Assembly BillNo. 1296

3

8100.  

(a) A person shall not have in his or her possession or
4under his or her custody or control, or purchase or receive, or
5attempt to purchase or receive, any firearms whatsoever or any
6other deadly weapon, if on or after January 1, 1992, he or she has
7been admitted to a facility and is receiving inpatient treatment and,
8in the opinion of the attending health professional who is primarily
9responsible for the patient’s treatment of a mental disorder, is a
10danger to self or others, as specified by Section 5150, 5250, or
115300, even though the patient has consented to that treatment. A
12person is not subject to this subdivision once he or she is discharged
13from the facility.

14(b) (1) A person shall not have in his or her possession or under
15his or her custody or control, or purchase or receive, or attempt to
16purchase or receive, any firearms whatsoever or any other deadly
17weapon for a period ofbegin delete six monthsend deletebegin insert five yearsend insert whenever, on or after
18January 1,begin delete 1992end deletebegin insert 2014end insert, he or she communicates to a licensed
19psychotherapist, as defined in subdivisions (a) to (e), inclusive, of
20Section 1010 of the Evidence Code, a serious threat of physical
21violence against a reasonably identifiable victim or victims. The
22begin delete six-monthend deletebegin insert five-yearend insert period shall commence from the date that the
23licensed psychotherapist reports to the local law enforcement
24agency the identity of the person making the communication. The
25prohibition provided for in this subdivision shall not apply unless
26the licensed psychotherapist notifies a local law enforcement
27agency of the threat by that person. The person, however, may
28own, possess, have custody or control over, or receive or purchase
29any firearm if a superior court, pursuant to paragraph (3) and upon
30petition of the person, has found, by a preponderance of the
31evidence, that the person is likely to use firearms or other deadly
32weapons in a safe and lawful manner.

33(2) Upon receipt of the report from the local law enforcement
34agency pursuant to subdivision (c) of Section 8105, the Department
35of Justice shall notify by certified mail, return receipt requested,
36a person subject to this subdivision of the following:

37(A) That he or she is prohibited from possessing, having custody
38or control over, receiving, or purchasing any firearm or other
P4    1deadly weapon for a period ofbegin delete six monthsend deletebegin insert five yearsend insert commencing
2from the date that the licensed psychotherapist reports to the local
3law enforcement agency the identity of the person making the
4communication. The notice shall state the date when the prohibition
5commences and ends.

6(B) That he or she may petition a court, as provided in this
7subdivision, for an order permitting the person to own, possess,
8control, receive, or purchase a firearm.

9(3) begin insert(A)end insertbegin insert end insert Any person who is subject to paragraph (1) may petition
10the superior court of his or her county of residence for an order
11that he or she may own, possess, have custody or control over,
12receive, or purchase firearms. At the time the petition is filed, the
13clerk of the court shall set a hearing date and notify the person,
14the Department of Justice, and the district attorney. The people of
15the State of California shall be the respondent in the proceeding
16and shall be represented by the district attorney. Upon motion of
17the district attorney, or upon its own motion, the superior court
18may transfer the petition to the county in which the person resided
19at the time of the statements, or the county in which the person
20made the statements. Within seven days after receiving notice of
21the petition, the Department of Justice shall file copies of the
22reports described in Section 8105 with the superior court. The
23reports shall be disclosed upon request to the person and to the
24 district attorney. The district attorney shall be entitled to a
25continuance of the hearing to a date of not less than 14 days after
26the district attorney is notified of the hearing date by the clerk of
27the court. The court, upon motion of the petitioner establishing
28that confidential information is likely to be discussed during the
29hearing that would cause harm to the person, shall conduct the
30hearing in camera with only the relevant parties present, unless
31the court finds that the public interest would be better served by
32conducting the hearing in public. Notwithstanding any other
33provision of law, declarations, police reports, including criminal
34history information, and any other material and relevant evidence
35that is not excluded under Section 352 of the Evidence Code, shall
36be admissible at the hearing under this paragraph. begin delete If the court finds
37by a preponderance of the evidence that the person would be likely
38to use firearms in a safe and lawful manner, the court shall order
39that the person may have custody or control over, receive, possess,
40or purchase firearms. A copy of the order shall be submitted to the
P5    1Department of Justice. Upon receipt of the order, the department
2shall delete any reference to the prohibition against firearms from
3the person’s state summary criminal history information.end delete

4(B) The people shall bear the burden of showing by a
5preponderance of the evidence that the person would not be likely
6to use firearms in a safe and lawful manner.

