BILL NUMBER: AB 280 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY MAY 15, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 11, 2013
An act to amend Section 27590 of, and to add Section
27561 to, the Penal add Chapter 5 (commencing with
Section 400) to Division 0.5 of the Elections Code, relating to
firearms. elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 280, as amended, Alejo. Firearms.
Voting rights.
Existing law, the federal Voting Rights Act of 1965, provides that
a change in voting procedures may not take effect in a state or
political subdivision that is covered by the preclearance
requirements of the federal act until the change is approved by a
specified federal authority. A state or political subdivision is
covered by the preclearance requirements of the federal act if it
maintained a specified test or device as a prerequisite to voting,
and had low voter registration or turnout, in the 1960s and early
1970s. The United States Supreme Court has held that the coverage
formula of the federal act is unconstitutional and may not be used as
a basis for requiring a jurisdiction to subject a proposed change in
voting procedures to federal preclearance. Prior to that holding,
the counties of Kings, Monterey, and Yuba were covered jurisdictions
subject to the federal preclearance requirements.
This bill would establish a state preclearance system applicable
only to the counties of Kings, Monterey, and Yuba. Under this system,
if a county enacts or seeks to administer a voting qualification or
prerequisite to voting, or a standard, practice, or procedure with
respect to voting, that is different from that in force or effect on
June 25, 2013, the county elections official would be required to
submit the qualification, prerequisite, standard, practice, or
procedure to the Attorney General for approval. This bill would
require the Attorney General to approve the qualification,
prerequisite, standard, practice, or procedure only if it neither has
the purpose nor will have the effect of denying or abridging the
right to vote on account of race or color. This bill would provide
that the qualification, prerequisite, standard, practice, or
procedure shall not take effect or be administered in the county
until the county receives the approval of the Attorney General. By
requiring specified counties to seek approval of the Attorney General
for changes to voting procedures, this bill would impose a
state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the counties of Kings,
Monterey, and Yuba.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(1) Existing law requires the parties to a firearms transaction to
complete the sale, loan, or transfer through a licensed firearms
dealer if neither party to a firearms transaction holds a firearms
dealer's license.
This bill would prohibit a person, corporation, or dealer from
transporting or bringing a firearm into the state for the purpose of
selling, transferring, or loaning the firearm with the intent to
avoid the above requirement. The bill would make a violation of this
prohibition punishable by imprisonment in a county jail not exceeding
one year, or in a county jail for 16 months, or 2 or 3 years, or by
a fine not to exceed $1,000, or by both that fine and imprisonment.
The bill would also make a violation of this prohibition subject to
the 10-year prohibition on owning, purchasing, receiving, possessing,
or having a firearm. The bill would also make a person who violates
this prohibition ineligible for probation, except in an unusual case
where the interests of justice would best be served if the person is
granted probation. By creating a new crime, this bill would impose a
state-mandated local program.
(2) Existing law prohibits a licensed firearms dealer from
selling, supplying, delivering, or giving possession or control of a
handgun to any person under 21 years of age, or any other firearm to
a person under 18 years of age. Existing law prohibits a licensed
firearms dealer from delivering a firearm to a person within 10 days
of the application to purchase or if the Department of Justice has
notified the dealer that the person is prohibited from possessing a
firearm. Existing law prohibits a dealer from delivering a handgun if
the dealer is notified by the Department of Justice that the
purchaser has made another application to purchase a handgun within
the preceding 30-day period. Existing law also requires the firearm
to be unloaded and securely wrapped or in a locked container, and
requires that the purchaser present clear evidence of identity and
age and a handgun safety certificate before delivery.
This bill would prohibit a firearms dealer from transporting or
bringing into the state a firearm for the purpose of selling,
transferring, or loaning the firearm with the intent to violate the
above provisions. The bill would make a violation of this prohibition
punishable by imprisonment in a county jail not exceeding one year,
or in a county jail for 16 months, or 2 or 3 years, or by a fine not
to exceed $1,000, or by both that fine and imprisonment. The bill
would also make a violation of this prohibition subject to the
10-year prohibition on owning, purchasing, receiving, possessing, or
having a firearm. The bill would also make a person who violates this
prohibition ineligible for probation, except in an unusual case
where the interests of justice would best be served if the person is
granted probation. By creating a new crime, this bill would impose a
state-mandated local program.
(3) Existing law prohibits a licensed firearms dealer from
delivering a firearm to a person within 10 days of the application to
purchase or if the Department of Justice has notified the dealer
that the person is prohibited from possessing a firearm. Existing law
also requires that the purchaser present clear evidence of identity
and age and a handgun safety certificate before delivery.
This bill would prohibit a person from purchasing or receiving a
firearm from a dealer if the person knows or has reasonable cause to
believe that the delivery of the firearm by that dealer to that
person violates the above provisions. The bill would make a violation
of this prohibition a misdemeanor. If the violation involves a
handgun, the bill would make a violation of this provision punishable
by imprisonment in a county jail not exceeding one year, or in a
county jail for 16 months, or 2 or 3 years, or by a fine not to
exceed $1,000, or by both that fine and imprisonment. If the
violation involves a handgun, the bill would also make a violation of
this provision subject to the 10-year prohibition on owning,
purchasing, receiving, possessing, or having a firearm. If the
violation involves a handgun, the bill would also make a person who
violates this provision ineligible for probation, except in an
unusual case where the interests of justice would best be served if
the person is granted probation. By creating a new crime, this bill
would impose a state-mandated local program.
