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Marginalia
Code · California · Welfare and Institutions Code

§ 8105

436 words·~2 min read·/ca/welfare-and-institutions-code/8105

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(a)The Department of Justice shall request each public and private mental hospital, sanitarium, and institution to submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision
(a)of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives.
(b)Upon request of the Department of Justice pursuant to subdivision (a), each public and private mental hospital, sanitarium, and institution shall submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision
(a)of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives.
(c)A licensed psychotherapist shall report to a local law enforcement agency, within 24 hours, in a manner prescribed by the Department of Justice, the identity of a person subject to the prohibition specified by subdivision
(b)of Section 8100. Upon receipt of the report, the local law enforcement agency, on a form prescribed by the Department of Justice, shall notify the department electronically, within 24 hours, in a manner prescribed by the department, of the person who is subject to the prohibition specified by subdivision
(b)of Section 8100.
(d)All information provided to the Department of Justice pursuant to this section shall be kept confidential, separate, and apart from all other records maintained by the department. The information provided to the Department of Justice pursuant to this section shall be used only for any of the following purposes:
(1)By the department to determine eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives.
(2)For the purposes of the court proceedings described in subdivision
(b)of Section 8100, to determine the eligibility of the person who is bringing the petition pursuant to paragraph
(3)of subdivision
(b)of Section 8100.
(3)To determine the eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives who is the subject of a criminal investigation, or who is the subject of a petition for the issuance of a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code, if a part of the investigation involves the acquisition, carrying, or possession of firearms, explosives, or destructive devices by that person.
(e)Reports shall not be required or requested under this section if the same person has been previously reported pursuant to Section 8103 or 8104.
(f)This section shall become operative on January 1, 2016.
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