Bill Text: CA AB809 | 2011-2012 | Regular Session | Chaptered
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 745, Statutes of 2011. [AB809 Detail]
Download: California-2011-AB809-Chaptered.html
BILL NUMBER: AB 809 CHAPTERED
BILL TEXT
CHAPTER 745
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Feuer
FEBRUARY 17, 2011
An act to amend Section 21628.2 of the Business and Professions
Code, to amend Sections 17000, 26600, 26610, 26615, 26805, 26820,
26840, 26845, 26850, 26865, 26890, 26905, 26955, 26960, 26965, 27050,
27060, 27065, 27130, 27400, 27410, 27415, 27540, 27560, 27565,
27590, 27600, 27610, 27615, 27655, 27660, 27665, 27730, 27860, 27875,
27880, 27920, 28000, 28060, 28100, 28160, 28170, 28180, 28210,
28215, 28220, 28230, 28240, 28245, 28400, 28410, 28415, 30105, 30150,
30160, 30165, 31705, 31715, 31720, 31735, 33850, 33860, 33865,
34355, 34365, and 34370 of, to amend and repeal Sections 27110,
27710, 27870, 27915, 27965, 28165, 31775, 31795, and 33890 of, to
amend, repeal, and add Section 11106 of, and to add Section 27966 to,
the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 809, Feuer. Firearms.
Existing law generally regulates the transfer of firearms and
provides for retaining specified information regarding firearm
transfers by the Department of Justice. Existing law establishes
different requirements regarding reportable information for handguns
and firearms that are not handguns. Under existing law, the
Department of Justice requires firearms dealers to keep a register or
record of electronic or telephonic transfers of information
pertaining to firearms transactions, as specified. Existing law
exempts from these requirements certain transactions involving
firearms that are not handguns.
This bill would conform those provisions so that the transfers and
information reporting and retention requirements for handguns and
firearms other than handguns are the same. This bill would provide
that those exemptions become inoperative on January 1, 2014.
Existing law, subject to specified exceptions, prohibits peace
officers, Department of Justice employees, and the Attorney General
from retaining or compiling certain information relating to
transactions regarding firearms that are not handguns, as specified.
A violation of these provisions is a misdemeanor.
This bill would provide that those provisions are repealed on
January 1, 2014, and thereafter would require those peace officers to
retain and compile information regarding firearms that are not
handguns, as specified.
Existing law requires a personal handgun importer to report
certain information relative to bringing a handgun into the state, as
specified. Violation of these provisions is a misdemeanor.
This bill would, commencing January 1, 2014, apply these reporting
requirements instead to a "personal firearm importer," as defined,
and would expand the reporting requirements to apply to the
importation of firearms that are not handguns. The bill would further
prohibit a personal firearm importer from importing a firearm that
is a .50 BMG rifle or a destructive device.
By expanding these provisions, the violation of which is a crime,
this bill would impose a state-mandated local program.
This bill would incorporate changes to Section 27590 of the Penal
Code made by AB 109, which is chaptered but not yet operative.
The bill would make additional conforming changes and would make
additional technical, nonsubstantive changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21628.2 of the Business and Professions Code,
as amended by Section 17 of Chapter 178 of the Statutes of 2010, is
amended to read:
21628.2. (a) For purposes of this section, the "department" shall
mean the Department of Justice.
(b) Every secondhand dealer described in Section 21626 shall, in a
format prescribed by the department, and on the day of the
transaction, electronically report to the department each firearm
purchased, taken in trade, taken in pawn, accepted for sale on
consignment, or accepted for auctioning. The secondhand dealer shall
retain a copy of the report submitted to the department and make it
available for inspection by the department, any peace officer, or any
local law enforcement employee who is authorized by Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the
Penal Code to inspect a firearms transaction record.
(c) The department may retain secondhand dealer reports to
determine whether a firearm taken in by a secondhand dealer has been
reported lost or stolen. If the department's records indicate that
the firearm is lost or stolen, the department shall notify the law
enforcement agency that entered the information in the department's
records and a law enforcement agency with jurisdiction over the
secondhand dealer's business location about the status of the
firearm. The Dealers' Record of Sale shall be retained by the
department pursuant to Section 11106 of the Penal Code.
(d) All information in the secondhand dealer report of each
firearm described in subdivision (a) shall be electronically provided
by the department to the secure mailbox of the local law enforcement
agency described in Section 21630 within one working day of receipt
by the department.
SEC. 2. Section 11106 of the Penal Code, as amended by Section 89
of Chapter 178 of the Statutes of 2010, is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, dealers' records of
sales of firearms, reports provided pursuant to Article 1 (commencing
with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6,
or pursuant to any provision listed in subdivision (a) of Section
16585, forms provided pursuant to Section 12084, as that section read
prior to being repealed, reports provided pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that
are not dealers' records of sales of firearms, and reports of stolen,
lost, found, pledged, or pawned property in any city or county of
this state, and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to any provision listed in subdivision (c) of Section
16585 for firearms that are not handguns, from forms submitted
pursuant to Section 12084, as that section read prior to being
repealed, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed, for firearms that are not handguns, or of the dealers'
records of sales for firearms that are not handguns shall be
destroyed within five days of the clearance by the Attorney General,
unless the purchaser or transferor is ineligible to take possession
of the firearm. All copies of the reports filed, or any information
received in electronic form, pursuant to any provision listed in
subdivision (c) of Section 16585 for firearms that are not handguns
shall be destroyed within five days of the receipt by the Attorney
General, unless retention is necessary for use in a criminal
prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearm transaction record, as defined in Section 16550, for
firearms that are not handguns unless retention or compilation is
necessary for use in a criminal prosecution or in a proceeding to
revoke a license issued pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to handguns and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
(A) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, (B) Chapter 5 (commencing with
Section 28050) of Division 6 of Title 4 of Part 6, (C) Article 2
(commencing with Section 28150) of Chapter 6 of Division 6 of Title 4
of Part 6, (D) Article 5 (commencing with Section 30900) of Chapter
2 of Division 10 of Title 4 of Part 6, (E) Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4 of Part 6, or (F) any
provision listed in subdivision (a) of Section 16585, if the
following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2.5. Section 11106 is added to the Penal Code, to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, dealers' records of
sales of firearms, reports provided pursuant to Article 1 (commencing
with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6,
or pursuant to any provision listed in subdivision (a) of Section
16585, forms provided pursuant to Section 12084, as that section read
prior to being repealed, reports provided pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that
are not dealers' records of sales of firearms, and reports of stolen,
lost, found, pledged, or pawned property in any city or county of
this state, and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(c) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with Section
28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5
(commencing with Section 30900) of Chapter 2 of Division 10 of Title
4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6, or any provision listed in subdivision (a) of
Section 16585, if the following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
(d) This section shall become operative January 1, 2014.
