HomeMy WebLinkAboutMINUTES - 10011991 - IO.6 I .O. -6
TO: BOARD OF SUPERVISORS Contra
..L
FROM: INTERNAL OPERATIONS COMMITTEE Costa
�.0 C
September 23 1991 '"`"'° F `` County
.y
DATE: p r��''� �P
REPORT REGARDING THE NEED FOR ADDITIONAL LAWS REGULATING' THE
SUBJECT: ABILITY OF AN INDIVIDUAL WITH A HISTORY OF MEN'I'AL ILLNESS FROM
OBTAINING A HAND GUN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Authorize the Chair to send a letter to the Attorney General
of California on behalf of the Board of Supervisors,
suggesting that data on individuals who have been confined
on the basis of mental illness or instability be retained
beyond the current five year period solely for research
purposes to determine whether any additional statutory
restrictions would be helpful in protecting the general
publicfrom individuals who have a history of mental illness
or instability by providing additional barriers to such
individuals` ability to obtain a weapon.
2. Remove this item as a referral to our Committee.
BACKGROUND:
On July 9, 1991 the Board of Supervisors approved recommendations
from our Committee on the subject of steps that could be taken to
prevent an individual with a history of mental illness or
instability from obtaining a weapon in the future.
On September 23, 1991 our Committee met with Tom Moore from the
Sheriff ' s Department and reviewed the attached report on this
subject. It seems clear that there are a great many restrictions
in place in state and federal law which assist in preventing an
individual with a documented case of mental illness or
instability from obtaining a gun for specified period of time in
CONTINUED ON ATTACHMEW1P YES SIGNATURE:
RECOMMENDATION OF COUEHRODER
R RECOMMENDATION OF BOARD COMMITTEE
APPROVE �SIGNATURE s: SUNNE WRIGHT MCPEAK
ACTION OF BOARD ON October 1, 1991 APPROVED AS RECOMMENDED X_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I + I I I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED October 1, 1991
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
0
M382 (10/88) BY DEPUTY
I .O. -6
the future, up to five years after discharge from a mental
hospital.
Our Committee is pleased that so many safeguards are in place.
However, individuals with mental problems continue to be able to
obtain guns and other weapons and use them in irrational attacks
on innocent individuals. We are suggesting that the Board write
to the California Attorney General and suggest that when data is
removed from records at the end of the five year following
discharge from a mental institution that the data be retained
separately solely for research purposes to determine whether
there are any indications that retaining such data for longer
periods of time would prevent any additional tragic incidents
where such an individual was able to obtain a gun legally
following the completion of a five year period after
hospitalization.
cc: County Administrator
Sheriff-Coroner
Health Services Director
Mental Health Director
County Counsel
SHERIFF—CORONER'S DEPARTMENT
Contra Costa County
Administration Division
646-2216 Contra Costa County
Date: July 29, 1991
RECEIVED
To: Phil Batchelor, County Administrator A'U11 G 0 C; 1991
Attn: Claude Van Marter
Office of
From: Richard K. Rainey, Sheriff-Coroner
CA-dministrator
By: Gerald T. Mitosinka, Assistant Sheriff-►
Subject: Report on Possession of Deadly Weapons
BACKGROUND
On June 24, 1991, the Sheriff reported to the internal operations committee with
regard to the ability of an arrestee, who is in possession of a deadly weapon, to
recover such weapon, when there is evidence of mental illness or instability.
The committee had further concerns on the extent to which the Department of
Justice screens for past mental illness before allowing an individual to purchase a
gun or other deadly weapon. The committee had five specific questions which are
addressed below.
QUESTIONS BY THE COMMITTEE
1 . What is the process which is currently followed when an individual wishes to
purchase a handgun or a rifle in California?
