Description:

Recent legislation prohibits the possession of firearms, other deadly weapons, and ammunition
for a defendant participating in mental health diversion or military diversion if a court makes
specific findings that the defendant poses a significant danger of causing personal injury to
themselves or another and that a prohibition is necessary to prevent personal injury. The
prohibition remains in effect until the defendant has either successfully completed diversion or
has their firearms rights restored under Welfare and Institutions Code section 8103(g)(4).

The Criminal Law Advisory Committee proposes a new order form for optional use to assist
courts with making the appropriate findings and orders prohibiting a defendant from owning or
possessing firearms, other deadly weapons, and ammunition while on mental health or military
diversion. The initial request for a form memorializing the court’s findings came from the
Department of Justice, Division of Law Enforcement, Bureau of Firearms.

Category: Criminal

Item Number: SPR25-14

Deadline: May 23, 2025

File: spr25-14.pdf