SEC. 3. Section 17000 of the Penal Code is amended to read:
17000. (a) As used in this part, until January 1, 2014, any
reference to the term "personal firearm importer" shall be deemed to
mean "personal handgun importer" and, on and after January 1, 2014,
any reference to the term "personal handgun importer" shall be deemed
to mean "personal firearm importer." A "personal handgun importer,"
until January 1, 2014, and commencing January 1, 2014, a "personal
firearm importer" means an individual who meets all of the following
criteria:
(1) The individual is not a person licensed pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4.
(2) The individual is not a licensed manufacturer of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code.
(3) The individual is not a licensed importer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.
(4) The individual is the owner of a firearm.
(5) The individual acquired that firearm outside of California.
(6) The individual moved into this state on or after January 1,
1998, in the case of a handgun, or in the case of a firearm that is
not a handgun, on or after January 1, 2014, as a resident of this
state.
(7) The individual intends to possess that handgun within this
state on or after January 1, 1998, or in the case of a firearm that
is not a handgun, he or she intends to possess that firearm within
this state on or after January 1, 2014.
(8) The firearm was not delivered to the individual by a person
licensed pursuant to Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4, who delivered that firearm following the procedures set
forth in Section 27540 and Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4.
(9) The individual, while a resident of this state, had not
previously reported ownership of that firearm to the Department of
Justice in a manner prescribed by the department that included
information concerning the individual and a description of the
firearm.
(10) The firearm is not a firearm that is prohibited by any
provision listed in Section 16590.
(11) The firearm is not an assault weapon.
(12) The firearm is not a machinegun.
(13) The person is 18 years of age or older.
(14) The firearm is not a .50 BMG rifle.
(15) The firearm is not a destructive device.
(b) For purposes of paragraph (6) of subdivision (a):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of a member of the Armed Forces of the United
States, residency shall be deemed to be established when the
individual was discharged from active service in this state.
SEC. 4. Section 26600 of the Penal Code is amended to read:
26600. (a) Section 26500 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 5. Section 26610 of the Penal Code is amended to read:
26610. (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 6. Section 26615 of the Penal Code is amended to read:
26615. (a) Section 26500 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 7. Section 26805 of the Penal Code is amended to read:
26805. (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.
(b) (1) A person licensed pursuant to Sections 26700 and 26705 may
take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at any gun show or
event, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state, without regard to the jurisdiction within this state that
issued the license pursuant to Sections 26700 and 26705, provided the
person complies with all applicable laws, including, but not limited
to, the waiting period specified in subdivision (a) of Section
26815, and all applicable local laws, regulations, and fees, if any.
(2) A person conducting business pursuant to this subdivision
shall publicly display the person's license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any gun show or
event, as specified in this subdivision.
(c) (1) A person licensed pursuant to Sections 26700 and 26705 may
engage in the sale and transfer of firearms other than handguns, at
events specified in Sections 26955, 27655, 27900, and 27905, subject
to the prohibitions and restrictions
contained in those sections.
(2) A person licensed pursuant to Sections 26700 and 26705 may
also accept delivery of firearms other than handguns, outside the
building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.
(d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
SEC. 8. Section 26820 of the Penal Code is amended to read:
26820. No handgun or imitation handgun, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
SEC. 9. Section 26840 of the Penal Code is amended to read:
26840. No dealer may deliver a handgun unless the person
receiving the handgun presents to the dealer a valid handgun safety
certificate. The firearms dealer shall retain a photocopy of the
handgun safety certificate as proof of compliance with this
requirement.
SEC. 10. Section 26845 of the Penal Code is amended to read:
26845. (a) No handgun may be delivered unless the purchaser,
transferee, or person being loaned the firearm presents documentation
indicating that the person is a California resident.
(b) Satisfactory documentation shall include a utility bill from
within the last three months, a residential lease, a property deed,
or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by the
Department of Justice.
(c) The firearms dealer shall retain a photocopy of the
documentation as proof of compliance with this requirement.
SEC. 11. Section 26850 of the Penal Code is amended to read:
26850. (a) Except as authorized by the department, no firearms
dealer may deliver a handgun unless the recipient performs a safe
handling demonstration with that handgun.
(b) The safe handling demonstration shall commence with the
handgun unloaded and locked with the firearm safety device with which
it is required to be delivered, if applicable. While maintaining
muzzle awareness, that is, the firearm is pointed in a safe
direction, preferably down at the ground, and trigger discipline,
that is, the trigger finger is outside of the trigger guard and along
side of the handgun frame, at all times, the handgun recipient shall
correctly and safely perform the following:
(1) If the handgun is a semiautomatic pistol, the steps listed in
Section 26853.
(2) If the handgun is a double-action revolver, the steps listed
in Section 26856.
