BILL NUMBER: AB 1545 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 3, 2014
INTRODUCED BY Assembly Member Gray
JANUARY 23, 2014
An act to amend Sections 11106, 27570
, and 28000 of, and to add Section 27965 to, the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1545, as amended, Gray. Firearms: ownership.
Existing law generally regulates the ownership and transfer of
firearms. Existing law requires the Attorney General to maintain a
registry of specified information concerning the sale, lease, or
transfer of firearms, and to include in the registry specified data
provided to the Department of Justice. Existing law also authorizes a
person who is exempt from specified registration requirements or who
moves out of state to report information regarding the acquisition,
ownership, destruction, or disposal of a firearm to the Department of
Justice in a format prescribed by the department.
Existing law also requires every firearms dealer to maintain a
register or record of electronic transfer of firearms, except as
specified, in a form prescribed by the department, including, among
other information, the name, occupation, and gender of the purchaser.
Existing law requires both parties to the sale, loan, or transfer of
a firearm to complete the transaction through a licensed firearms
dealer, as specified, if neither party to the transaction holds a
dealer's license.
This bill would create an exemption from this requirement to
complete a firearms transaction through a licensed dealer for a
person who reports his or her ownership of a firearm to the
department. The bill would require the department to register the
firearm within 30 days of the receipt of the report, subject to
specified restrictions. The bill would also apply those restrictions
to a person who is exempt under existing law from the requirement to
complete a firearms transaction through a licensed firearms dealer or
who moves out of state with the firearm.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code 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 (b), 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 or 29830, 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, information
provided pursuant to Section 28255, 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) Section 28000.
(G) Section 28255.
(H) 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, Section 28255, 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
that 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.
SEC. 2. SECTION 1. Section 27570 of
the Penal Code is amended to read:
27570. (a) It is the intent of the Legislature that a violation
of Section 27560 or 27565 shall not constitute a "continuing offense"
and the statute of limitations for commencing a prosecution for a
violation of Section 27560 or 27565 commences on the date that the
applicable grace period specified in Section 27560 or 27565 expires.
(b) Sections 27560 and 27565 shall not apply to a person who
reports ownership of a firearm after the applicable grace period
specified in Section 27560 or 27565 expires if evidence of that
violation arises only as the result of the person submitting the
report described in Section 27560 or 27565.
(c) Section 27545 shall not apply to a person who reports
ownership of a firearm pursuant to subdivision (b) of Section 28000
if evidence of that violation arises only as the result of the person
submitting the report described in that subdivision.
SEC. 3. SEC. 2. Section 27965 is
added to the Penal Code, to read:
27965. Section 27545 does not apply to the receipt, purchase, or
other acquisition of ownership of a firearm by a person who reports
his or her ownership of that firearm to the Department of Justice
pursuant to subdivision (b) of Section 28000 and who is listed with
the Department of Justice pursuant to Section 11106 as the registered
owner of the firearm.
SEC. 4. SEC. 3. Section 28000 of the
Penal Code is amended to read:
28000. (a) Except as provided in subdivision (b), a person who is
exempt from Section 27545 or is otherwise not required by law to
report acquisition, ownership, destruction, or disposal of a firearm,
or who moves out of this state with the person's firearm, may report
that information to the Department of Justice in a format prescribed
by the department.
(b) (1) This subdivision applies only to an individual who reports
his or her ownership of a firearm to the Department of Justice and
states that his or her receipt, purchase, or other acquisition of the
firearm is exempt from the requirements of Section 27545 pursuant to
Section 27965.
(2) A person described in paragraph (1) shall report his or her
ownership of a firearm in accordance with the procedures of and in a
format prescribed by the department.
(3) Unless subdivision (c) applies, firearms shall be registered
in accordance with this section within 30 days of the receipt of the
report described in paragraph (2) by the department and all fees
required by paragraph (3) of subdivision (a) of Section 28230.
(c) A firearm that is reported pursuant to subdivision (a) or (b)
shall not be entered into the registry specified in Section 11106 as
being registered to the person making the report if any of the
following applies:
(1) The person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(2) All fees required by paragraph (3) of subdivision (a) of
Section 28230 have not been paid.
(3) The firearm is any of the following:
(A) Prohibited by Section 16590.
(B) An assault weapon as defined in Section 30510 or 30515.
(C) A machinegun as defined in Section 16880.
(D) A .50 BMG rifle as defined in Section 30530.
(E) A destructive device as defined in Section 16460.
(4) The person is a minor.
(5) The firearm has been reported lost or stolen pursuant to
Section 11108.
(d) If a firearm is reported pursuant to subdivision (b), in
addition to the restrictions set forth in subdivision (c), the
firearm shall not be entered into the registry specified in Section
11106 as being registered to that person making the report unless:
(1) If the firearm is a handgun, either of the following applies:
(A) The person has either a valid firearm safety certificate or an
unexpired handgun safety certificate.
(B) The person is exempt from the requirement to have a valid
firearm safety certificate to purchase or receive a firearm.
(2) If the firearm is not a handgun, either of the following
applies:
(A) The person has a valid firearm safety certificate or an
unexpired handgun safety certificate.
(B) The person is exempt from the requirement to have a valid
firearm safety certificate to purchase or receive a firearm.