SF-based assemblymember pushes for gun ban on offenders found incompetent for trial

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SAN FRANCISCO (KRON) — A San Francisco-based state assemblyman has introduced legislation that would ban individuals found mentally incompetent to stand trial from possessing firearms. The bill, Assembly Bill 2629, was introduced by Assemblymember Matt Haney (D-San Francisco).

The bill, according to a statement from Haney’s office, enjoys strong bipartisan support and has already passed out of the Assembly Public Safety committee.

“The United States consistently remains one of the only countries with a persistent problem with gun violence,” read a statement from Haney’s office. “People in the United States are 25 times more likely to be killed in a gun homicide than those living in other developed countries.”

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“If you aren’t mentally competent enough to stand trial for a crime, then you aren’t mentally competent enough to own a gun,” said Haney. “It’s common sense.”

Under current law, if a court finds that a person’s mental illness makes them incompetent to stand trial during felony criminal proceedings, the person is banned from owning a firearm until the court restores those rights. But according to Haney’s office, this law is only triggered in felony cases.

In a misdemeanor case, individuals retain their right to own firearms, regardless of being deemed mentally incompetent.

“People suffering from debilitatingly severe mental illnesses should not have access to a weapon that can take their own life or the life of other people around them in seconds,” said Haney. “That poses a serious threat to both our communities and to those people themselves.”

AB2629 would clarify that firearm bans apply in any case where a person is found mentally incompetent to stand trial, regardless of whether they were charged with a misdemeanor or a felony.

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