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| 1 | + | Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 257Introduced by Senator NielsenFebruary 12, 2019 An act to add Section 29880 to the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTSB 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 patients 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, 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: NO Bill TextThe 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. | |
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| 3 | + | Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 257Introduced by Senator NielsenFebruary 12, 2019 An act to add Section 29880 to the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTSB 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 patients 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, 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: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Senate March 25, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly June 04, 2019 | |
| 8 | 7 | Amended IN Senate March 25, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill No. 257 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Senator NielsenFebruary 12, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator Nielsen | |
| 17 | 16 | February 12, 2019 | |
| 18 | 17 | ||
| 19 | 18 | An act to add Section 29880 to the Penal Code, relating to firearms. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | SB 257, as amended, Nielsen. Firearms: prohibited persons. | |
| 26 | 25 | ||
| 27 | - | 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 patients 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, | |
| 26 | + | 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 patients 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, 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. | |
| 28 | 27 | ||
| 29 | 28 | 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 patients treatment, are a danger to themselves or others. | |
| 30 | 29 | ||
| 31 | - | 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, | |
| 30 | + | 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, 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. | |
| 32 | 31 | ||
| 33 | 32 | ## Digest Key | |
| 34 | 33 | ||
| 35 | 34 | ## Bill Text | |
| 36 | 35 | ||
| 37 | - | 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. | |
| 36 | + | 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. | |
| 38 | 37 | ||
| 39 | 38 | The people of the State of California do enact as follows: | |
| 40 | 39 | ||
| 41 | 40 | ## The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | - | 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. | |
| 42 | + | 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. | |
| 44 | 43 | ||
| 45 | 44 | SECTION 1. Section 29880 is added to the Penal Code, immediately following Section 29875, to read: | |
| 46 | 45 | ||
| 47 | 46 | ### SECTION 1. | |
| 48 | 47 | ||
| 49 | - | 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. | |
| 48 | + | 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. | |
| 50 | 49 | ||
| 51 | - | 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. | |
| 50 | + | 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. | |
| 52 | 51 | ||
| 53 | - | 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. | |
| 52 | + | 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. | |
| 54 | 53 | ||
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | 56 | 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. | |
| 58 | 57 | ||
| 59 | - | (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. | |
| 58 | + | (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. |