The State Department of Mental Health must maintain in a central location the records necessary to identify persons prohibited from possessing or obtaining firearms or other dangerous weapons and must make the records available to the Department of Justice upon request. The DOJ must only make requests as necessary to carry out its duties in regards to applications for permits for firearms or other listed dangerous weapons or determining eligibility to possess such. These records should not be disclosed to any person unless the DOJ finds it necessary in order to perform the such duties.
A licensed psychotherapist must immediately report the identify of a person subject to 8100(b) [patient with possession/control of a firearm who makes a serious threat of physical violence against a reasonably identifiable victim(s)] to a local law enforcement agency. The law enforcement agency must immediately notify the Department of Justice of the person subject to 8100(b).
Notwithstanding Welf. & Inst. 8103(g), mental health facilities shall not report to the Department of Justice persons certified for intensive treatment for a mental disorder or impairment by chronic alcoholism if the same persons have already been admitted and reported to the DOJ on the basis of their being a threat to themselves or others. All facilities shall report to the DOJ upon the discharge of such persons (who are a threat to themselves/others and persons certified for intensive treatment for a mental disorder or impairment by chronic alcoholism) for whom reports have been submitted.
A person placed under conservatorship by a court as a result of a mental disorder or impairment by chronic alcoholism cannot purchase, receive or possess any firearm or deadly weapon. The court shall immediately notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or deadly weapon possession.
Persons who have been found to be a danger to others due to a mental disorder or mental illness, found not guilty of a non-violent crime by reason of insanity, or found mentally incompetent to stand trial cannot purchase, receive or possess any firearm or deadly weapon, unless the court of adjudication has issued a certificate upon their release stating that the person may possess a firearm or deadly weapon without endangering others, the court of commitment has found the person to have recovered sanity, or there has been a finding of restoration of competence to stand trial by the committing
Persons found not guilty of murder, mayhem, etc. (violent crimes in which the victim suffers intentionally inflicted great bodily injury) by reason of insanity, cannot purchase or receive or possess any firearm or deadly weapon. The court shall immediately notify the Department of Justice of the court order finding the person to be someone who cannot possess a firearm or any other deadly weapon.