Effective January 1, 1991, the purchase of "long guns" such as rifles and
shotguns is subject to the same screening process as is the purchase of
concealable firearms. Additionally, private firearms sales are now required to
be processed through a licensed dealer. The purchaser is required to fill
out a "Dealers Record of Sale", two copies of which are forwarded to the
Department of Justice. One copy remains with the dealer, and one copy is
sent to the local police department or sheriff's department. At this point a
15 day waiting period begins. If the sale is a private sale, the firearm is
held by the licensed dealer until the D.O.J. check is complete, with the
purchaser picking up the firearm from the licensed dealer.
2. During the waiting period, what checking of criminal or other records takes
place? Can you generally outline the process which is followed from the point
where an individual goes into a gun store asking to buy a weapon until they
are approved for such a purchase?
Upon receipt of the dealer record of sale, the Department of Justice checks
the following records:
A. Department of Justice Criminal History File for any disqualifying
criminal convictions (§12021 P.C. )
B. National Crime Information Center, maintained by the Federal Bureau of
Investigation, for any out of state disqualifiers
Possession of Deadly Weapons
July 29, 1991
Page 2
C. Department of Justice Data Banks for:
(1 ) Persons described in §8100 and §8103 of the Welfare and
Institutions Code, which includes:
• Mental patients
• Persons on leave from mental institutions
• Persons adjudicated by a court to be a danger to others
• Mentally disordered sex offenders
• Persons convicted of certain crimes
• Persons found mentally incompetent to stand trial
• Persons placed under conservatorship by a court pursuant to
§5350 Welfare & Institutions Code
(2) Persons subject to a restraining order involving domestic violence
3. Does the Department of Justice (or any other agency) currently attempt to
determine whether the individual wishing to purchase a weapon has any
history of mental illness? If so, what records are checked? If not, why not?
Yes, in the event a person is committed by competent medical -authority, or
judged a ward of the court for mental incompetence involving the possibility
of danger to ones self or to others, those facts are reported to the
Department of Justice and would be maintained in the Department of Justice
databank.
4. Would a hold and referral pursuant to §5150 of the Welfare & Institutions
Code show up on a criminal records clearance?
Yes, all 5150 commitments, as well as voluntary commitments, are reported to
the Department of Justice. The prohibition to purchase firearms remains
effective for five years following the date of discharge.
5. As is indicated above, would you support additional legislation, should it be
needed, to require that before an individual can obtain a hand gun or rifle
some effort be made to determine whether the individual has recently been
hospitalized for mental illness or psychiatric observation?
It appears that sufficient safeguards are in place to prohibit the sale of
firearms to persons with a current history of mental illness.
ADDITIONAL LEGISLATION
Federal legislation affects the purchase of firearms by California residents as
follows:
Purchase of Firearms
An individual who is not a federally licensed dealer may purchase or receive
rifles and shotguns from a dealer in another state if all federal, state, and
local laws in both states are complied with. Handguns may be bought only
within one's state of residence.
Possession of Deadly Weapons
July 29, 1991
Page 3
Sale or Gift of Firearms
A non-dealer may not sell any firearm to a resident of a state other than his
own. Gifts and other transfers of firearms are also limited to in-state
transfers.
Shipping Firearms
Mail order sales of firearms are prohibited. Personally owned rifles and
shotguns may be mailed or shipped only to dealers or manufacturers.
Handguns may not be mailed by non-dealers. Firearms and ammunition
delivered to common carriers for shipment (e.g. United Parcel Service,
moving companies, buses, airlines) must be accompanied by written notice to
the carrier of the contents of the shipment. Ammunition shipments must
comply with strict explosives regulations. Airline passengers traveling with
firearms must. pack them unloaded in locked luggage and have the luggage
stored in a baggage compartment inaccessible to passengers during flight.
Additionally, AB 664, if adopted will modify reporting requirements, to include
the requirement to report to Department of Justice a person who communicates to
a licensed psychotherapist a serious threat of physical violence against a
reasonably identifiable victim, only if the psychotherapist subsequently notifies a
local law enforcement agency of the threat. Such a person would be restricted
from possessing or purchasing any firearm or deadly weapon for 6 months.
