Bill Text: CA SB257 | 2019-2020 | Regular Session | Amended
Bill Title: Firearms: prohibited persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing: Held in committee and under submission. [SB257 Detail]
Download: California-2019-SB257-Amended.html
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Amended
IN
Assembly
June 04, 2019 |
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Amended
IN
Senate
March 25, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 257 |
| Introduced by Senator Nielsen |
February 12, 2019 |
An act to add Section 29880 to the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 257, as amended, Nielsen.
Firearms: prohibited persons.
Existing law makes it a crime for certain persons to own, purchase, receive, or possess a firearm, including, among other persons, persons convicted of a felony, persons who are addicted to the use of a narcotic drug, persons convicted of specified violent offenses, persons who have been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, and persons who have been admitted to a facility, are receiving inpatient treatment, and, in the opinion of the attending health professional who is primarily responsible for the patient’s treatment, are a danger to themselves or others.
This bill would require the Department of Justice, if the department determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by the provisions described above has attempted to
acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside. If the person is prohibited from owning or possessing a firearm because of a mental illness, as defined, the bill would require the department to also notify the county department of mental health in the county in which the person was last known to reside.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 29880 is added to the Penal Code, immediately following Section 29875, to read:29880.
(a) If the Department of Justice determines that a person prohibited from owning, purchasing, receiving, or possessing a firearm by this chapter, Chapter 3 (commencing with Section 29900), or Section 8100 or 8103 of the Welfare and Institutions Code has attempted to acquire a firearm, the department shall notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside.(b) If a person described in subdivision (a) is prohibited from owning or possessing a firearm because of a mental illness, the department shall also notify the county department of mental health in the county in which the person was last known
to reside. For purposes of this subdivision, a person is prohibited from owning or possessing a firearm because of a mental illness if the person is prohibited from owning or possessing a firearm pursuant to Section 8100 or 8103 of the Welfare and Institutions Code.