(3) If the handgun is a single-action revolver, the steps listed
in Section 26859.
(c) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(d) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivisions (a) and (b) have been met. The
firearms dealer shall additionally obtain the signature of the
handgun purchaser on the same affidavit. The firearms dealer shall
retain the original affidavit as proof of compliance with this
requirement.
(e) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(f) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(g) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (b) of Section 31635.
(h) The persons who are exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, are also
exempt from performing the safe handling demonstration.
SEC. 12. Section 26865 of the Penal Code is amended to read:
26865. A licensee shall offer to provide the purchaser or
transferee of a firearm, or person being loaned a firearm, with a
copy of the pamphlet described in Section 34205, and may add the cost
of the pamphlet, if any, to the sales price of the firearm.
SEC. 13. Section 26890 of the Penal Code is amended to read:
26890. (a) Except as provided in subdivisions (b) and (c) of
Section 26805, any time when the licensee is not open for business,
all inventory firearms shall be stored in the licensed location. All
firearms shall be secured using one of the following methods as to
each particular firearm:
(1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a boltcutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(b) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in
subdivision (a).
(c) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
subdivision (a) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
(d) Subdivision (a) or (b) shall not apply to a licensee organized
as a nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, or as a mutual benefit corporation pursuant to
Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the
Corporations Code, if both of the following conditions are
satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not handguns.
SEC. 14. Section 26905 of the Penal Code is amended to read:
26905. (a) On the date of receipt, a licensee shall report to the
Department of Justice, in a format prescribed by the department, the
acquisition by the licensee of the ownership of a handgun, and
commencing January 1, 2014, of any firearm.
(b) The provisions of this section shall not apply to any of the
following transactions:
(1) A transaction subject to the provisions of Sections 26960 and
27660.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
(4) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(5) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code, acquires a handgun, and,
commencing January 1, 2014, any firearm, and reports its acquisition
pursuant to Section 21628.2 of the Business and Professions Code.
SEC. 15. Section 26955 of the Penal Code is amended to read:
26955. (a) The waiting period described in Section 26815 does not
apply to a dealer who delivers a firearm, other than a handgun, at
an auction or similar event described in Section 27900, as authorized
by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28160 or 28165,
as applicable.
SEC. 16. Section 26960 of the Penal Code is amended to read:
26960. (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a handgun, and
commencing January 1, 2014, a firearm that is not a handgun, by a
dealer in either of the following situations:
(1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
(2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
(b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
(c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
(2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
SEC. 17. Section 26965 of the Penal Code is amended to read:
26965. (a) The waiting period described in Section 26815 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10.
(b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165, as applicable.
SEC. 18. Section 27050 of the Penal Code is amended to read:
27050. (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 19. Section 27060 of the Penal Code is amended to read:
27060. (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 20. Section 27065 of the Penal Code is amended to read:
27065. (a) Article 1 (commencing with Section 26700) and Article
2 (commencing with Section 26800) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 21. Section 27110 of the Penal Code is amended to read:
27110. Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of firearms if all of the following conditions are
satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 22. Section 27130 of the Penal Code is amended to read:
27130. Until January 1, 2014, Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) do not apply to
the sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
SEC. 23. Section 27400 of the Penal Code is amended to read:
27400. (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to any sale, delivery,
or transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 24. Section 27410 of the Penal Code is amended to read:
27410. (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a peace
officer pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 25. Section 27415 of the Penal Code is amended to read:
27415. (a) Article 1 (commencing with Section 27200) and Article
2 (commencing with Section 27300) do not apply to the sale, delivery,
or transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 26. Section 27540 of the Penal Code is amended to read:
27540. No dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall deliver a firearm to a person,
as follows:
(a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
(d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(e) No handgun shall be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate to the dealer.
(f) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that within the preceding 30-day period
the purchaser has made another application to purchase a handgun and
that the previous application to purchase involved none of the
entities specified in subdivision (b) of Section 27535.
SEC. 27. Section 27560 of the Penal Code is amended to read:
27560. (a) Within 60 days of bringing a handgun, and commencing
January 1, 2014, any firearm, into this state, a personal firearm
importer shall do one of the following:
(1) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
(2) Sell or transfer the firearm in accordance with the provisions
of Section 27545 or in accordance with the provisions of an
exemption from Section 27545.
(3) Sell or transfer the firearm to a dealer licensed pursuant to
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2.
(4) Sell or transfer the firearm to a sheriff or police
department.
(b) If all of the following requirements are satisfied, the
personal firearm importer shall have complied with the provisions of
this section:
(1) The personal firearm importer sells or transfers the firearm
pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the
purchaser or transferee.
(3) The firearm can be returned to the personal firearm importer.
(c) (1) The provisions of this section are cumulative and shall
not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by
this article and different provisions of the Penal Code shall not be
punished under more than one provision.
(d) The department shall conduct a public education and
notification program regarding this section to ensure a high degree
of publicity of the provisions of this section.
(e) As part of the public education and notification program
described in this section, the department shall do all of the
following:
(1) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this section is advised of
the provisions of this section, and provided with blank copies of the
report described in paragraph (1) of subdivision (a), at the time
when that person applies for a California driver's license or
registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in paragraph (1) of subdivision
(a) available to dealers licensed pursuant to Article 1 (commencing
with Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2.
(3) Make the reports referred to in paragraph (1) of subdivision
(a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware
of all of the following:
(A) The report referred to in paragraph (1) of subdivision (a) may
be completed at either a law enforcement agency or the licensed
premises of a dealer licensed pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2.
(B) It is advisable to do so for the sake of accuracy and
completeness of the report.
(C) Before transporting a firearm to a law enforcement agency to
comply with subdivision (a), the person should give notice to the law
enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and
in a locked container and a firearm that is not a handgun should be
transported unloaded.
