Report 2013-103 Recommendation 34 Responses

Report 2013-103: Armed Persons With Mental Illness: Insufficient Outreach From the Department of Justice and Poor Reporting From Superior Courts Limit the Identification of Armed Persons With Mental Illness (Release Date: October 2013)

Recommendation #34 To: Justice, Department of

To ensure that it fully supports its decision to apply federal prohibition terms to individuals, Justice should review all applicable federal and state laws and continue to seek clarification from the ATF and any other appropriate federal agencies to determine whether California's firearms restoration process meets federal criteria and, if not, why it does not. Justice should issue a report to the Legislature, within one year, detailing the results of its review and, if applicable, communicate why California's restoration process does not meet federal criteria and the impact that it has on prohibited persons who live in California.

Annual Follow-Up Agency Response From November 2017

The Department contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and the Federal Bureau of Investigations' (FBI) National Instant Criminal Background Check System (NICS) requesting a review of California's process for restoration of firearms rights due to mental health prohibitions. BATFE responded indicating that California should implement statutory changes to its state process for restoration of firearms rights due to mental health prohibitions in order to be in compliance with the NICS Improvement Amendments Act of 2007. The Department is reviewing the suggested changes and intends to prepare proposed legislative fixes to the governing statutes.

  • Estimated Completion Date: Unknown

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented


Annual Follow-Up Agency Response From October 2016

The Department contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and requested a review of California's process for restoration of firearms rights due to mental health prohibitions. The Department has requested a response from BATFE by the end of 2016.

  • Estimated Completion Date: December 2016

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From October 2015

The Department is still awaiting a determination from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) regarding a review of California's process for restoration of firearms rights due to mental health prohibitions. The Department sent emails to the BATFE counsel in March, April and October 2014 requesting to speak regarding the status of their determination. The Department will continue to seek a response from BATFE. A fourth request will be sent again in November 2015.

  • Completion Date: September 2014

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Justice has not yet reported to the Legislature about the results of its review of all applicable federal and state laws related to firearm restorations.

  • Auditee did not address all aspects of the recommendation

1-Year Agency Response

The Department is still awaiting a determination from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) regarding a review of California's process for restoration of firearms rights due to mental health prohibitions. The Department sent emails to the BATFE counsel in March, April and October of 2014 requesting to discuss the status of their determination.

  • Completion Date: October 2014
  • Response Date: October 2014

California State Auditor's Assessment of 1-Year Status: Partially Implemented

Justice has reached out to the ATF and has indicated in its response that it is still waiting for a response. However, Justice has not yet reported to the Legislature about the results of its own review of the California restoration process and how that restoration process does or does not meet federal criteria. As a result, we continue to assess this recommendation as partially implemented.

  • Auditee did not address all aspects of the recommendation

6-Month Agency Response

The Department is still awaiting a determination from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) regarding a review of Californias process for restoration of firearms rights due to mental health prohibitions. The Department sent emails to BATFE counsel in March and April 2014 requesting to speak with them regarding the status of their determination.

  • Estimated Completion Date: October 2014
  • Response Date: April 2014

California State Auditor's Assessment of 6-Month Status: Partially Implemented


60-Day Agency Response

The Department sent a letter to both ATF and FBI NICS on November 7, 2013 requesting a review of California's process for restoration of firearm rights due to mental health prohibitions. Subsequently, on November 12, 2013, Bureau of Firearms Chief Stephen Lindley received a call from ATF Counsel Jeanne Miller. DAG IV Kimberly Granger spoke to ATF Counsel Miller on November 19, 2013, and was advised that ATF is conducting research on California's restoration processes.

  • Estimated Completion Date: October 2014
  • Response Date: December 2013

California State Auditor's Assessment of 60-Day Status: Partially Implemented


All Recommendations in 2013-103

Agency responses received are posted verbatim.


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