begin insert

7(C) If the court finds at the hearing that the people have not met
8their burden as set forth in subparagraph (B), the court shall order
9that the person shall not be subject to the five-year prohibition in
10this section on the ownership, control, receipt, possession, or
11purchase of firearms. A copy of the order shall be submitted to the
12Department of Justice. Upon receipt of the order, the Department
13of Justice shall delete any reference to the prohibition against
14firearms from the person’s state mental health firearms prohibition
15system information.

end insertbegin insert

16(D) Where the district attorney declines or fails to go forward
17in the hearing, the court shall order that the person shall not be
18subject to the five-year prohibition required by this subdivision
19on the ownership, control, receipt, possession, or purchase of
20 firearms. A copy of the order shall be submitted to the Department
21of Justice. Upon receipt of the order, the Department of Justice
22shall, within 15 days, delete any reference to the prohibition
23against firearms from the person’s state mental health firearms
24prohibition system information.

end insertbegin insert

25(E) Nothing in this subdivision shall prohibit the use of reports
26filed pursuant to this section to determine the eligibility of persons
27to own, possess, control, receive, or purchase a firearm if the
28person is the subject of a criminal investigation, a part of which
29involves the ownership, possession, control, receipt, or purchase
30of a firearm.

end insert

31(c) “Discharge,” for the purposes of this section, does not include
32a leave of absence from a facility.

33(d) “Attending health care professional,” as used in this section,
34means the licensed health care professional primarily responsible
35for the person’s treatment who is qualified to make the decision
36that the person has a mental disorder and has probable cause to
37believe that the person is a danger to self or others.

38(e) “Deadly weapon,” as used in this section and in Sections
398101, 8102, and 8103, means any weapon, the possession or
P6    1concealed carrying of which is prohibited by any provision listed
2in Section 16590 of the Penal Code.

3(f) “Danger to self,” as used in subdivision (a), means a
4voluntary person who has made a serious threat of, or attempted,
5suicide with the use of a firearm or other deadly weapon.

6(g) A violation of subdivision (a) of, or paragraph (1) of
7subdivision (b) of, this section shall be a public offense, punishable
8by imprisonment pursuant to subdivision (h) of Section 1170 of
9the Penal Code, or in a county jail for not more than one year, by
10a fine not exceeding one thousand dollars ($1,000), or by both that
11imprisonment and fine.

12(h) The prohibitions set forth in this section shall be in addition
13to those set forth in Section 8103.

14(i) Any person admitted and receiving treatment prior to January
151, 1992, shall be governed by this section, as amended by Chapter
161090 of the Statutes of 1990, until discharged from the facility.

20

8103.  

(a) (1) No person who after October 1, 1955, has been
21adjudicated by a court of any state to be a danger to others as a
22result of a mental disorder or mental illness, or who has been
23adjudicated to be a mentally disordered sex offender, shall purchase
24or receive, or attempt to purchase or receive, or have in his or her
25possession, custody, or control any firearm or any other deadly
26weapon unless there has been issued to the person a certificate by
27the court of adjudication upon release from treatment or at a later
28date stating that the person may possess a firearm or any other
29deadly weapon without endangering others, and the person has
30not, subsequent to the issuance of the certificate, again been
31adjudicated by a court to be a danger to others as a result of a
32mental disorder or mental illness.

33(2) The court shall immediately notify the Department of Justice
34of the court order finding the individual to be a person described
35in paragraph (1). The court shall alsobegin insert immediatelyend insert notify the
36Department of Justice of any certificate issued as described in
37paragraph (1).

38(b) (1) No person who has been found, pursuant to Section
391026 of the Penal Code or the law of any other state or the United
40States, not guilty by reason of insanity of murder, mayhem, a
P7    1violation of Section 207, 209, or 209.5 of the Penal Code in which
2the victim suffers intentionally inflicted great bodily injury,
3carjacking or robbery in which the victim suffers great bodily
4injury, a violation of Section 451 or 452 of the Penal Code
5involving a trailer coach, as defined in Section 635 of the Vehicle
6Code, or any dwelling house, a violation of paragraph (1) or (2)
7of subdivision (a) of Section 262 or paragraph (2) or (3) of
8subdivision (a) of Section 261 of the Penal Code, a violation of
9Section 459 of the Penal Code in the first degree, assault with
10intent to commit murder, a violation of Section 220 of the Penal
11Code in which the victim suffers great bodily injury, a violation
12of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
13Penal Code, or of a felony involving death, great bodily injury, or
14an act which poses a serious threat of bodily harm to another
15person, or a violation of the law of any other state or the United
16States that includes all the elements of any of the above felonies
17as defined under California law, shall purchase or receive, or
18attempt to purchase or receive, or have in his or her possession or
19under his or her custody or control any firearm or any other deadly
20weapon.