(f) Any costs incurred by the department to implement this section
shall be absorbed by the department within its existing budget and
the fees in the Dealers' Record of Sale Special Account allocated for
implementation of subdivisions (d) and (e) of this section pursuant
to Section 28235.
SEC. 28. Section 27565 of the Penal Code is amended to read:
27565. (a) This section applies in the following circumstances:
(1) A person is licensed as a collector pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a
handgun, and commencing January 1, 2014, any firearm.
(4) The licensed collector takes actual possession of that firearm
outside of this state pursuant to the provisions of subsection (j)
of Section 923 of Title 18 of the United States Code, as amended by
Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state
under the circumstances described in subdivision (a), the licensed
collector shall report the acquisition of that firearm to the
department in a format prescribed by the department.
SEC. 29. Section 27590 of the Penal Code is amended to read:
27590. (a) Except as provided in subdivision (b), (c), or (e),
a violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment in the state prison for
two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was enacted
by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was
repealed by Section 18 of Chapter 23 of the Statutes of 1994, or
Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, or by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and
imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a
handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a handgun.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
(d) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section
27500.
(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a
misdemeanor.
(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.
SEC. 29.5. Section 27590 of the Penal Code, as amended by Section
545 of Chapter 15 of the Statutes of 2011, is amended to read:
27590. (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was enacted
by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was
repealed by Section 18 of Chapter 23 of the Statutes of 1994, or
Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170, or
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a
handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a handgun.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one, two, or three years shall be imposed in addition and consecutive
to the sentence prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section
27500.
(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a
misdemeanor.
(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.
SEC. 30. Section 27600 of the Penal Code is amended to read:
27600. (a) Article 1 (commencing with Section 27500) does not
apply to any sale, delivery, or transfer of firearms made to an
authorized law enforcement representative of any city, county, city
and county, or state, or of the federal government, for exclusive use
by that governmental agency if, prior to the sale, delivery, or
transfer of these firearms, written authorization from the head of
the agency authorizing the transaction is presented to the person
from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 31. Section 27610 of the Penal Code is amended to read:
27610. (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a peace officer pursuant to Section 10334 of
the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 32. Section 27615 of the Penal Code is amended to read:
27615. (a) Article 1 (commencing with Section 27500) does not
apply to the sale, delivery, or transfer of a firearm by a law
enforcement agency to a retiring peace officer who is authorized to
carry a firearm pursuant to Chapter 5 (commencing with Section 26300)
of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 33. Section 27655 of the Penal Code is amended to read:
27655. (a) The waiting period described in Section 27540 does not
apply to a dealer who delivers a firearm, other than a handgun, at
an auction or similar event described in Section 27900, as authorized
by subdivision (c) of Section 26805.
(b) Within two business days of completion of the application to
purchase, the dealer shall forward by prepaid mail to the Department
of Justice a report of the application as is indicated in Section
28160 or 28165, as applicable.
(c) If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delivering the firearm shall
transmit to the Department of Justice an electronic or telephonic
report of the application as is indicated in Section 28160 or 28165,
as applicable.
SEC. 34. Section 27660 of the Penal Code is amended to read:
27660. (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a handgun, and
commencing January 1, 2014, any firearm, by a dealer in either of the
following situations:
(1) The dealer is delivering the firearm to another dealer, the
firearm is not intended as merchandise in the receiving dealer's
business, and the requirements of subdivisions (b) and (c) are
satisfied.
(2) The dealer is delivering the firearm to himself or herself,
the firearm is not intended as merchandise in the dealer's business,
and the requirements of subdivision (c) are satisfied.
(b) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that the receiving dealer is licensed pursuant
to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800). This shall be done by complying with
Section 27555.
(c) (1) Regardless of whether the dealer is selling, delivering,
or transferring the firearm to another dealer or to himself or
herself, on the date that the application to purchase is completed,
the dealer delivering the firearm shall forward by prepaid mail to
the Department of Justice a report of the application and the type of
information concerning the purchaser or transferee as is indicated
in Section 28160.
(2) Where electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed, the dealer delivering the firearm shall transmit an
electronic or telephonic report of the application and the type of
information concerning the purchaser or transferee as is indicated in
Section 28160.
SEC. 35. Section 27665 of the Penal Code is amended to read:
27665. (a) The waiting period described in Section 27540 does not
apply to the sale, delivery, or transfer of a firearm to the holder
of a special weapons permit issued by the Department of Justice
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
Division 10.
(b) On the date that the application to purchase is completed, the
dealer delivering the firearm shall transmit to the Department of
Justice an electronic or telephonic report of the application as is
indicated in Section 28160 or 28165, as applicable.
SEC. 36. Section 27710 of the Penal Code is amended to read:
27710. Section 27540 does not apply to the sale, delivery, or
transfer of firearms if all of the following conditions are
satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 37. Section 27730 of the Penal Code is amended to read:
27730. Until January 1, 2014, Section 27540 does not apply to the
sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
SEC. 38. Section 27860 of the Penal Code is amended to read:
27860. Section 27545 does not apply to the sale, delivery, loan,
or transfer of a firearm made by any person other than a
representative of an authorized law enforcement agency to any public
or private nonprofit historical society, museum, or institutional
collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to
delivery.
(c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
(e) If title to a handgun, and commencing January 1, 2014, any
firearm, is being transferred to the public or private nonprofit
historical society, museum, or institutional collection, then the
designated representative of that entity shall, within 30 days of
taking possession of that firearm, forward by prepaid mail or deliver
in person to the Department of Justice, a single report signed by
both parties to the transaction, which includes all of the following
information:
(1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision
(d).
