Firearms: prohibited persons.

Existing law prohibits a person who has been convicted of a felony offense or a specified misdemeanor domestic violence offense from possessing or receiving a firearm. Existing law prohibits a person who has been convicted of specified misdemeanor offenses within the previous 10 years from possessing or receiving a firearm. Existing law prohibits a person who has been taken into custody because that person is a danger to themselves or others, or has been certified for intensive treatment due to a mental disorder or mental illness, from possessing or receiving a firearm, as specified. Existing law prohibits a person who has been placed under conservatorship by a court, has been found mentally incompetent to stand trial, has been found not guilty of specified crimes due to reason of insanity, has been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender from possessing or receiving a firearm, as specified. A violation of any of the prohibitions is punishable as a crime. Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. This bill would, on July 1, 2024, authorize the prosecution to request an order from the court, as specified, to prohibit a defendant subject to pretrial diversion from owning or possessing a firearm because they are a danger to themselves or others until they successfully complete diversion or their firearm rights are restored, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 1412 to be operative only if this bill and AB 1412 are enacted and this bill is enacted last. 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.