase or receive, or having in
his or her possession, custody, or control, any firearm or any
other deadly weapon unless there has been a finding with
respect to the person of restoration to competence to stand
trial by the committing court. Requires the court to notify
DOJ as soon as possible, but not later than two court days, of
the court order finding the person to be mentally incompetent,
and requires the court to notify DOJ as soon as possible, but
not later than two court days, when it finds that the person
has recovered his or her competence.
6)Prohibits a person who has been placed under conservatorship
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by a court from purchasing or receiving, or attempting to
purchase or receive, or having in his or her possession,
custody, or control, any firearm or any other deadly weapon
while under the conservatorship if, at the time the
conservatorship was ordered or thereafter, the imposing court
found that possession of a firearm or any other deadly weapon
by the person would present a danger to the safety of the
person or to others. Requires the court to notify DOJ as soon
as possible, but not later than two court days, of the court
order placing the person under conservatorship and prohibiting
firearm or any other deadly weapon possession, including the
dates the conservatorship was imposed and is to be terminated,
and requires the court to notify DOJ as soon as possible, but
not later than two court days, if the conservatorship is
subsequently terminated before the date listed in the notice
to DOJ or the court subsequently finds that possession of
firearm or any other deadly weapon by the person would no
longer present a danger to the safety of the person or others.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Author's Statement : According to the author, "AB 1591 would
implement the State Auditor's recommendation that courts abide
by the same reporting standards required of other reporting
entities, establishing consistent procedures regarding the
urgency with which we identify and report Armed Prohibited
Persons to the Department of Justice."
2)Prohibited Persons : California has several laws that prohibit
certain persons from purchasing firearms. All felony
convictions lead to a lifetime prohibition, while specified
misdemeanors will result in a 10-year prohibition. A person
may be prohibited due to a protective order or as a condition
of probation. Another prohibition is based on the mental
health of the individual. If a person communicates to his or
her psychotherapist a serious threat of physical violence
against a reasonably-identifiable victim or victims, the
person is prohibited from owning or purchasing a firearm for
five years, starting from the date the psychotherapist reports
to local law enforcement the identity of the person making the
threat. If a person is admitted into a facility because that
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person is a danger to himself, herself, or to others, the
person is prohibited from owning or purchasing a firearm for
five years. For the provisions prohibiting a person from
owning or possessing a firearm based on a serious threat of
violence or based on admittance into a facility as a threat to
self or others, the person has the right to request a hearing
whereby the person could restore his or her right to own or
possess a firearm if a court determines that the person is
likely to use firearms or other deadly weapons in a safe and
lawful manner.
DOJ developed the Prohibited Armed Persons File, which is
commonly referred to as the Armed Prohibited Persons System
(APPS), an automated system for tracking handgun and assault
weapon owners in California who may pose a threat to public
safety. APPS collects information about persons who have
been, or will become, prohibited from possessing a firearm
subsequent to the legal acquisition or registration of a
firearm or assault weapon. DOJ receives automatic
notifications from state and federal criminal history systems
to determine if there is a match in the APPS for a current
California gun owner. DOJ also receives information from
courts, local law enforcement and state hospitals as well as
public and private mental hospitals to determine whether
someone is in a prohibited status. When a match is found, DOJ
has the authority to investigate the person's status and
confiscate any firearms or weapons in the person's possession.
Local law enforcement also may request from DOJ the status of
an individual, or may request a list of prohibited persons
within their jurisdiction, and conduct an investigation of
those persons.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003061
AB 1591
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