A person subject to this ban could petition to have the ban reversed every 5 years.
For many Californians, the right to own a gun is a fundamental right. Yet in California, there are a number of restrictions on gun ownership. For example, if you are convicted of certain crimes, the state can take away your right to possess guns. And now, under a new law, California can enact a lifetime ban on gun ownership for some people with mental health issues.
Assembly Bill 1968, or AB 1968, was signed into law by Governor Jerry Brown in September 2018. It mandates a lifetime ban on gun possession for anyone who was either (1) involuntarily admitted to a facility for a mental health disorder more than once in a year (commonly referred to as a 5150 hold); and (2) is considered a danger to themselves or others. According to a criminal defense attorney San Bernardino, CA, anyone who is subject to this ban can petition the court every five years to have it reversed. AB 1968 goes into effect on January 1, 2010.
Under current law, anyone admitted to a mental health facility who is considered a danger to himself or others could own a gun five years after discharge from the facility. The person would simply have to petition the court to have their right to own a firearm restored. If a judge determined that that the person would be able to use a gun in a safe and lawful manner, their rights would be fully restored.
There are two primary reasons for this bill. First, after the spate of mass shootings in California and across the country, legislators determined that this law was insufficient, and made a change. Now, those same people who would be able to obtain a gun after five years will be subjected to a lifetime ban in gun ownership. Second, people with mental illnesses are at a greater risk of committing suicide — and the majority of suicides are carried out using guns. Enacting a lifetime ban on guns can help to protect those who are a danger to themselves or others.
As a criminal defense attorney San Bernardino, CA can explain, there will be consequences for violating this law. Under AB 1968, if a person is subject to the lifetime ban and owns, possesses, purchases or receives, or attempts to purchase or receive any firearm or other deadly weapon, he or she will be guilty of a misdemeanor offense. This carries with it a punishment of not more than one year in county jail.
While the lifetime ban may only impact a small percentage of Californians, it will have a significant effect on their lives. It is one of many new criminal justice laws that Governor Brown enacted before leaving office. An experienced criminal defense attorney San Bernardino, CA can explain the changes to California’s laws, and help you stay in compliance with the law.
At the Chambers Law Firm, we believe that each of our clients deserves a strong defense to all criminal charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a seasoned criminal defense attorney San Bernardino, CA.