21(2) The court shall immediately notify the Department of Justice
22of the court order finding the person to be a person described in
23paragraph (1).

24(c) (1) No person who has been found, pursuant to Section 1026
25of the Penal Code or the law of any other state or the United States,
26not guilty by reason of insanity of any crime other than those
27described in subdivision (b) shall purchase or receive, or attempt
28to purchase or receive, or shall have in his or her possession,
29custody, or control any firearm or any other deadly weapon unless
30the court of commitment has found the person to have recovered
31sanity, pursuant to Section 1026.2 of the Penal Code or the law of
32any other state or the United States.

33(2) The court shall immediately notify the Department of Justice
34of the court order finding the person to be a person described in
35paragraph (1). The court shall also notify the Department of Justice
36when it finds that the person has recovered his or her sanity.

37(d) (1) No person found by a court to be mentally incompetent
38to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
39or the law of any other state or the United States, shall purchase
40or receive, or attempt to purchase or receive, or shall have in his
P8    1or her possession, custody, or control, any firearm or any other
2deadly weapon, unless there has been a finding with respect to the
3person of restoration to competence to stand trial by the committing
4court, pursuant to Section 1372 of the Penal Code or the law of
5any other state or the United States.

6(2) The court shall immediately notify the Department of Justice
7of the court order finding the person to be mentally incompetent
8as described in paragraph (1). The court shall also notify the
9Department of Justice when it finds that the person has recovered
10his or her competence.

11(e) (1) No person who has been placed under conservatorship
12by a court, pursuant to Section 5350 or the law of any other state
13or the United States, because the person is gravely disabled as a
14result of a mental disorder or impairment by chronic alcoholism,
15shall purchase or receive, or attempt to purchase or receive, or
16shall have in his or her possession, custody, or control, any firearm
17or any other deadly weapon while under the conservatorship if, at
18the time the conservatorship was ordered or thereafter, the court
19which imposed the conservatorship found that possession of a
20firearm or any other deadly weapon by the person would present
21a danger to the safety of the person or to others. Upon placing any
22person under conservatorship, and prohibiting firearm or any other
23deadly weapon possession by the person, the court shall notify the
24person of this prohibition.

25(2) The court shall immediately notify the Department of Justice
26of the court order placing the person under conservatorship and
27prohibiting firearm or any other deadly weapon possession by the
28person as described in paragraph (1). The notice shall include the
29date the conservatorship was imposed and the date the
30conservatorship is to be terminated. If the conservatorship is
31subsequently terminated before the date listed in the notice to the
32Department of Justice or the court subsequently finds that
33possession of a firearm or any other deadly weapon by the person
34would no longer present a danger to the safety of the person or
35others, the court shall immediately notify the Department of Justice.

36(3) All information provided to the Department of Justice
37pursuant to paragraph (2) shall be kept confidential, separate, and
38apart from all other records maintained by the Department of
39Justice, and shall be used only to determine eligibility to purchase
40or possess firearms or other deadly weapons. Any person who
P9    1knowingly furnishes that information for any other purpose is
2guilty of a misdemeanor. All the information concerning any person
3shall be destroyed upon receipt by the Department of Justice of
4notice of the termination of conservatorship as to that person
5pursuant to paragraph (2).

6(f) (1) No person who has been (A) taken into custody as
7provided in Section 5150 because that person is a danger to himself,
8herself, or to others, (B) assessed within the meaning of Section
95151, and (C) admitted to a designated facility within the meaning
10of Sections 5151 and 5152 because that person is a danger to
11himself, herself, or others, shall own, possess, control, receive, or
12purchase, or attempt to own, possess, control, receive, or purchase
13any firearm for a period of 10 years after the person is released
14from the facility. A person described in the preceding sentence,
15however, may own, possess, control, receive, or purchase, or
16attempt to own, possess, control, receive, or purchase any firearm
17if the superior court has, pursuant to paragraph (5), found that the
18people of the State of California have not met their burden pursuant
19to paragraph (6).

20(2) (A) For each person subject to this subdivision, the facility
21shall immediately, on the date of admission, submit a report to the
22Department of Justice, on a form prescribed by the Department of
23Justice, containing information that includes, but is not limited to,
24the identity of the person and the legal grounds upon which the
25person was admitted to the facility.

