Gun Ban for Offenders Found Mentally Incompetent to Stand Trial Signed by Governor Newsom

Sacramento - In an effort to address public safety, Assemblymember Matt Haney’s (D-San Francisco) AB 2629 has been signed by Governor Newsom. The bill notifies the Department of Justice of individuals who are found mentally incompetent to stand trial in any case so that they are unable to purchase firearms. The bill passed out of the California Legislature with strong bipartisan support, where it received a final vote in the California State Senate 39 to 1 vote and the Assembly with a final 68 to 0 vote.

The United States consistently remains one of the only countries with a persistent problem with gun violence. People in the United States are 25 times more likely to be killed in a gun homicide than those living in other developed countries. Since 2014, California has had more than 12,000 gun homicides.

“If you aren’t mentally competent enough to stand trial for a crime, then you aren’t mentally competent enough to own a gun,” said Haney. “It’s common sense.”

Currently, if a court finds that a person's mental illness makes them incompetent to stand trial during a felony criminal proceeding, the person is banned from buying or owning firearms until the court restores those rights. However, a loophole in state law only triggers a firearm ban in felony criminal cases. Individuals deemed mentally incompetent in misdemeanor cases do not have their mental incompetency reported to the Department of Justice.

“People suffering from debilitatingly severe mental illnesses should not have access to a weapon that can take their own life or the life of other people around them in seconds,” said Haney. “That poses a serious threat to both our communities and to these people themselves.”

“This important legislation closes a loophole in our laws to ensure that individuals found mentally unfit to stand trial due to a severe mental condition cannot buy or possess firearms until their mental competency has been legally reinstated,” said Attorney General Rob Bonta. “To protect against both intentional and unintentional shootings, we must ensure that firearms are possessed only by individuals who can responsibly comply with our gun safety laws and who can be held accountable for unlawful conduct. I am thankful for our partnerships that allow us to continue to build on California’s life saving progress against gun violence.”

AB 2629 would notify the Department of Justice of any case where a person is found mentally incompetent to stand trial no later than one court day after issuing the order. This will ensure that this critical information is timely reported and accurately reflected in the relevant background check systems.

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