SB 127 - An Act to Amend Section 8105 of the Welfare and Institutions Code, Relating to Firearms.

Firearms: mentally disordered persons. 2013-2014 Legislature. View bill details
Author(s):
Summary:
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and… More
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and requires the local law enforcement agency to immediately notify the Department of Justice.

This bill would instead require the licensed psychotherapist to make the report to local law enforcement within 24 hours, in a manner prescribed by the department. The bill would require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on September 9, 2013.

voted YES: 77 voted NO: 0
1 voted present/not voting

An Act to Amend Section 8105 of the Welfare and Institutions Code, Relating to Firearms.

SB 127 — 2013-2014 Legislature

Summary
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and requires the local law enforcement agency to immediately notify the Department of Justice.

This bill would instead require the licensed psychotherapist to make the report to local law enforcement within 24 hours, in a manner prescribed by the department. The bill would require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 8105 of the Welfare and Institutions Code, Relating to Firearms.
Author(s)
Ted Gaines
Co-Authors
    Subjects
    • Firearms: mentally disordered persons
    Major Actions
    Introduced1/22/2013
    Referred to Committee
    Passed Senate Committee on Public Safety4/30/2013
    Passed Senate5/20/2013
    Passed Assembly Committee on Public Safety7/02/2013
    Passed Assembly Committee on Appropriations8/14/2013
    Passed Assembly9/09/2013
    Presented to the governor (enrolled)9/12/2013
    Became law (chaptered).10/11/2013
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Public SafetyDo pass, but re-refer to the Committee on Appropriations.4/30/2013This motion PASSED the Senate Committee on Public Safety
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenateSpecial Consent #5 SB127 Gaines5/20/2013This bill PASSED the Senate
    36 voted YES 0 voted NO 3 voted present/not voting
    select this voteAssembly Committee on Public SafetyDo pass and be re-referred to the Committee on Appropriations.7/02/2013This motion PASSED the Assembly Committee on Public Safety
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.8/14/2013This motion PASSED the Assembly Committee on Appropriations
    16 voted YES 0 voted NO 1 voted present/not voting
    currently selectedAssemblySB 127 Gaines Senate Third Reading By MELENDEZ9/09/2013This bill PASSED the Assembly
    77 voted YES 0 voted NO 1 voted present/not voting
    ActionDateDescription
    Introduced1/22/2013
    1/22/2013Introduced. Read first time. To Com. on RLS. for assignment. To print.
    1/23/2013From printer. May be acted upon on or after February 22.
    1/31/2013Referred to Com. on PUB. S.
    3/19/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
    3/20/2013Set for hearing April 16.
    4/01/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
    4/10/2013Set, first hearing. Hearing canceled at the request of author.
    4/11/2013Set for hearing April 30.
    select this voteVote4/30/2013Do pass, but re-refer to the Committee on Appropriations.
    5/01/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 30). Re-referred to Com. on APPR.
    5/03/2013Set for hearing May 13.
    5/06/2013From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
    5/13/2013From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    5/14/2013Read second time. Ordered to third reading.
    5/15/2013Ordered to special consent calendar.
    5/20/2013Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly.
    5/20/2013In Assembly. Read first time. Held at Desk.
    select this voteSenate Vote on Passage5/20/2013Special Consent #5 SB127 Gaines
    6/17/2013Referred to Com. on PUB. S.
    select this voteVote7/02/2013Do pass and be re-referred to the Committee on Appropriations.
    7/03/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 2). Re-referred to Com. on APPR.
    select this voteVote8/14/2013Do pass.
    8/14/2013From committee: Do pass. (Ayes 16. Noes 0.) (August 14).
    8/15/2013Read second time. Ordered to third reading.
    9/09/2013Read third time. Passed. Ordered to the Senate.
    9/09/2013In Senate. Ordered to engrossing and enrolling.
    currently selectedAssembly Vote on Passage9/09/2013SB 127 Gaines Senate Third Reading By MELENDEZ
    9/12/2013Enrolled and presented to the Governor at 7 p.m.
    10/11/2013Approved by the Governor.
    10/11/2013Chaptered by Secretary of State. Chapter 753, Statutes of 2013.