(f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
SEC. 39. Section 27870 of the Penal Code is amended to read:
27870. Section 27545 does not apply to the transfer of a firearm,
other than a handgun, by gift, bequest, intestate succession, or
other means from one individual to another, if both of the following
requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 40. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a handgun,
and commencing January 1, 2014, any firearm, by gift, bequest,
intestate succession, or other means from one individual to another,
if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 41. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the
handgun shall have a valid handgun safety certificate.
SEC. 42. Section 27915 of the Penal Code is amended to read:
27915. Section 27545 does not apply to a person who takes title
or possession of a firearm by operation of law if both of the
following requirements are satisfied:
(a) The firearm is not a handgun.
(b) The person is not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 43. Section 27920 of the Penal Code is amended to read:
27920. Section 27545 does not apply to a person who takes title
or possession of a handgun, and commencing January 1, 2014, any
firearm, by operation of law if the person is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm and all of the following conditions are met:
(a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
(b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
(1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
(2) Prior to taking title or possession of the firearm, the person
shall obtain a handgun safety certificate, if the firearm is a
handgun.
(c) Where the person receiving title or possession of the handgun,
and commencing January 1, 2014, any firearm, is a person described
in subdivision (i) of Section 16990, on the date that the person is
delivered the firearm, the name and other information concerning the
person taking possession of the firearm, how title or possession of
the firearm was obtained and from whom, and a description of the
firearm by make, model, serial number, and other identifying
characteristics shall be entered into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications System
(CLETS) by the law enforcement or state agency that transferred or
delivered the firearm, provided, however, that if the firearm is not
a handgun and does not have a serial number, identification number,
or identification mark assigned to it, that fact shall be noted in
AFS. An agency without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system.
(d) Where the person receiving title or possession of the handgun,
and commencing January 1, 2014, any firearm, is a person described
in subdivision (j) of Section 16990, on the date that the person is
delivered the firearm, the name and other information concerning the
person taking possession of the firearm, how title or possession of
the firearm was obtained and from whom, and a description of the
firearm by make, model, serial number, and other identifying
characteristics shall be entered into the AFS via the CLETS by the
law enforcement or state agency that transferred or delivered the
firearm, provided, however, that if the firearm is not a handgun and
does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted in AFS.
An agency without access to AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system. In addition, if the firearm is a handgun, that law
enforcement agency shall not deliver that handgun to the person
referred to in this subdivision unless, prior to the delivery of the
handgun, the person presents proof to the agency that the person is
the holder of a handgun safety certificate.
(e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
SEC. 44. Section 27965 of the Penal Code is amended to read:
27965. (a) If all of the following requirements are satisfied,
Section 27545 does not apply to the sale, loan, or transfer of a
firearm:
(1) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic manufactured at least 50 years
prior to the current date but is not a replica, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations, or its
successor.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 45. Section 27966 is added to the Penal Code, to read:
27966. Commencing January 1, 2014, if all of the following
requirements are satisfied, Section 27545 shall not apply to the
sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of
eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector
pursuant to Chapter 44 of Title 18 of the United States Code and the
regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the department.
SEC. 46. Section 28000 of the Penal Code is amended to read:
28000. A person who is exempt from Section 27545 or is otherwise
not required by law to report acquisition, ownership, or disposal of
a handgun, and commencing January 1, 2014, a firearm that is not a
handgun, or who moves out of this state with the person's handgun,
and commencing January 1, 2014, a firearm that is not a handgun, may
report that to the Department of Justice in a format prescribed by
the department.
SEC. 47. Section 28060 of the Penal Code is amended to read:
28060. The Attorney General shall adopt regulations under this
chapter to do all of the following:
(a) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to preserve the
confidentiality of those records and to comply with the requirements
of this chapter and all of the following:
(1) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2.
(2) Article 1 (commencing with Section 27500) of Chapter 4.
(3) Article 2 (commencing with Section 28150) of Chapter 6.
(4) Article 3 (commencing with Section 28200) of Chapter 6.
(b) Record sufficient information for purposes of Section 11106 in
the instance where a firearm is returned to a personal firearm
importer because a sale or transfer of that firearm by the personal
firearm importer could not be completed.
(c) Ensure that the register or record of electronic transfer
shall state all of the following:
(1) The name and address of the seller or transferor of the
firearm or the person loaning the firearm.
(2) Whether or not the person is a personal firearm importer.
(3) Any other information required by Article 2 (commencing with
Section 28150) of Chapter 6.
SEC. 48. Section 28100 of the Penal Code is amended to read:
28100. (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Article 2
(commencing with Section 28150).
(b) This section shall not apply to any of the following
transactions:
(1) The loan of an unloaded firearm by a dealer to a person who
possesses a valid entertainment firearms permit issued pursuant to
Chapter 2 (commencing with Section 29500) of Division 8, for use
solely as a prop in a motion picture, television, video, theatrical,
or other entertainment production or event.
(2) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
(3) Until January 1, 2014, the sale, delivery, or transfer of an
unloaded firearm, other than a handgun, by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
(4) The sale, delivery, or transfer of an unloaded firearm by a
dealer who sells, delivers, or transfers the firearm to a person who
resides outside this state and is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and any regulations issued pursuant thereto.
(5) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
(6) The sale, delivery, or transfer of an unloaded firearm by a
dealer to another dealer, upon proof of compliance with the
requirements of Section 27555, if the firearm is intended as
merchandise in the receiving dealer's business.
(7) Until January 1, 2014, the sale, delivery, or transfer of an
unloaded firearm, other than a handgun, by a dealer to himself or
herself.
(8) The loan of an unloaded firearm by a dealer who also operates
a target facility which holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
(9) The loan of an unloaded firearm by a dealer to a
consultant-evaluator, if the loan does not exceed 45 days from the
date of delivery of the firearm by the dealer to the
consultant-evaluator.
