Assembly Bill 1131 (Skinner) Firearms and Mental Health

ISSUE Current law prohibits a person who has made a serious threat of physical violence against a reasonably identifiable victim or victims from purchasing or owning a firearm in California, but only for six months. A six-month prohibition does not allow for either treatment of the person who made the threat, or adequate opportunity to protect the intended victim or victims. Current law requires courts and hospitals to immediately transmit information about court determinations regarding mental health to the California Department of Justice, but does not define immediately, or require that transmission be done by electronic means. Information about these prohibitions is not always transmitted by courts and hospitals to DOJ in a timely manner. Current law (Pen. Code, 33800 et seq.) sets forth explicit requirements for the return, sale, and destruction of all firearms that are in the custody or control of law enforcement and the courts. For example, prior to the return of a firearm to its owner, a background check by DOJ is required. (Pen. Code, 33850.) However, the Welfare and Institutions Code does not explicitly reference those requirements. As a result, there is some confusion about whether the Penal Code provisions apply to firearms seized from persons who are mentally ill. AB 1131 (SKINNER) AB 1131 will extend the six month firearms prohibition for persons who make credible threats of violence to five years. AB 1131 will also require mental health information to be transmitted to DOJ by electronic means and specify that courts and hospitals must transmit information to DOJ in a timely manner. Finally, AB 1131 clarifies that the procedures described in Penal Code Sections 33800 et seq. (Division 11, Chapters 1-3)) for the return, sale, and destruction of firearms apply to firearms that are seized pursuant to W&I Section 8102. Under AB 1131, courts would continue to have the ability to restore firearm rights to those persons who are likely to use firearms in a safe and lawful manner.

SUPPORT: California Police Chiefs Association Brady Campaign to Prevent Gun Violence Emeryville Police Department California State Sheriffs Association Law Center to Prevent Gun Violence Los Angeles County Sheriff Lee Baca

Assemblymember Nancy Skinner Staff Contact: Alison Merrilees (916) 319-2015, or Alison.Merrilees@asm.ca.gov