26Any report submitted pursuant to this paragraph shall be
27confidential, except for purposes of the court proceedings described
28in this subdivision and for determining the eligibility of the person
29to own, possess, control, receive, or purchase a firearm.

30(B) Commencing July 1, 2012, facilities shall submit reports
31pursuant to this paragraph exclusively by electronic means, in a
32manner prescribed by the Department of Justice.

33(3) Prior to, or concurrent with, the discharge, the facility shall
34inform a person subject to this subdivision that he or she is
35prohibited from owning, possessing, controlling, receiving, or
36purchasing any firearm for a period of 10 years. Simultaneously,
37the facility shall inform the person that he or she may request a
38hearing from a court, as provided in this subdivision, for an order
39permitting the person to own, possess, control, receive, or purchase
40a firearm. The facility shall provide the person with a form for a
P10   1request for a hearing. The Department of Justice shall prescribe
2the form. Where the person requests a hearing at the time of
3discharge, the facility shall forward the form to the superior court
4unless the person states that he or she will submit the form to the
5superior court.

6(4) The Department of Justice shall provide the form upon
7request to any person described in paragraph (1). The Department
8of Justice shall also provide the form to the superior court in each
9county. A person described in paragraph (1) may make a single
10request for a hearing at any time during the 10-year period. The
11request for hearing shall be made on the form prescribed by the
12department or in a document that includes equivalent language.

13(5) Any person who is subject to paragraph (1) who has
14requested a hearing from the superior court of his or her county
15of residence for an order that he or she may own, possess, control,
16receive, or purchase firearms shall be given a hearing. The clerk
17of the court shall set a hearing date and notify the person, the
18Department of Justice, and the district attorney. The people of the
19State of California shall be the plaintiff in the proceeding and shall
20be represented by the district attorney. Upon motion of the district
21attorney, or on its own motion, the superior court may transfer the
22hearing to the county in which the person resided at the time of
23his or her detention, the county in which the person was detained,
24or the county in which the person was evaluated or treated. Within
25seven days after the request for a hearing, the Department of Justice
26shall file copies of the reports described in this section with the
27superior court. The reports shall be disclosed upon request to the
28person and to the district attorney. The court shall set the hearing
29within 30 days of receipt of the request for a hearing. Upon
30showing good cause, the district attorney shall be entitled to a
31continuance not to exceed 14 days after the district attorney was
32notified of the hearing date by the clerk of the court. If additional
33continuances are granted, the total length of time for continuances
34shall not exceed 60 days. The district attorney may notify the
35county mental health director of the hearing who shall provide
36information about the detention of the person that may be relevant
37to the court and shall file that information with the superior court.
38That information shall be disclosed to the person and to the district
39attorney. The court, upon motion of the person subject to paragraph
40(1) establishing that confidential information is likely to be
P11   1discussed during the hearing that would cause harm to the person,
2shall conduct the hearing in camera with only the relevant parties
3present, unless the court finds that the public interest would be
4better served by conducting the hearing in public. Notwithstanding
5any other law, declarations, police reports, including criminal
6history information, and any other material and relevant evidence
7that is not excluded under Section 352 of the Evidence Code shall
8be admissible at the hearing under this section.

9(6) The people shall bear the burden of showing by a
10preponderance of the evidence that the person would not be likely
11to use firearms in a safe and lawful manner.

12(7) If the court finds at the hearing set forth in paragraph (5)
13that the people have not met their burden as set forth in paragraph
14(6), the court shall order that the person shall not be subject to the
1510-year prohibition in this section on the ownership, control,
16receipt, possession, or purchase of firearms. A copy of the order
17shall be submitted to the Department of Justice. Upon receipt of
18the order, the Department of Justice shall delete any reference to
19the prohibition against firearms from the person’s state mental
20health firearms prohibition system information.

21(8) Where the district attorney declines or fails to go forward
22in the hearing, the court shall order that the person shall not be
23subject to the 10-year prohibition required by this subdivision on
24the ownership, control, receipt, possession, or purchase of firearms.
25A copy of the order shall be submitted to the Department of Justice.
26Upon receipt of the order, the Department of Justice shall, within
2715 days, delete any reference to the prohibition against firearms
28from the person’s state mental health firearms prohibition system
29information.