(10) The return of an unloaded firearm to the owner of that
firearm by a dealer, if the owner initially delivered the firearm to
the dealer for service or repair.
(11) The sale, delivery, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
(c) A violation of this section is a misdemeanor.
SEC. 49. Section 28160 of the Penal Code is amended to read:
28160. (a) Until January 1, 2014, for handguns, and thereafter
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) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
(5) Dealer waiting period exemption pursuant to Sections 26960 and
27660.
(6) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
(7) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
(8) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(9) 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, 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.
(10) Manufacturer's name if stamped on the firearm.
(11) Model name or number, if stamped on the firearm.
(12) Serial number, if applicable.
(13) Other number, if more than one serial number is stamped on
the firearm.
(14) Any identification number or mark assigned to the firearm
pursuant to Section 23910.
(15) 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.
(16) Caliber.
(17) Type of firearm.
(18) If the firearm is new or used.
(19) Barrel length.
(20) Color of the firearm.
(21) Full name of purchaser.
(22) Purchaser's complete date of birth.
(23) Purchaser's local address.
(24) If current address is temporary, complete permanent address
of purchaser.
(25) Identification of purchaser.
(26) Purchaser's place of birth (state or country).
(27) Purchaser's complete telephone number.
(28) Purchaser's occupation.
(29) Purchaser's sex.
(30) Purchaser's physical description.
(31) All legal names and aliases ever used by the purchaser.
(32) 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, 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.
(33) Signature of purchaser.
(34) Signature of salesperson, as a witness to the purchaser's
signature.
(35) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(36) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(37) The establishment number, if assigned.
(38) The dealer's complete business telephone number.
(39) Any information required by Chapter 5 (commencing with
Section 28050).
(40) Any information required to determine whether subdivision (f)
of Section 27540 applies.
(41) 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.
(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.
SEC. 50. Section 28165 of the Penal Code is amended to read:
28165. (a) For firearms other than handguns, the register or
record of electronic transfer shall include all of the following
information:
(1) The date and time of sale.
(2) Peace officer exemption status pursuant to the provisions
listed in subdivision (c) of Section 16585, and the agency name.
(3) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
(4) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
(5) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
(6) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(7) Full name of purchaser.
(8) Purchaser's complete date of birth.
(9) Purchaser's local address.
(10) If current address is temporary, complete permanent address
of purchaser.
(11) Identification of purchaser.
(12) Purchaser's place of birth (state or country).
(13) Purchaser's complete telephone number.
(14) Purchaser's occupation.
(15) Purchaser's sex.
(16) Purchaser's physical description.
(17) All legal names and aliases ever used by the purchaser.
(18) 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, 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, 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.
(19) Signature of purchaser.
(20) Signature of salesperson, as a witness to the purchaser's
signature.
(21) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(22) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(23) The establishment number, if assigned.
(24) The dealer's complete business telephone number.
(25) Any information required by Chapter 5 (commencing with
Section 28050).
(26) A statement of the penalties for any person signing a
fictitious name or address, knowingly furnishing any incorrect
information, or knowingly omitting any information required to be
provided for the register.
(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.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 51. Section 28170 of the Penal Code is amended to read:
28170. Where the register is used, the following shall apply:
(a) Dealers shall use ink to complete each document.
(b) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(c) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions, which shall include the
information set forth in this section.
(d) One firearm transaction shall be reported on each record of
sale document.
SEC. 52. Section 28180 of the Penal Code is amended to read:
28180. (a) The purchaser's name, date of birth, and driver's
license or identification number shall be obtained electronically
from the magnetic strip on the purchaser's driver's license or
identification and shall not be supplied by any other means, except
as authorized by the department.
(b) The requirement of subdivision (a) shall not apply in either
of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(c) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
section shall be obtained by an alternative method to be determined
by the department.
SEC. 53. Section 28210 of the Penal Code is amended to read:
28210. (a) (1) Where the register is used, the purchaser of any
firearm shall be required to present to the dealer clear evidence of
the person's identity and age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name and affix the purchaser's residence address and
date of birth to the register in quadruplicate.
(3) The salesperson shall sign the register in quadruplicate, as a
witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the register shall be
punished as provided in Section 28250.
(c) (1) The original of the register shall be retained by the
dealer in consecutive order.
(2) Each book of 50 originals shall become the permanent register
of transactions, which shall be retained for not less than three
years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
register of transactions shall be available for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until January 1, 2014, no information shall
be compiled therefrom regarding the purchasers or other transferees
of firearms that are not handguns.
(d) On the date of the application to purchase, two copies of the
original sheet of the register shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
(e) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a photocopy of
the original shall be provided to the seller or purchaser by the
dealer, upon request. The dealer shall redact all of the purchaser's
personal information, as required pursuant to subdivision (a) of
Section 28160 and subdivision (a) of Section 28165, from the seller's
copy, and the seller's personal information from the purchaser's
copy.
SEC. 54. Section 28215 of the Penal Code is amended to read:
28215. (a) (1) Where the electronic or telephonic transfer of
applicant information is used, the purchaser shall be required to
present to the dealer clear evidence of the person's identity and
age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
transfer.
(3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until January 1, 2014, no information shall
be compiled therefrom regarding the purchasers or other transferees
of firearms that are not handguns.
(d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
(e) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's personal information,
as required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller's copy, and the
seller's personal information from the purchaser's copy.
SEC. 55. Section 28220 of the Penal Code is amended to read:
28220. (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
(c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with submission
of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall
submit corrected copies of the register to the department, or shall
submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the handgun
or other firearm to be purchased, or if the fee required pursuant to
Section 28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
SEC. 56. Section 28230 of the Penal Code is amended to read:
28230. (a) The Department of Justice may charge a fee sufficient
to reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the Department of Industrial Relations:
(1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.
