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Gov. Gavin Newsom signed, on Sept. 26, a bill aimed at closing a legal loophole regarding firearm possession for criminal defendants enrolled in pretrial mental health diversion for felony or specific misdemeanor charges.
The legislation, introduced by Assemblywoman Sharon Quirk-Silva, D-Fullerton and Assemblywoman Diane Papan, D-San Mateo, adds a new layer to the state's
“Anything we can do to reduce the amount of guns on our streets is a step toward making our communities safer," said Papan. "This legislation simply integrates California’s existing mental health firearm restrictions with Mental Health Diversion programs, underscoring California’s commitment to public safety.”
The recently enacted AB 455 allows prosecutors, including those in San Mateo County, to petition the court to prohibit program enrollees from possessing or owning firearms if they are deemed a potential threat to themselves or the public. This restriction will persist until the defendant either completes the diversion program or their firearm rights are reinstated.
The new law comes as a reinforcement to the mental health diversion program established in 2018. This program was designed to give defendants an opportunity to access treatments that address the root causes of their criminal behavior, potentially allowing them to avoid certain criminal convictions.
AB 455 was one of several gun safety laws signed into legislation on Sept. 26. Newsom signed a pair of bills authored by Assembly member Marc Berman, D-Menlo Park. The bills allow the Department of Justice to conduct firearm inspections and also require firearm sellers to provide information about the risks of gun ownership.