30(9) Nothing in this subdivision shall prohibit the use of reports
31filed pursuant to this section to determine the eligibility of persons
32to own, possess, control, receive, or purchase a firearm if the person
33is the subject of a criminal investigation, a part of which involves
34the ownership, possession, control, receipt, or purchase of a
35firearm.

36(g) (1) No person who has been certified for intensive treatment
37under Section 5250, 5260, or 5270.15 shall own, possess, control,
38receive, or purchase, or attempt to own, possess, control, receive,
39or purchase, any firearm for a period ofbegin delete fiveend deletebegin insert 10end insert years.

P12   1Any person who meets the criteria contained in subdivision (e)
2or (f) who is released from intensive treatment shall nevertheless,
3if applicable, remain subject to the prohibition contained in
4subdivision (e) or (f).

5(2) (A) For each person certified for intensive treatment under
6paragraph (1), the facility shall immediately submit a report to the
7Department of Justice, on a form prescribed by the department,
8containing information regarding the person, including, but not
9limited to, the legal identity of the person and the legal grounds
10upon which the person was certified. Any report submitted pursuant
11to this paragraph shall only be used for the purposes specified in
12paragraph (2) of subdivision (f).

13(B) Commencing July 1, 2012, facilities shall submit reports
14pursuant to this paragraph exclusively by electronic means, in a
15manner prescribed by the Department of Justice.

16(3) Prior to, or concurrent with, the discharge of each person
17certified for intensive treatment under paragraph (1), the facility
18shall inform the person of that information specified in paragraph
19(3) of subdivision (f).

20(4) Any person who is subject to paragraph (1) may petition the
21superior court of his or her county of residence for an order that
22he or she may own, possess, control, receive, or purchase firearms.
23At the time the petition is filed, the clerk of the court shall set a
24hearing date and notify the person, the Department of Justice, and
25the district attorney. The people of the State of California shall be
26the respondent in the proceeding and shall be represented by the
27district attorney. Upon motion of the district attorney, or on its
28own motion, the superior court may transfer the petition to the
29county in which the person resided at the time of his or her
30detention, the county in which the person was detained, or the
31county in which the person was evaluated or treated. Within seven
32days after receiving notice of the petition, the Department of Justice
33shall file copies of the reports described in this section with the
34superior court. The reports shall be disclosed upon request to the
35person and to the district attorney. The district attorney shall be
36entitled to a continuance of the hearing to a date of not less than
3714 days after the district attorney was notified of the hearing date
38by the clerk of the court. The district attorney may notify the county
39mental health director of the petition, and the county mental health
40director shall provide information about the detention of the person
P13   1that may be relevant to the court and shall file that information
2with the superior court. That information shall be disclosed to the
3person and to the district attorney. The court, upon motion of the
4person subject to paragraph (1) establishing that confidential
5information is likely to be discussed during the hearing that would
6cause harm to the person, shall conduct the hearing in camera with
7only the relevant parties present, unless the court finds that the
8public interest would be better served by conducting the hearing
9in public. Notwithstanding any other provision of law, any
10declaration, police reports, including criminal history information,
11and any other material and relevant evidence that is not excluded
12under Section 352 of the Evidence Code, shall be admissible at
13the hearing under this section. If the court finds by a preponderance
14of the evidence that the person would be likely to use firearms in
15a safe and lawful manner, the court may order that the person may
16own, control, receive, possess, or purchase firearms. A copy of
17the order shall be submitted to the Department of Justice. Upon
18receipt of the order, the Department of Justice shall delete any
19reference to the prohibition against firearms from the person’s
20state mental health firearms prohibition system information.

21(h) For all persons identified in subdivisions (f) and (g), facilities
22shall report to the Department of Justice as specified in those
23subdivisions, except facilities shall not report persons under
24subdivision (g) if the same persons previously have been reported
25under subdivision (f).

26Additionally, all facilities shall report to the Department of
27 Justice upon the discharge of persons from whom reports have
28been submitted pursuant to subdivision (f) or (g). However, a report
29shall not be filed for persons who are discharged within 31 days
30after the date of admission.

31(i) Every person who owns or possesses or has under his or her
32custody or control, or purchases or receives, or attempts to purchase
33or receive, any firearm or any other deadly weapon in violation of
34this section shall be punished by imprisonment pursuant to
35subdivision (h) of Section 1170 of the Penal Code or in a county
36jail for not more than one year.

