Firearms: persons detained or apprehended for examination of mental condition.

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.