Title
Rules and Forms | Criminal Law: Findings and Orders Regarding Prohibited Items While on Diversion
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Summary
Recent legislation prohibits the possession of firearms, other deadly weapons, and ammunition by a defendant participating in mental health or military diversion, based on specified findings by the court. The prohibition remains in effect until the defendant has either successfully completed diversion or has their firearms rights restored. The Criminal Law Advisory Committee recommends a new optional form 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.
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2026, approve Findings and Orders Regarding Prohibited Items While on Diversion (form CR-163).