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AB 2339

Firearms: prohibited persons.

2025-2026 Regular Session Introduced by Mike Gipson

Expands and tightens firearm prohibitions by enhancing DOJ access to sealed juvenile records, strengthens reporting and confidentiality rules, and broadens mental health-based fire

Read third time. Passed. Ordered to the Senate.
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Bill Summary · AB 2339

Summary of AB 2339 (2025-2026) — Firearms: Prohibited Persons

Note: This summary analyzes AB 2339 as amended during the 2025-2026 California legislative session. It focuses on the bill’s main purpose, key provisions, affected populations, and procedural/timeline aspects.

Primary Purpose and Intent

  • AB 2339 expands and clarifies California’s existing firearms prohibitions and the processes by which individuals, particularly juveniles and certain mental health/validation scenarios, are determined ineligible to own or possess firearms, destructive devices, or ammunition.
  • The bill aims to tighten information sharing between juvenile courts, mental health facilities, and the California Department of Justice (DOJ); require certain reports and identification data to be submitted to DOJ; and create stricter confidentiality and procedural safeguards around sensitive information while enabling targeted use of that information for firearm eligibility determinations and related orders.

Key Provisions and Changes

1) Juvenile Prohibition and Court Reporting (Penal Code Section 29820)

  • Existing rule: A juvenile ward of the court for specified serious/violent offenses cannot own/possess a firearm until age 30.
  • AB 2339 would require the juvenile court to notify DOJ if a juvenile petition, which previously subjected the juvenile to firearm ineligibility, is dismissed.
  • The bill also clarifies that DOJ may use a sealed record to determine firearm eligibility and, if appropriate, provide the individual with a copy of the reviewed sealed record.

2) Sealed Records and DOJ Access (Welfare and Institutions Code Sections 786; 8103; 8105)

  • Sealed juvenile records containing a sustained petition that renders a person ineligible to own/possess a firearm until age 30 may be destroyed at the appropriate age (33), but records may be accessed for specific purposes:
    • DOJ may review sealed records to determine firearm eligibility and disclose relevant information to the individual if determination is negative.
    • DOJ would keep certain information confidential, separate from other DOJ records, with limited exceptions (e.g., for gun violence restraining orders or other specified circumstances).
  • The bill emphasizes confidentiality and restricts how information can be used or disclosed, with misdemeanor penalties for improper disclosure.

3) Mental Health Provisions and Firearm Prohibition (Welfare and Institutions Code Sections 8103; 8105)

  • The bill maintains firearm prohibitions for individuals who are dangerous due to mental health disorders and expands the reporting framework for transfers between facilities.
  • It requires the facility admitting a person to be responsible for submitting the required DOJ report if a person is transferred between facilities.
  • If a person is released from intensive treatment after being certified for intensive treatment, the five-year firearm prohibition continues, and the facility must provide DOJ with the relevant notification forms.
  • Adds confidentiality protections for information related to conservatorships and mental health prohibitions, while allowing limited disclosures for specified law enforcement/public safety purposes.

4) Intensive Treatment and Hearing Procedures (Section 8103(g) related)

  • For individuals certified for intensive treatment, the bill reiterates a five-year firearm prohibition (or lifetime in certain repeat circumstances) and outlines/fine-tunes the hearing process to determine whether the person may own or possess firearms.
  • The district attorney represents the People in these hearings; procedures specify timelines for filing, disclosure of reports, continuances, and in-camera hearings when necessary to protect confidential information.
  • The burden of proof in these hearings remains preponderance of the evidence that the person would not be likely to use a firearm safely.

5) Prohibition Relinquishment and Hearing Rights (General)

  • Discharges from facilities require informing the person of firearm prohibitions and their right to a hearing to request firearm eligibility restoration.
  • If a hearing determines eligibility, the court may remove firearm prohibitions and DOJ would delete corresponding records.

6) Data Elements and Use of Information (DOJ)

  • DOJ reports must include identifying information (full name, driver’s license/state ID, date of birth, gender, ethnicity, SSN if available).
  • Information disclosed to DOJ can be used to determine firearm eligibility and to support gun violence restraining order processes and related investigations.
  • Unauthorized disclosure of this information remains a misdemeanor.

Who Would Be Affected

  • Juveniles adjudicated as wards of the juvenile court for specified offenses leading to firearm ineligibility.
  • Juveniles with sealed records where firearm eligibility is reviewed by DOJ.
  • Individuals who have been admitted to designated mental health facilities (including those certified for intensive treatment) and are prohibited from firearms for five years (or longer in certain recidivist cases).
  • Facilities and DOJ personnel responsible for reporting and handling firearm prohibition data.
  • Courts (juvenile and superior courts) handling dismissals, sealing, and hearings related to firearm eligibility.
  • Law enforcement agencies and licensed firearm dealers in processes involving relinquishment and storage during prohibition periods.

Procedural and Timeline Aspects

  • Notification duties: Juvenile courts must notify DOJ of dismissals that affect firearm eligibility; courts must notify DOJ of various orders and certificates related to mental health prohibitions.
  • Sealing/destruction timelines: For dismissed petitions, sealed records have specified destruction timing (often tied to age thresholds, e.g., 33 for records with firearm ineligibility until age 30).
  • Transfer responsibilities: If a person moves between facilities, the admitting facility must submit the DOJ report; designates the receiving facility for certain transfers to submit reports as needed.
  • Hearing timelines: Hearings on firearm eligibility after mental health determinations have defined scheduling windows (e.g., hearings set within 60 days; continuances limited to 60 days total).
  • Data confidentiality: DOJ data must be kept separate and confidential, with narrow exceptions for safety and investigative needs.

Practical Impact and Considerations

  • Aims to improve precision in firearm eligibility determinations by allowing DOJ access to sealed juvenile records when appropriate and by tightening reporting and confidentiality protocols.
  • Increases the role of mental health adjudications and treatment outcomes in firearm restrictions, with explicit procedures for post-treatment rights to petition for firearms.
  • Could affect local agency workloads due to expanded reporting and data handling requirements; explicitly states no state reimbursement for these changes as a mandate.

If you’d like, I can provide a section-by-section comparison with existing law or a quick Q&A addressing common questions (e.g., “What happens at a hearing?” or “What records are sealed and when can they be accessed?”).

Compiled from official sources — confirm details with the bill’s official record.

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