Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 574

Introduced by Assembly Member Jones-Sawyer

February 08, 2023

An act to amend Section 26165 28160 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 574, as amended, Jones-Sawyer. Firearms: concealed carry licenses. dealer records of sale.
Existing law requires, except as exempted, any sale, loan, or transfer of a firearm to be conducted through a licensed firearm dealer, as specified.
Existing law requires each firearm dealer to keep a register or record of each firearm transaction and requires that register or record to include certain specified information, including information about the purchaser, information about the firearm, and the answers to certain questions by the purchaser or transferee relating to their eligibility to own or possess a firearm.
This bill would additionally require the register or record to include the acknowledgment by the purchaser or transferee that they have, within the past 30 days, confirmed possession of every firearm that they own or possess.

Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, acceptable to the licensing authority. Existing law requires the course of training to include instruction on firearm handling and shooting technique and to also include a demonstration by the applicant of shooting proficiency and safe handling of each firearm the applicant will be licensed to carry and to include live-fire exercises conducted on a firing range.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 28160 of the Penal Code is amended to read:

28160.
 (a) For all firearms, the register or record of electronic transfer shall include all of the following information:
(1) The date and time of sale.
(2) The make of firearm.
(3) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, and the agency name.
(4) Any applicable waiting period exemption information.
(5) California Firearms Dealer number issued pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(6) For transactions occurring on or after January 1, 2003, the purchaser’s handgun safety certificate number issued pursuant to Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of this title, 10, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 2003, to when it was repealed by the Deadly Weapons Recodification Act of 2010.
(7) Manufacturer’s name if stamped on the firearm.
(8) Model name or number, if stamped on the firearm.
(9) Serial number, if applicable.
(10) Other number, if more than one serial number is stamped on the firearm.
(11) Any identification number or mark assigned to the firearm pursuant to Section 23910.
(12) If the firearm is not a handgun and does not have a serial number, identification number, or mark assigned to it, a notation as to that fact.
(13) Caliber.
(14) Type of firearm.
(15) If the firearm is new or used.
(16) Barrel length.
(17) Color of the firearm.
(18) Full name of purchaser.
(19) Purchaser’s complete date of birth.
(20) Purchaser’s local address.
(21) If current address is temporary, complete permanent address of purchaser.
(22) Identification of purchaser.
(23) Purchaser’s place of birth (state or country).
(24) Purchaser’s complete telephone number.
(25) Purchaser’s occupation.
(26) Purchaser’s gender.
(27) Purchaser’s physical description.
(28) All legal names and aliases ever used by the purchaser.
(29) Yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Chapter 2 (commencing with Section 29800) or an offense described in Chapter 3 (commencing with Section 29900) of Division 9 of this title, 9, the purchaser’s status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, and whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code.
(30) Yes or no answer to a question that inquires whether the purchaser has, within the past 30 days, checked and confirmed possession of all firearms currently owned or possessed.

(30)

(31) Signature of purchaser.

(31)

(32) Signature of salesperson, as a witness to the purchaser’s signature.

(32)

(33) Salesperson’s certificate of eligibility number, if the salesperson has obtained a certificate of eligibility.

(33)

(34) Name and complete address of the dealer or firm selling the firearm as shown on the dealer’s license.

(34)

(35) The establishment number, if assigned.

(35)

(36) The dealer’s complete business telephone number.

(36)

(37) Any information required by Chapter 5 (commencing with Section 28050).

(37)

(38) Any information required to determine whether subdivision (f) of Section 27540 applies.

(38)

(39) A statement of the penalties for signing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register.

(39)

(40) A statement informing the purchaser, after his or her ownership taking ownership of a firearm, of all of the following:
(A) Upon his or her application, the Department of Justice shall furnish him or her to the purchaser any information reported to the department as it relates to his or her their ownership of that firearm.
(B) The purchaser is entitled to file a report of his or her their acquisition, disposition, or ownership of a firearm with the department pursuant to Section 28000.
(C) Instructions for accessing the department’s Internet Web site internet website for more information.

(40)

(41) For transactions on and after January 1, 2015, the purchaser’s firearm safety certificate number, except that in the case of a handgun, the number from an unexpired handgun safety certificate may be used.
(b) The purchaser shall provide the purchaser’s right thumbprint on the register in a manner prescribed by the department. No exception to this requirement shall be permitted except by regulations adopted by the department.
(c) The firearms dealer shall record on the register or record of electronic transfer the date that the firearm is delivered, together with the firearm dealer’s signature indicating delivery of the firearm.
(d) The purchaser shall sign the register or the record of electronic transfer on the date that the firearm is delivered to him or her. them.

SECTION 1.Section 26165 of the Penal Code is amended to read:
26165.

(a)For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority that meets all of the following criteria:

(1)The course shall be no less than eight hours, but shall not be required to exceed 16 hours in length.

(2)The course shall include instruction on firearm safety, firearm handling, shooting technique, and laws regarding the permissible use of a firearm.

(3)The course shall include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry.

(b)A licensing authority shall establish, and make available to the public, the standards it uses when issuing licenses with regards to the required live-fire shooting exercises, including, but not limited to, a minimum number of rounds to be fired and minimum passing scores from specified firing distances.

(c)Notwithstanding subdivision (a), the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception.

(d)For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than four hours, and shall satisfy the requirements of paragraphs (2) and (3) of subdivision (a). A course of training shall not be required for any person certified by the licensing authority as a trainer for purposes of this section, in order for that person to renew a license issued pursuant to this article.

(e)The applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202.