Firearms: persons detained or apprehended for examination of mental condition.
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AB 997 — Firearms: persons detained or apprehended for examination of mental condition.
Last action — From committee: Without further action pursuant to Joint Rule 62(a).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Existing law requires a peace officer to confiscate the firearms or other deadly weapons of a person who has been detained or apprehended for examination of their mental condition who is found to own or have possession of a firearm or deadly weapon and to issue a receipt. Upon release of the person who was apprehended or detained for examination of their mental condition, existing law requires the confiscating law enforcement agency to initiate a petition in the superior court within 30 days for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others. This bill would prohibit the person from possessing a firearm or deadly weapon pending the hearing and would prohibit the person from having possession of a firearm or deadly weapon for a period of 5 years if the court determines that the return of the firearm or other deadly weapons would likely endanger the person or others. The bill would make a violation of this prohibition a crime, punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program. 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
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/21/19 - Introduced Current pdf February 21, 2019
- AB997 View text html
Action History
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From committee: Without further action pursuant to Joint Rule 62(a).
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In committee: Set, first hearing. Failed passage.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 24.
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Read first time. To print.
Sponsors
- Low · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Low
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 1 |
| Unaffiliated | 1 | 1 | 0 | 3 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 2 | 2 | 0 | 4 |
| % of votes cast | 25% | 25% | 0% | 50% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Diep | — | Nay |
| Jones-Sawyer | — | Not Voting |
| Kamlager-Dove | — | Not Voting |
| Quirk | — | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Wicks, Buffy | Democratic | Not Voting |
| Lackey, Tom | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 997 do?
- Existing law requires a peace officer to confiscate the firearms or other deadly weapons of a person who has been detained or apprehended for examination of their mental condition who is found to own or have possession of a firearm or deadly weapon and to issue a receipt. Upon release of the person who was apprehended or detained for examination of their mental condition, existing law requires the confiscating law enforcement agency to initiate a petition in the superior court within 30 days for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others. This bill would prohibit the person from possessing a firearm or deadly weapon pending the hearing and would prohibit the person from having possession of a firearm or deadly weapon for a period of 5 years if the court determines that the return of the firearm or other deadly weapons would likely endanger the person or others. The bill would make a violation of this prohibition a crime, punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program. 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 997?
- AB 997 is sponsored by Low.
- What is the current status of AB 997?
- This bill died with 2019-2020 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 997?
- Track AB 997 free on One Click Politics — get push/email alerts when it moves.
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