    Total contributions given to Assemblymembers from interest groups that…

    15 times as much
    $5,550
    $1,687,544
    $398,699
    $2,091,793
    $135,050
    $135,050

    oppose this bill

    Psychiatrists & psychologists [About]
    Anti-gun control (split) [About]
    12 Organizations Support and 2 Oppose; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 8105 of the Welfare and Institutions Code, Relating to Firearms.: SB 127 Gaines Senate Third Reading By MELENDEZ

    12 organizations support this bill

    Association for Los Angeles Deputy Sheriffs
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    California Chapter of the American College of Emergency Physicians
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    California Chapters of the Brady Campaign to Prevent Gun Violence
    Senate Committee on Public Safety (2013, April 29). Senate Committee Analysis. Retrieved May 7, 2013, from Leginfo: Bill Analysis.
    California Rifle and Pistol Association
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    California State Sheriffs' Association
    Senate Committee on Public Safety (2013, April 29). Senate Committee Analysis. Retrieved May 7, 2013, from Leginfo: Bill Analysis.
    Gun Owners of California
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    Law Center to Prevent Gun Violence
    Senate Committee on Public Safety (2013, April 29). Senate Committee Analysis. Retrieved May 7, 2013, from Leginfo: Bill Analysis.
    Los Angeles Police Protective League
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    Orange County Citizens Against Gun Violence
    Senate Committee on Public Safety (2013, April 29). Senate Committee Analysis. Retrieved May 7, 2013, from Leginfo: Bill Analysis.
    Riverside Sheriffs' Association
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    San Bernardino County Sheriff's Department
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.
    South County Citizens Against Gun Violence
    Assembly Committee on Public Safety (2013, July 1). Assembly Committee Analysis. Retrieved July 22, 2013, from Leginfo: Bill Analysis.

