A firearm prohibition is not automatic just because a court grants mental health diversion. The prosecutor must ask for it, and the court may impose this diversion-specific order only after the prosecutor proves two separate points by clear and convincing evidence: access to a firearm would create a significant danger of personal injury, and less restrictive alternatives have failed or are inadequate or inappropriate. If the prosecutor proves both points, the court must issue the order; if the burden is not met, the court must not issue it under this provision. (Penal Code § 1001.36(m).)

Check the request and the court’s findings

Get the prosecutor’s request, the signed order, and the hearing record. Look for a finding on both the danger from firearm access and the alternatives the court considered. Treatment evidence, the proposed safety plan, and the reasons a less restrictive option would or would not work may matter. A general statement that the person has a diagnosis or is in diversion is not a substitute for the statutory findings.

This procedure applies to a firearm order requested during an existing section 1001.36 diversion case. It is different from a restriction based on a facility certification or a separate conviction, protective order, or other law. Check each possible prohibition on its own terms. (Penal Code § 1001.36(m).)

How long does this order last?

The diversion-specific order remains in effect until successful completion of diversion or until a qualifying restoration order is obtained under Welfare and Institutions Code section 8103(g)(4). That is a petition route, not automatic restoration. The statute also provides for court notices to the Department of Justice. A separate firearm prohibition may continue to apply even after diversion ends or a restoration petition succeeds, so do not assume that a dismissal or one court order alone means firearm possession is lawful. (Penal Code § 1001.36(m); Welfare and Institutions Code § 8103.)

For the current statutory framework, section 8103(i) applies to the relevant court findings made on or after July 1, 2024. The order date and exact language therefore matter. Ask counsel to compare the request, findings, order, diversion-completion paperwork, and any other state or federal firearm restriction before taking action. (Welfare and Institutions Code § 8103.)

The Law Offices of David S. Chesley can review a diversion firearm order and its stated conditions. Call (800) 755-5174, or see the California mental health diversion page.