Amended IN Assembly June 04, 2019 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, 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: 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. 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.
Amended IN Assembly June 04, 2019 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, 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: NO
Amended IN Assembly June 04, 2019 Amended IN Senate March 25, 2019
Amended IN Assembly June 04, 2019
Amended IN Senate March 25, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 257
Introduced by Senator NielsenFebruary 12, 2019
Introduced by Senator Nielsen
February 12, 2019
An act to add Section 29880 to the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
## 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 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, 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.
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, 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
## Bill 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.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Section 29880 is added to the Penal Code, immediately following Section 29875, to read:
### SECTION 1.
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.
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.
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.
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.