    2 organizations oppose this bill

    California Psychological Association
    Senate Committee on Public Safety (2013, April 29). Senate Committee Analysis. Retrieved May 7, 2013, from Leginfo: Bill Analysis.
    California Right to Carry
    California Right to Carry (2013, March 3). California Bills we Oppose as of March 3, 2013. Retrieved March 8, 2013, from California Right to Carry.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Support
    $ From Interest Groups
    That Oppose
    Vote
    Katcho AchadjianRCA-35$34,050$4,000Yes
    Luis AlejoDCA-30$24,300$3,000Yes
    Travis AllenRCA-72$0$0Yes
    Tom AmmianoDCA-17$8,124$3,500Yes
    Toni AtkinsDCA-78$33,850$6,000Yes
    Frank BigelowRCA-5$10,500$0Yes
    Richard BloomDCA-50$3,250$0Yes
    Raul BocanegraDCA-39$44,600$2,000Yes
    Susan BonillaDCA-14$39,940$2,600Yes
    Rob BontaDCA-18$91,216$0Yes
    Steven BradfordDCA-62$18,000$3,000Yes
    Cheryl BrownDCA-47$17,700$0Yes
    Joan BuchananDCA-16$28,700$4,500Yes
    Ian CalderonDCA-57$39,400$1,000Yes
    Nora CamposDCA-27$35,751$1,000Yes
    Ed ChauDCA-49$33,850$1,000Yes
    Rocky ChavezRCA-76$14,800$0Yes
    Wesley ChesbroDCA-2$16,950$3,500Yes
    Connie ConwayRCA-26$34,750$7,000Yes
    Ken CooleyDCA-8$32,650$3,900Yes
    Brian DahleRCA-1$7,800$0Yes
    Tom DalyDCA-69$49,600$0Yes
    Roger DickinsonDCA-7$18,150$3,000Yes
    Tim DonnellyRCA-33$1,000$0Not Voting
    Susan EggmanDCA-13$6,900$2,000Yes
    Paul FongDCA-28$27,584$1,300Yes
    Steve FoxDCA-36$0$0Yes
    Jim FrazierDCA-11$26,600$1,000Yes
    Beth GainesRCA-6$24,200$0Yes
    Cristina GarciaDCA-58$23,700$0Yes
    Mike GattoDCA-43$40,300$4,000Yes
    Jimmy GomezDCA-51$36,193$2,000Yes
    Lorena GonzalezDCA-80$0$0Yes
    Rich GordonDCA-24$30,650$2,500Yes
    Jeff GorellRCA-44$33,200$0Yes
    Adam GrayDCA-21$58,200$3,900Yes
    Shannon GroveRCA-34$2,500$1,500Yes
    Curt HagmanRCA-55$29,900$4,500Yes
    Isadore HallDCA-64$45,600$1,300Yes
    Diane HarkeyRCA-73$11,900$0Yes
    Roger HernandezDCA-48$19,050$1,300Yes
    Chris HoldenDCA-41$40,872$0Yes
    Brian JonesRCA-71$5,000$0Yes
    Reggie Jones-SawyerDCA-59$32,000$0Yes
    Marc LevineDCA-10$2,000$0Yes
    Eric LinderRCA-60$1,000$0Yes
    Dan LogueRCA-3$27,050$1,500Yes
    Bonnie LowenthalDCA-70$19,900$1,000Yes
    Brian MaienscheinRCA-77$7,900$0Yes
    Allan MansoorRCA-74$4,000$0Yes
    Jose MedinaDCA-61$8,800$4,900Yes
    Melissa MelendezRCA-67$19,000$0Yes
    Holly MitchellDCA-54$26,081$3,000Yes
    Mike MorrellRCA-40$9,699$1,250Yes
    Kevin MullinDCA-22$23,900$1,500Yes
    Al MuratsuchiDCA-66$63,487$5,900Yes
    Adrin NazarianDCA-46$28,100$0Yes
    Brian NestandeRCA-42$35,800$1,500Yes
    Kristin OlsenRCA-12$17,900$1,500Yes
    Richard PanDCA-9$49,671$4,750Yes
    Jim PattersonRCA-23$9,800$0Yes
    Henry PereaDCA-31$45,624$1,000Yes
    John PerezDCA-53$92,600$8,750Yes
    Manuel PerezDCA-56$45,400$0Yes
    Bill QuirkDCA-20$34,176$0Yes
    Sharon Quirk-SilvaDCA-65$38,560$0Yes
    Anthony RendonDCA-63$40,347$1,300Yes
    Rudy SalasDCA-32$64,168$3,900Yes
    Nancy SkinnerDCA-15$31,705$1,000Yes
    Mark StoneDCA-29$22,800$1,000Yes
    Phil TingDCA-19$44,192$1,500Yes
    Don WagnerRCA-68$3,000$500Yes
    Marie WaldronRCA-75$3,500$0Yes
    Shirley WeberDCA-79$18,150$0Yes
    Bob WieckowskiDCA-25$39,200$3,000Yes
    Scott WilkRCA-38$9,400$0Yes
    Das WilliamsDCA-37$57,850$4,000Yes
