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California bill aims to close gun loophole for mentally incompetent

August 28, 2024 | Public Safety, Standing Committees, California State Senate, Senate, Legislative, California


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California bill aims to close gun loophole for mentally incompetent
In a recent government meeting, significant discussions centered around proposed legislation aimed at enhancing public safety by addressing firearm access for individuals deemed mentally incompetent to stand trial. Assemblymember Haney introduced Assembly Bill 2629, which seeks to close a loophole in existing laws that currently allows such individuals to purchase firearms, particularly in misdemeanor cases.

The bill aims to align state law with federal regulations, which already prohibit firearm purchases for those found mentally incompetent in felony cases. Supporters, including representatives from the Bureau of Firearms and the California Department of Justice, emphasized the necessity of this legislation to prevent dangerous situations where individuals retain access to firearms despite their mental health status.

During the meeting, it was noted that the current lack of a state prohibition for misdemeanor cases results in the Department of Justice not receiving crucial information from the courts, hindering their ability to block background checks for firearm purchases. This gap in the law has raised concerns about public safety, particularly in instances involving violent offenses.

While the bill received support from various stakeholders, including the Los Angeles County District Attorney's Office, some opposition was voiced by the ACLU, which expressed concerns about potential overreach and the implications for individuals with mental health issues. However, discussions are ongoing to clarify the bill's intent and ensure it does not lead to unnecessary prosecutions.

The committee voted on several other bills during the meeting, with multiple motions passing to appropriations, indicating a busy legislative agenda. The discussions around AB 2629 highlight a critical step towards tightening firearm regulations in California, aiming to protect both individuals and the community at large.

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