Dear Joe

Q  

Could you please send me some information on the California Prohibited Status Check. I would like to get something like that in Virginia. All we can do right now is run the CCH and with that, check on psych issues. If someone volunteers for mental commitment, we don't see that info. I had a case where someone threatened suicide by one means, with a gun nearby. The gun was taken for safekeeping while he volunteered commitment for a few days. When he got out, he called to make arrangements to pick up his gun. I stalled the release knowing the situation. A couple of weeks later he committed suicide another way. This could have been a large liability problem for our department. I want to get something into place to prevent this from happening again.  

Thanks,

Lynn In Virginia

A  

Dear, Lynn In Virginia  

Given the recent tragedy in Newtown, Connecticut, your question is most timely. Having served for 31 years in law enforcement in the State of California I can attest that there have been a myriad of changes in our state's gun laws.

 

In response to your question, California State laws related to returning guns and prohibited status have been on the books for at least 15 years and are among the most rigid in the country.

 

Based upon California statutes, the State's Department of Justice (DOJ) is obligated to conduct all background inquiries before for any law enforcement agency can release a gun. This procedure relieves the local department of having this responsibility. In California if law enforcement takes custody of a firearm, whether it be in a criminal case, found property or property for safekeeping, the department holding the firearm cannot return the firearm to the owners without the DOJ background clearance. Note: The state isn't saying the person can have the gun, they are say at the time of the inquiry he or she wasn't prohibited. Within the California DOJ, the Bureau of Firearms has a Firearms Denial Unit; it is this Unit that does the background checks. During our Association's two day "Property and Evidence Management Class," when participants learn of the California prohibited status background check procedures, i.e. being centralized at the state level, most Evidence Custodians express that they would love to have a similar statute and procedure in their home state.

 

Here are a few URLs/links that may provide you with the specific information that you may need:

California Department of Justice

   

• Office of the Attorney General, State of California,regarding firearms  
• Frequently Asked Questions: Re Firearms, State of California, Office of the Attorney General:

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