(2) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department.
(3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, 27966, or 28000, or paragraph (1) of subdivision (a) of
Section 27560.
(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
(b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.
(c) Any costs incurred by the Department of Justice to implement
this section shall be reimbursed from fees collected and charged
pursuant to this section. No fees shall be charged to the dealer
pursuant to Section 28225 for implementing this section.
SEC. 57. Section 28240 of the Penal Code is amended to read:
28240. (a) Until January 1, 2014, only one fee shall be charged
pursuant to this article for a single transaction on the same date
for the sale of any number of firearms that are not handguns, or for
the taking of possession of those firearms.
(b) In a single transaction on the same date for the delivery of
any number of firearms that are handguns, and commencing January 1,
2014, for any firearm, the department shall charge a reduced fee
pursuant to this article for the second and subsequent firearms that
are part of that transaction.
(c) Only one fee shall be charged pursuant to this article for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to Section 26905, 27870, 27875,
27915, 27920, or 27925.
SEC. 58. Section 28245 of the Penal Code is amended to read:
28245. Whenever the Department of Justice acts pursuant to this
article as it pertains to firearms other than handguns, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
SEC. 59. Section 28400 of the Penal Code is amended to read:
28400. (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
any sale, delivery, or transfer of firearms made to an authorized
law enforcement representative of any city, county, city and county,
or state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 60. Section 28410 of the Penal Code is amended to read:
28410. (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a peace officer pursuant to Section 10334 of the Public
Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying
characteristics of the firearm being sold, delivered, or transferred
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, delivered, or transferred
the firearm, provided, however, that if the firearm is not a handgun
and does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted in AFS.
Any agency without access to AFS shall arrange with the sheriff of
the county in which the agency is located to input this information
via this system.
SEC. 61. Section 28415 of the Penal Code is amended to read:
28415. (a) Article 1 (commencing with Section 28100), Article 2
(commencing with Section 28150), Article 3 (commencing with Section
28200), and Article 4 (commencing with Section 28300) do not apply to
the sale, delivery, or transfer of a firearm by a law enforcement
agency to a retiring peace officer who is authorized to carry a
firearm pursuant to Chapter 5 (commencing with Section 26300) of
Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 62. Section 30105 of the Penal Code is amended to read:
30105. (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
personal information required by Section 28160 or 28165, as
applicable, but not any information regarding any firearm, to the
department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
(1) Examine its records, and the records it is authorized to
request from the State Department of Mental Health pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
(e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Internet Web site.
(g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
(h) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
"No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor."
"If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."
SEC. 63. Section 30150 of the Penal Code is amended to read:
30150. (a) Section 30105 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 64. Section 30160 of the Penal Code is amended to read:
30160. (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 65. Section 30165 of the Penal Code is amended to read:
30165. (a) Section 30105 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 66. Section 31705 of the Penal Code is amended to read:
31705. (a) Subdivision (a) of Section 31615 does not apply to any
sale, delivery, or transfer of firearms made to an authorized law
enforcement representative of any city, county, city and county, or
state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, or transfer of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 67. Section 31715 of the Penal Code is amended to read:
31715. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 68. Section 31720 of the Penal Code is amended to read:
31720. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 69. Section 31735 of the Penal Code is amended to read:
31735. Subdivision (a) of Section 31615 does not apply to the
sale, delivery, loan, or transfer of a firearm made by any person
other than a representative of an authorized law enforcement agency
to any public or private nonprofit historical society, museum, or
institutional collection, if all of the following conditions are met:
(a) The entity receiving the firearm is open to the public.
(b) The firearm is deactivated or rendered inoperable prior to
delivery.
(c) The firearm is not of a type prohibited from being sold,
delivered, or transferred to the public.
(d) Prior to delivery, the entity receiving the firearm submits a
written statement to the person selling, loaning, or transferring the
firearm stating that the firearm will not be restored to operating
condition, and will either remain with that entity, or if
subsequently disposed of, will be transferred in accordance with the
applicable provisions listed in Section 16575 and, if applicable,
with Section 31615.
(e) If title to a handgun, and commencing January 1, 2014, any
firearm, is being transferred to the public or private nonprofit
historical society, museum, or institutional collection, then the
designated representative of that entity shall, within 30 days of
taking possession of that firearm, forward by prepaid mail or deliver
in person to the Department of Justice, a single report signed by
both parties to the transaction, which includes all of the following
information:
(1) Information identifying the person representing the public or
private historical society, museum, or institutional collection.
(2) Information on how title was obtained and from whom.
(3) A description of the firearm in question.
(4) A copy of the written statement referred to in subdivision
(d).
(f) The report forms that are to be completed pursuant to this
section shall be provided by the Department of Justice.
(g) In the event of a change in the status of the designated
representative, the entity shall notify the department of a new
representative within 30 days.
SEC. 70. Section 31775 of the Penal Code is amended to read:
31775. Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of firearms if all of the following
conditions are satisfied:
(a) The firearms are unloaded.
(b) The firearms are not handguns.
(c) The sale, delivery, or transfer is made by a dealer to another
dealer, upon proof of compliance with the requirements of Section
27555.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 71. Section 31795 of the Penal Code is amended to read:
31795. (a) Subdivision (a) of Section 31615 does not apply to the
sale, delivery, or transfer of an unloaded firearm, other than a
handgun, by a dealer to himself or herself.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 72. Section 33850 of the Penal Code is amended to read:
33850. (a) Any person who claims title to any firearm that is in
the custody or control of a court or law enforcement agency and who
wishes to have the firearm returned shall make application for a
determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. The application shall
include the following:
(1) The applicant's name, date and place of birth, gender,
telephone number, and complete address.
(2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant's country of citizenship and the applicant's
alien registration or I-94 number.
