SB 127, as amended, Gaines. Firearms: mentally disordered persons.
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and requires the local law enforcement agency to immediately notify the Department of Justice.
This bill would instead require the licensed psychotherapist to make the report to local law enforcement
begin delete electronically,end delete within 24 hours, in a manner prescribed by the department. The bill would begin delete alsoend delete
require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8105 of the Welfare and Institutions Code
2 is amended to read:
(a) The Department of Justice shall request each public
4and private mental hospital, sanitarium, and institution to submit
5to the department that information that the department deems
6necessary to identify those persons who are within subdivision (a)
7of Section 8100, in order to carry out its duties in relation to
8firearms, destructive devices, and explosives.
9(b) Upon request of the Department of Justice pursuant to
10subdivision (a), each public and private mental hospital, sanitarium,
11and institution shall submit to the department that information
12which the department deems necessary to identify those persons
13who are within subdivision (a) of Section 8100, in order to carry
14out its duties in relation to firearms, destructive devices, and
16(c) A licensed psychotherapist shall report to a local law
begin delete electronicallyend delete, within 24 hours, in a manner
18prescribed by the Department of Justice, the identity of a person
19subject to subdivision (b) of Section 8100. Upon receipt of the
20report, the local law enforcement agency, on a form prescribed by
21the Department of Justice, shall notify the department
22electronically, within 24 hours, in a manner prescribed by the
23department, of the person who is subject to subdivision (b) of
25(d) All information provided to the Department of Justice
26pursuant to this section shall be kept confidential, separate and
27apart from all other records maintained by the department. The
28information provided to the Department of Justice pursuant to this
29section shall be used only for any of the following purposes:
30(1) By the department to determine eligibility of a person to
31acquire, carry, or possess firearms, destructive devices, or
33(2) For the purposes of the court proceedings described in
34subdivision (b) of Section 8100 to determine the eligibility of the
35person who is bringing the petition pursuant to paragraph (3) of
36subdivision (b) of Section 8100.
37(3) To determine the eligibility of a person to acquire, carry, or
38possess firearms, destructive devices, or explosives who is the
P3 1subject of a criminal investigation, if a part of the criminal
2investigation involves the acquisition, carrying, or possession of
3firearms, explosives, or destructive devices by that person.
4(e) Reports shall not be required or requested under this section
5where the same person has been previously reported pursuant to
6Section 8103 or 8104.