California 2013-2014 Regular Session Status: In Committee

AB 1296 — Firearms: mentally disordered persons.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Under existing law, a violation of this provision is a crime. Existing law allows a person subject to these provisions to petition the superior court of his or her county for an order that he or she may possess a firearm, as provided. This bill would increase the prohibitory period from 6 months to 5 years. By increasing the scope of an existing crime, this bill would impose a state-mandated local program. This bill would revise the provisions allowing a person to petition the court for an order that he or she may possess a firearm to conform with other provisions of existing law. (2) Existing law allows a person to be taken into custody and placed in an approved facility for a 72-hour treatment and evaluation if the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. Existing law allows the person to be certified for a longer duration under certain conditions, as specified. Existing law prohibits a person who has been taken into custody, assessed, and admitted to a facility pursuant to these provisions from owning, possessing, controlling, receiving, or purchasing a firearm, or from attempting to do the same, for a period of 5 years after the person is released from the facility. Existing law imposes additional penalties for certain crimes involving possession of a firearm by a prohibited person. This bill would increase the above prohibitory period on having a firearm from 5 years to 10 years. The bill would make conforming changes. By expanding the scope of these crimes, this bill would impose a state-mandated local program. (3) Existing law requires reports to be submitted immediately to the Department of Justice in connection with mentally ill individuals who are prohibited from possessing firearms and dangerous weapons. This bill would specify that, for these purposes, "immediately" means a period of time not exceeding 24 hours. The bill would require notices and reports submitted to the Department of Justice in connection with these provisions to be submitted in an electronic format, in a manner prescribed by the Department of Justice. (4) Existing law requires the State Department of State Hospitals to maintain records in its possession that are necessary to identify persons who come within the prohibition on possessing firearms due to mental illness and requires the State Department of State Hospitals to make these records available to the Department of Justice upon request. This bill would require the State Department of State Hospitals to make these records available to the Department of Justice electronically, within 24 hours The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR.

  6. Re-referred to Com. on PUB. S.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  8. Re-referred to Com. on PUB. S.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  10. Referred to Com. on PUB. S.

  11. Read first time.

  12. From printer. May be heard in committee March 26.

  13. Introduced. To print.

Sponsors

  • Skinner · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Skinner

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1296 do?
(1) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Under existing law, a violation of this provision is a crime. Existing law allows a person subject to these provisions to petition the superior court of his or her county for an order that he or she may possess a firearm, as provided. This bill would increase the prohibitory period from 6 months to 5 years. By increasing the scope of an existing crime, this bill would impose a state-mandated local program. This bill would revise the provisions allowing a person to petition the court for an order that he or she may possess a firearm to conform with other provisions of existing law. (2) Existing law allows a person to be taken into custody and placed in an approved facility for a 72-hour treatment and evaluation if the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. Existing law allows the person to be certified for a longer duration under certain conditions, as specified. Existing law prohibits a person who has been taken into custody, assessed, and admitted to a facility pursuant to these provisions from owning, possessing, controlling, receiving, or purchasing a firearm, or from attempting to do the same, for a period of 5 years after the person is released from the facility. Existing law imposes additional penalties for certain crimes involving possession of a firearm by a prohibited person. This bill would increase the above prohibitory period on having a firearm from 5 years to 10 years. The bill would make conforming changes. By expanding the scope of these crimes, this bill would impose a state-mandated local program. (3) Existing law requires reports to be submitted immediately to the Department of Justice in connection with mentally ill individuals who are prohibited from possessing firearms and dangerous weapons. This bill would specify that, for these purposes, "immediately" means a period of time not exceeding 24 hours. The bill would require notices and reports submitted to the Department of Justice in connection with these provisions to be submitted in an electronic format, in a manner prescribed by the Department of Justice. (4) Existing law requires the State Department of State Hospitals to maintain records in its possession that are necessary to identify persons who come within the prohibition on possessing firearms due to mental illness and requires the State Department of State Hospitals to make these records available to the Department of Justice upon request. This bill would require the State Department of State Hospitals to make these records available to the Department of Justice electronically, within 24 hours The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1296?
AB 1296 is sponsored by Skinner.
What is the current status of AB 1296?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1296?
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