Firearms: prohibited persons.

Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm, as specified. Existing law also prohibits a person who has been adjudicated 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, a person who has been found not guilty by reason of insanity of committing specified crimes, a person found by a court to be mentally incompetent to stand trial, or a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of a firearm or any other deadly weapon. A violation of these prohibitions is a crime. This bill would, among other things, expand those prohibitions to also prohibit the ownership, possession, custody, or control of ammunition. The bill would require a person subject to the prohibition because they are a danger to themselves or others as a result of a mental health disorder to relinquish a firearm, other deadly weapon, or ammunition they own, possess, or control within 72 hours of discharge from a facility, as specified, and would require a person subject to the prohibition because they are a person who has been adjudicated 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, or a person who has been found not guilty by reason of insanity of committing specified crimes, to relinquish to law enforcement a firearm, other deadly weapon, or ammunition in their custody or control within 14 days of the court order finding the person to be a person as described. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized include a firearm or other deadly weapon that is owned by, in the possession of, or in the custody or control of specified individuals. This bill would additionally authorize a search warrant to be issued on the grounds that the property to be seized includes ammunition and is owned by, in the possession of, or in the custody or control of specified individuals. This bill would incorporate additional changes to Section 1524 of the Penal Code proposed by SB 899 to be operative only if this bill and SB 899 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 8103 of the Welfare and Institutions Code proposed by AB 2629 and SB 1025 to be operative only if this bill and one or both of those bills 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.