Bill Text: CA SB1178 | 2011-2012 | Regular Session | Introduced

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Bill Title: Firearms: return to owner.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-01 - Referred to Com. on RLS. [SB1178 Detail]

Download: California-2011-SB1178-Introduced.html

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BILL NUMBER: SB 1178	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Berryhill

                        FEBRUARY 22, 2012

   An act to amend Section 33855 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1178, as introduced, Berryhill. Firearms: return to owner.
   Under existing law, a law enforcement agency or court that has
taken custody of a firearm is prohibited from returning the firearm
to an individual unless specified requirements are met, including,
but not limited to, requiring the person to be eligible to possess a
firearm and the firearm being listed as belonging to that individual
on the Automated Firearms System.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 33855 of the Penal Code is amended to read:
   33855.  No law enforcement agency or court that has taken custody
of  any   a  firearm may return the firearm
to  any   an  individual unless the
following requirements are satisfied:
   (a) The individual presents to the agency or court notification of
a determination by the department  ,  pursuant to Section
33865  ,  that the person is eligible to possess firearms.
   (b) If the agency or court has direct access to the Automated
Firearms System, the agency or court has verified that the firearm is
not listed as stolen pursuant to Section 11108, and that the firearm
has been recorded in the Automated Firearms System in the name of
the individual who seeks its return.
   (c) If the firearm has been reported lost or stolen pursuant to
Section 11108, a law enforcement agency shall notify the owner or
person entitled to possession pursuant to Section 11108.5. However,
that person shall provide proof of eligibility to possess a firearm
pursuant to Section 33865.
   (d) Nothing in this section shall prevent the local law
enforcement agency from charging the rightful owner or person
entitled to possession of the firearm the fees described in Section
33880. However, an individual who is applying for a background check
to retrieve a firearm that came into the custody or control of a
court or law enforcement agency pursuant to Section 33850 shall be
exempt from the fees in Section 33860, provided that the court or
agency determines the firearm was reported stolen to a law
enforcement agency prior to the date the firearm came into custody or
control of the court or law enforcement agency, or within five
business days of the firearm being stolen from its owner. The court
or agency shall notify the Department of Justice of this fee
exemption in a manner prescribed by the department.