RKR:mr
Attachment
cc: Lt. Tom Moore
File
c
AGENCY USE ONLY
DATE ru zv ,19 �l TIME $.A jq
J IF PURCFIA_SER CLA24S PEACE OFFICER STATUS PER 1208 P.C_BITER
ONE FIREARM[PER DROS DOCUMENT
AGENCY NAME
MANUFACTURERS NAME(AS STAMPED ON GUN) (CQLT.SSW,ETOL) MODEL(As STAMPED ON GUN)Ian.ReDMAwIr,Erna
4 r41F91 CA N b t 991 At Cy-iFe c o,-P, M w l
SERIAL NUM BEA(AS STAMPED ON GUN) OTHER NUMBER(IF 00FCiENr FROM SMO.LNUMeEQ
a & I
CALIGER TY :(CH
PE OF HANDGUNECK) CHE NE
f -- J Q REVOWER(PR) X D6RAINGER JPD) O FRAMEONLY NEW useo
1 0 SEMI AUTp(PQ 0 SINGLESHOT(PS)
0 OTHER
I-
-9ARREI-lANWN-. - COGDR OF•GUN: •— -� - OTHER ORIGIN(OF/GUN(US!A.ITALY.ETC.)
3 !rVt�fs 0 BLUESTm(BLU) STAJNV=(II) O of .5A
NAME OF PURCHASER (LAST) (FIRST) (MIDDLE) DATE OF BIRTM
oil Mo ICAY a IYR
LOCAL ADDRESS,IF TRAVELING OR TEMPORARLLY) -
P S ATE AND ZIP a6H
TION OF ba--NO- P R S TELEPHONE
--- --j Ir"ZEN .I..
OCCUPATION D SEX HAIR EYES HEIGHT WEIGHT
A41 C-
CHECK YES OR NO
O YES NO HAS PURCHASER EVER BEEN CONVICTED OF A FELONY OR OF AN OFFENSE SPECIFIED W PENAL.COOS SECTION 12021,1 OR 12007.8?
IS PURCHASER ADDICTED TO THE USE OF NARCOTICS?
O YES kNO (PENALCODESECTION12021)
O YES kNO IS PURCHASER A MENTAL PATMINT OR ON LEAVE OF ABSENCE FROM A MENTAL HOSPITAL?(8100-WELFARE AND INS iT UT)ONS CODE)
HAS RJRCHASER EVER 898N Aa=ICATED BY A OOUR'TTD BEA DANGER To OTHERS,FOUND NOT GUILTY 13Y REASON OF INSANITY OF ANY
0 �' CRIME OR FOUND INCOMPETENT TO STAND TRIAL FOR ANY CRIME?(8103-�ARE AND INSTITUTIONS CODc)
NATURE OF PURCHASER
ALES B EN PRIVATE PARTIES
NAME OF SE11ER ({AST) FIRST) (MLOOLE) AGENCY USE ONLY
PERMANENT ADDRESS(STREET'AND NUMBER GIN.STATE AND ZIP CODE)
DATE OF BIRTH
mo pwv YR
IDENTIFICATIONtOFSELLER(ORNFrrsUOFxasiwo.� DESCENT SELLrRSTELPHONE
Sr.NATURE OF SELLER
DEALER INFORMATION
DEALER(FIRM NAME AS SHOWN ON LICENSE TO SEt L) DEALAKS TELEPHONE
ADDRESS OF FIRM(STREET AND NUMBER.CITYAND ZIP CODE)
15 bo&4vdab
MAILING ADDRESS.IF DIFFERENT ,
SIGNATURE OF SALESPERSON.
FALSIFICATION OF INFORMATION ON THIS FORK[IS A MISDEMEANOR(PENAL CODE,12076)