    Mariko YamadaDCA-4$13,753$8,000Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    NamePartyDistrict$ From Interest Groups
    That Support
    $ From Interest Groups
    That Oppose
    Vote
    Katcho AchadjianRCA-35$34,050$4,000Yes
    Luis AlejoDCA-30$24,300$3,000Yes
    Travis AllenRCA-72$0$0Yes
    Tom AmmianoDCA-17$8,124$3,500Yes
    Toni AtkinsDCA-78$33,850$6,000Yes
    Frank BigelowRCA-5$10,500$0Yes
    Richard BloomDCA-50$3,250$0Yes
    Raul BocanegraDCA-39$44,600$2,000Yes
    Susan BonillaDCA-14$39,940$2,600Yes
    Rob BontaDCA-18$91,216$0Yes
    Steven BradfordDCA-62$18,000$3,000Yes
    Cheryl BrownDCA-47$17,700$0Yes
    Joan BuchananDCA-16$28,700$4,500Yes
    Ian CalderonDCA-57$39,400$1,000Yes
    Nora CamposDCA-27$35,751$1,000Yes
    Ed ChauDCA-49$33,850$1,000Yes
    Rocky ChavezRCA-76$14,800$0Yes
    Wesley ChesbroDCA-2$16,950$3,500Yes
    Connie ConwayRCA-26$34,750$7,000Yes
    Ken CooleyDCA-8$32,650$3,900Yes
    Brian DahleRCA-1$7,800$0Yes
    Tom DalyDCA-69$49,600$0Yes
    Roger DickinsonDCA-7$18,150$3,000Yes
    Tim DonnellyRCA-33$1,000$0Not Voting
    Susan EggmanDCA-13$6,900$2,000Yes
    Paul FongDCA-28$27,584$1,300Yes
    Steve FoxDCA-36$0$0Yes
    Jim FrazierDCA-11$26,600$1,000Yes
    Beth GainesRCA-6$24,200$0Yes
    Cristina GarciaDCA-58$23,700$0Yes
    Mike GattoDCA-43$40,300$4,000Yes
    Jimmy GomezDCA-51$36,193$2,000Yes
    Lorena GonzalezDCA-80$0$0Yes
    Rich GordonDCA-24$30,650$2,500Yes
    Jeff GorellRCA-44$33,200$0Yes
    Adam GrayDCA-21$58,200$3,900Yes
    Shannon GroveRCA-34$2,500$1,500Yes
    Curt HagmanRCA-55$29,900$4,500Yes
    Isadore HallDCA-64$45,600$1,300Yes
    Diane HarkeyRCA-73$11,900$0Yes
    Roger HernandezDCA-48$19,050$1,300Yes
    Chris HoldenDCA-41$40,872$0Yes
    Brian JonesRCA-71$5,000$0Yes
    Reggie Jones-SawyerDCA-59$32,000$0Yes
    Marc LevineDCA-10$2,000$0Yes
    Eric LinderRCA-60$1,000$0Yes
    Dan LogueRCA-3$27,050$1,500Yes
    Bonnie LowenthalDCA-70$19,900$1,000Yes
    Brian MaienscheinRCA-77$7,900$0Yes
    Allan MansoorRCA-74$4,000$0Yes
    Jose MedinaDCA-61$8,800$4,900Yes
    Melissa MelendezRCA-67$19,000$0Yes
    Holly MitchellDCA-54$26,081$3,000Yes
    Mike MorrellRCA-40$9,699$1,250Yes
    Kevin MullinDCA-22$23,900$1,500Yes
    Al MuratsuchiDCA-66$63,487$5,900Yes
    Adrin NazarianDCA-46$28,100$0Yes
    Brian NestandeRCA-42$35,800$1,500Yes
    Kristin OlsenRCA-12$17,900$1,500Yes
    Richard PanDCA-9$49,671$4,750Yes
    Jim PattersonRCA-23$9,800$0Yes
    Henry PereaDCA-31$45,624$1,000Yes
    John PerezDCA-53$92,600$8,750Yes
    Manuel PerezDCA-56$45,400$0Yes
    Bill QuirkDCA-20$34,176$0Yes
    Sharon Quirk-SilvaDCA-65$38,560$0Yes
    Anthony RendonDCA-63$40,347$1,300Yes
    Rudy SalasDCA-32$64,168$3,900Yes
    Nancy SkinnerDCA-15$31,705$1,000Yes
    Mark StoneDCA-29$22,800$1,000Yes
    Phil TingDCA-19$44,192$1,500Yes
    Don WagnerRCA-68$3,000$500Yes
    Marie WaldronRCA-75$3,500$0Yes
    Shirley WeberDCA-79$18,150$0Yes
    Bob WieckowskiDCA-25$39,200$3,000Yes
    Scott WilkRCA-38$9,400$0Yes
    Das WilliamsDCA-37$57,850$4,000Yes
    Mariko YamadaDCA-4$13,753$8,000Yes

    Interest Groups that support this bill

    $ Donated
    Police & fire fighters unions and associations$1,687,544
    Physicians$398,699
    Anti-gun control$6,000
    Pro-gun control$5,550

    Interest Groups that oppose this bill

    $ Donated
    Psychiatrists & psychologists$135,050
    Anti-gun control$6,000
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