Assemblymember McCarty and Senator Nielsen Introduce Bipartisan Red Flag Firearm Bill

Friday, February 21, 2020

(SACRAMENTO, CA) – In a bipartisan effort to keep California communities safer, Assemblymember Kevin McCarty and Senator Jim Nielsen introduce AB 3127 – Extreme Risk Warning – to give local law enforcement throughout California the information they need to address prohibited individuals attempting to purchase deadly weapons.

According to the DOJ’s 2018 report to the Legislature, there are over 23,000 cases of people who have attempted to purchase/register a firearm despite being under a prohibited status. Currently, the DOJ is under no obligation to notify local law enforcement to quickly investigate firearm purchases.

Specifically, AB 3127 requires the Department of Justice to notify local law enforcement if a person prohibited from owning, purchasing, receiving or possessing a firearm or ammunition has attempted to purchase or acquire a firearm/ammunition. Local agencies have the ability to immediately respond to lost or stolen firearm reports, and they are often familiar with prohibited individuals or their family members.

AB 3127 will ensure the Department of Justice notifies local law enforcement within 24 hours of receipt of any firearm and ammunition purchases within each respective jurisdiction. This bill would also require the DOJ to notify the relevant county mental health department, if the person who is prohibited from owning or possessing a firearm is prohibited because of a mental illness.

“The ability for the DOJ to collaborate with local law enforcement is one of the most powerful tools to keep deadly weapons from falling in the hands of those most likely to perpetuate gun violence,” said Assemblymember Kevin McCarty (D-Sacramento). “This bipartisan legislation is a proactive step to further enable local law enforcement to prevent tragedies before they happen.”

“California’s program to take guns away from criminals and those with mental illness must be fixed. Local law enforcement and the county department of mental health must be notified when these individuals possess a firearm or attempt to obtain ammunition,” said Senator Jim Nielsen (R-Tehama), principal co-author of AB 3127.

“This legislation would provide local law enforcement with critical information when a person in crisis is attempting to get a firearm. Law enforcement officers are often in the best position to assess when a person in crisis is a risk to themselves or others. We are grateful to have Assemblymember McCarty’s continued leadership in keeping California children and families safe,” said Samantha Dorf, California Chapter Co-Lead for Moms Demand Action for Gun Sense in America.

AB 3127 is co-authored by Assemblymembers David Chiu, Rob Bonta, Cottie Petrie-Norris, Sharon Quirk-Silva, Jesse Gabriel, and Senator Henry Stern.

AB 3127 is supported by Moms Demand Action for Gun Sense in America and Everytown for Gun Safety.

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