(3) If the firearm is a handgun, and commencing January 1, 2014,
any firearm, the firearm's make, model, caliber, barrel length,
handgun type, country of origin, and serial number, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, there shall be a place on the application to note that fact.
(4) For residents of California, the applicant's valid California
driver's license number or valid California identification card
number issued by the Department of Motor Vehicles. For nonresidents
of California, a copy of the applicant's military identification with
orders indicating that the individual is stationed in California, or
a copy of the applicant's valid driver's license from the applicant'
s state of residence, or a copy of the applicant's state
identification card from the applicant's state of residence. Copies
of the documents provided by non-California residents shall be
notarized.
(5) The name of the court or law enforcement agency holding the
firearm.
(6) The signature of the applicant and the date of signature.
(7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4), shall
be guilty of a misdemeanor.
(b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain possession
of the firearm, and the firearm is an otherwise legal firearm, and
the person otherwise has right to title of the firearm, shall be
entitled to sell or transfer title of the firearm to a licensed
dealer.
(c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the application,
including any notarized information pursuant to paragraph (4) of
subdivision (a), is punishable as a misdemeanor.
SEC. 73. Section 33860 of the Penal Code is amended to read:
33860. (a) The Department of Justice shall establish a fee of
twenty dollars ($20) per request for return of a firearm, plus a
three-dollar ($3) charge for each additional firearm being processed
as part of the request to return a firearm, to cover its costs for
processing firearm clearance determinations submitted pursuant to
this chapter.
(b) The fees collected pursuant to subdivision (a) shall be
deposited into the Dealers' Record of Sale Special Account.
(c) The department may increase the fee by using the California
Consumer Price Index as compiled and reported by the California
Department of Industrial Relations to determine an annual rate of
increase. Any fee increase shall be rounded to the nearest dollar.
SEC. 74. Section 33865 of the Penal Code is amended to read:
33865. (a) When the Department of Justice receives a completed
application pursuant to Section 33850 accompanied by the fee required
pursuant to Section 33860, it shall conduct an eligibility check of
the applicant to determine whether the applicant is eligible to
possess a firearm.
(b) The department shall have 30 days from the date of receipt to
complete the background check, unless the background check is delayed
by circumstances beyond the control of the department. The applicant
may contact the department to inquire about the reason for a delay.
(c) If the department determines that the applicant is eligible to
possess the firearm, the department shall provide the applicant with
written notification that includes the following:
(1) The identity of the applicant.
(2) A statement that the applicant is eligible to possess a
firearm.
(3) A description of the firearm by make, model, and serial
number, provided, however, that if the firearm is not a handgun and
does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted.
(d) If the firearm is a handgun, and commencing January 1, 2014,
any firearm, the department shall enter a record of the firearm into
the Automated Firearms System (AFS), provided, however, that if the
firearm is not a handgun and does not have a serial number,
identification number, or identification mark assigned to it, that
fact shall be noted in AFS.
(e) If the department denies the application, and the firearm is
an otherwise legal firearm, the department shall notify the applicant
of the denial and provide a form for the applicant to use to sell or
transfer the firearm to a licensed dealer. The applicant may contact
the department to inquire about the reason for the denial.
SEC. 75. Section 33890 of the Penal Code is amended to read:
33890. (a) Notwithstanding Section 11106, the Department of
Justice may retain personal information about an applicant in
connection with a claim under this chapter for a firearm that is not
a handgun, to allow for law enforcement confirmation of compliance
with this chapter. The information retained may include personal
identifying information regarding the individual applying for the
clearance, but may not include information that identifies any
particular firearm that is not a handgun.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 76. Section 34355 of the Penal Code is amended to read:
34355. (a) Section 34350 does not apply to any sale, delivery, or
transfer of firearms made to an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental agency
if, prior to the sale, delivery, or transfer of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a handgun, and commencing January
1, 2014, any firearm, is acquired by the agency, a record of the same
shall be entered as an institutional weapon into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency. Any agency without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 77. Section 34365 of the Penal Code is amended to read:
34365. (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a peace officer
pursuant to Section 10334 of the Public Contract Code.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred
pursuant to Section 10334 of the Public Contract Code to that peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
delivered, or transferred shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, delivered, or transferred the firearm, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark assigned
to it, that fact shall be noted in AFS. Any agency without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via this system.
SEC. 78. Section 34370 of the Penal Code is amended to read:
34370. (a) Section 34350 does not apply to the sale, delivery, or
transfer of a firearm by a law enforcement agency to a retiring
peace officer who is authorized to carry a firearm pursuant to
Chapter 5 (commencing with Section 26300) of Division 5.
(b) Within 10 days of the date that a handgun, and commencing
January 1, 2014, any firearm, is sold, delivered, or transferred to
that retiring peace officer, the name of the officer and the make,
model, serial number, and other identifying characteristics of the
firearm being sold, delivered, or transferred shall be entered into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, delivered, or transferred the firearm,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or identification mark
assigned to it, that fact shall be noted in AFS. Any agency without
access to AFS shall arrange with the sheriff of the county in which
the agency is located to input this information via this system.
SEC. 79. Section 29.5 of this bill incorporates amendments to
Section 27590 of the Penal Code proposed by this bill and Assembly
Bill 109, which is chaptered but not yet operative. It shall only
become operative if (1) this bill is enacted and becomes effective on
or before January 1, 2012, (2) this bill amends Section 27590 of the
Penal Code, and (3) Assembly Bill 109 becomes operative, in which
case Section 27590 of the Penal Code, as amended by Section 29, shall
remain operative only until the operative date of Assembly Bill 109,
at which time Section 29.5 of this bill shall become operative, and
Section 29 of this bill shall not become
operative.
SEC. 80. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
