SB 580

Under current law, a person is prohibited from possessing a firearm, and must

surrender any firearm he or she possesses, if he or she is subject to a domestic abuse

injunction, a child abuse injunction, or, if the court determines that he or she may

use a firearm to harm another or endanger public safety, a harassment injunction.

If a person surrenders a firearm due to an injunction, the firearm may not be

returned to the person until a court determines that injunction has been vacated or

has expired and that the person is not otherwise prohibited from possessing a

firearm.

Under this bill, a person is prohibited from possessing a firearm, and must

surrender any firearm he or she possesses, if he or she is subject to an

individuals-at-risk injunction and the court determines that he or she may use a

firearm to harm another or endanger public safety. As with other injunctions that

result in a firearm prohibition, a surrendered firearm under an individuals-at-risk

injunction may not be returned until a court determines that the injunction has been

vacated or has expired and that the person who surrendered the firearm is not

otherwise prohibited from possessing a firearm.

This bill requires a court, before returning a firearm surrendered under an

injunction, to request the Department of Justice (DOJ) to provide information on

whether the person who surrendered the firearm is otherwise prohibited from

possessing a firearm. This bill also allows a law enforcement agency or officer to

request DOJ to provide information about a person's eligibility to possess a firearm

if the agency or officer is doing any of the following: determining if a person who

possesses a firearm is illegally possessing the firearm following a mental health

finding that rendered him or her ineligible to possess a firearm; determining if a

candidate for employment as a law enforcement officer or a current law enforcement

officer is prohibited from possessing a firearm; and determining if a former or current

law enforcement officer is qualified for the identification that allows a former or

current law enforcement officer to carry a concealed weapon. This bill authorizes

DOJ to provide this information to courts and law enforcement upon their request.