37(j) “Deadly weapon,” as used in this section, has the meaning
38prescribed by Section 8100.

begin insert

39(k) For purposes of this section, “immediately” means a period
40of time not exceeding 24 hours.

end insertbegin insert

P14   1(l) Any notice or report required to be submitted to the
2Department of Justice pursuant to this section shall be submitted
3in an electronic format, in a manner prescribed by the Department
4of Justice.

end insert

7

8104.  

The State Department of State Hospitals shall maintain
8in a convenient central location and shall make available to the
9Department of Justice those records that the State Department of
10State Hospitals has in its possession that are necessary to identify
11persons who come within Section 8100 or 8103.begin delete These records
12shall be made available toend deletebegin insert Upon request ofend insert the Department of
13Justicebegin delete upon requestend deletebegin insert, the State Department of State Hospitals shall
14make these records available to the Department of Justice in
15 electronic format withing twenty-four hours of receiving the
16requestend insert. The Department of Justice shall make these requests only
17with respect to its duties with regard to applications for permits
18for, or to carry, or the possession, purchase, or transfer of,
19explosives as defined in Section 12000 of the Health and Safety
20Code, devices defined in Section 16250, 16530, or 16640 of the
21Penal Code, in subdivisions (a) to (d), inclusive, of Section 16520
22of the Penal Code, or in subdivision (a) of Section 16840 of the
23Penal Code, machineguns as defined in Section 16880 of the Penal
24Code, short-barreled shotguns or short-barreled rifles as defined
25in Sections 17170 and 17180 of the Penal Code, assault weapons
26as defined in Section 30510 of the Penal Code, and destructive
27devices as defined in Section 16460 of the Penal Code, or to
28determine the eligibility of a person to acquire, carry, or possess
29a firearm, explosive, or destructive device by a person who is
30subject to a criminal investigation, a part of which involves the
31acquisition, carrying, or possession of a firearm by that person.
32These records shall not be furnished or made available to any
33person unless the department determines that disclosure of any
34information in the records is necessary to carry out its duties with
35respect to applications for permits for, or to carry, or the possession,
36purchase, or transfer of, explosives, destructive devices, devices
37as defined in Section 16250, 16530, or 16640 of the Penal Code,
38in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
39Code, or in subdivision (a) of Section 16840 of the Penal Code,
40short-barreled shotguns, short-barreled rifles, assault weapons,
P15   1and machineguns, or to determine the eligibility of a person to
2acquire, carry, or possess a firearm, explosive, or destructive device
3by a person who is subject to a criminal investigation, a part of
4which involves the acquisition, carrying, or possession of a firearm
5by that person.

8

8105.  

(a) The Department of Justice shall request each public
9and private mental hospital, sanitarium, and institution to submit
10to the department that information that the department deems
11necessary to identify those persons who are within subdivision (a)
12of Section 8100, in order to carry out its duties in relation to
13firearms, destructive devices, and explosives.

14(b) Upon request of the Department of Justice pursuant to
15subdivision (a), each public and private mental hospital, sanitarium,
16and institution shall submit to the department that information
17which the department deems necessary to identify those persons
18who are within subdivision (a) of Section 8100, in order to carry
19out its duties in relation to firearms, destructive devices, and
20explosives.

21(c) A licensed psychotherapist shall immediately report to a
22local law enforcement agency the identity of a person subject to
23subdivision (b) of Section 8100. Upon receipt of the report, the
24local law enforcement agency,begin delete on a formend deletebegin insert in an electronic format,
25in a mannerend insert prescribed by the Department of Justice, shall
26immediately notify the department of the person who is subject to
27subdivision (b) of Section 8100.

28(d) All information provided to the Department of Justice
29pursuant to this section shall be kept confidential, separate and
30apart from all other records maintained by the department. The
31information provided to the Department of Justice pursuant to this
32section shall be used only for any of the following purposes:

33(1) By the department to determine eligibility of a person to
34acquire, carry, or possess firearms, destructive devices, or
35explosives.

36(2) For the purposes of the court proceedings described in
37subdivision (b) of Section 8100 to determine the eligibility of the
38person who is bringing the petition pursuant to paragraph (3) of
39subdivision (b) of Section 8100.

P16   1(3) To determine the eligibility of a person to acquire, carry, or
2possess firearms, destructive devices, or explosives who is the
3subject of a criminal investigation, if a part of the criminal
4investigation involves the acquisition, carrying, or possession of
5firearms, explosives, or destructive devices by that person.

6(e) Reports shall not be required or requested under this section
7where the same person has been previously reported pursuant to
8Section 8103 or 8104.

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9(f) For purposes of this section, “immediately” means a period
10of time not exceeding 24 hours.

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