(4) Existing law prohibits a licensed firearms dealer from
delivering a firearm to a person within 10 days of the application to
purchase or if the Department of Justice has notified the dealer
that the person is prohibited from possessing a firearm. Existing law
prohibits a dealer from delivery a handgun if the dealer is notified
by the Department of Justice that the purchaser has made another
application to purchase a handgun within the preceding 30-day period.
Existing law also requires the firearm to be unloaded and securely
wrapped or in a locked container, and that the purchaser present
clear evidence of identity and age and a handgun safety certificate
before delivery.
This bill would require a California resident who seeks to own and
possess within the state a firearm acquired from outside of the
state to have the firearm delivered to a dealer in the state for
delivery pursuant to the above requirements. The bill would make a
violation of this provision a misdemeanor. If the violation involves
a handgun, the bill would make a violation of this provision
punishable by imprisonment in a county jail not exceeding one year,
or in a county jail for 16 months, or 2 or 3 years, or by a fine not
to exceed $1,000, or by both that fine and imprisonment. If the
violation involves a handgun, the bill would also make a violation of
this prohibition subject to the 10-year prohibition on owning,
purchasing, receiving, possessing, or having a firearm. If the
violation involves a handgun, the bill would also make a person who
violates this prohibition ineligible for probation, except in an
unusual case where the interests of justice would best be served if
the person is granted probation. By creating a new crime, this bill
would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The United States Congress enacted the federal Voting Rights
Act of 1965 (42 U.S.C. Sec. 1971 et seq.) to address the numerous
obstacles and barriers that had been erected by many states and local
governments to prevent the free exercise of the right to vote and to
participate on an equal basis in the electoral process by members of
racial minorities.
(b) Section 4 of the federal act provides a coverage formula
identifying jurisdictions with histories of discriminatory voting
practices. Under the coverage formula, a covered jurisdiction is a
state or political subdivision that maintained a specified test or
device as a prerequisite to voting, and had low voter registration or
turnout, in the 1960s and early 1970s. Section 4 prohibits a covered
jurisdiction from denying a person the right to vote because of his
or her failure to comply with that test or device.
(c) Section 5 of the federal act requires federal approval before
a covered jurisdiction may enact or seek to administer any voting
qualification or prerequisite to voting, or standard, practice, or
procedure with respect to voting. This approval process is known as
"preclearance." A jurisdiction may obtain preclearance only by
proving that the change has neither the purpose nor the effect of
denying or abridging the right to vote on account of race or color.
(d) In this state, the counties of Kings, Monterey, and Yuba were
each identified as a covered jurisdiction for purposes of federal
preclearance, which required each county to receive federal approval
for a proposed change to its voting procedures.
(e) Sections 4 and 5 of the federal act have contributed to the
immense progress in protecting and expanding the right to vote over
the past few decades by ensuring that state and local election
practices are just and fair.
(f) Recently, in Shelby County v. Holder (2013) 133 S.Ct. 2612,
the United States Supreme Court held that the coverage formula in
Section 4 of the federal act is unconstitutional in violation of the
Tenth Amendment to the United States Constitution and can no longer
be used as a basis for requiring jurisdictions to subject proposed
changes in voting procedures to federal preclearance. As a result, a
covered jurisdiction will no longer be required to submit proposed
changes to its voting procedures for federal preclearance, leaving
states and political subdivisions that have histories of voter
discrimination without safeguards to protect against discriminatory
voting practices.
(g) In an effort to remedy the abrupt ending to the federal
preclearance safeguards against discriminatory voting practices, this
bill establishes a state preclearance system, under which the
counties of Kings Monterey, and Yuba must receive the approval of the
state Attorney General before a change to voting procedures may take
effect in that county.
SEC. 2. Chapter 5 (commencing with Section 400) is
added to Division 0.5 of the Elections Code ,
to read:
CHAPTER 5. STATE PRECLEARANCE
400. This chapter applies only to Kings County, Monterey County,
and Yuba County.
401. If a county enacts or seeks to administer a voting
qualification or prerequisite to voting, or a standard, practice, or
procedure with respect to voting, that is different from that in
force or effect on June 25, 2013, the county elections official shall
submit the qualification, prerequisite, standard, practice, or
procedure to the Attorney General for approval. The Attorney General
shall approve the qualification, prerequisite, standard, practice, or
procedure only if it neither has the purpose nor will have the
effect of denying or abridging the right to vote on account of race
or color. The qualification, prerequisite, standard, practice, or
procedure shall not take effect or be administered in the county
until the county receives the approval of the Attorney General.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique histories of
discriminatory voting practices in the counties of Kings, Monterey,
and Yuba.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 27561 is added to the Penal
Code, to read:
27561. (a) A person, corporation, or dealer shall not transport
or bring into this state a firearm for the purpose of selling,
transferring, or loaning the firearm with the intent to avoid the
requirements of Section 27545, or with the intent to avoid the
requirements of any exemption to Section 27545.
(b) A dealer shall not transport or bring into this state a
firearm for the purpose of selling, transferring, or loaning the
firearm with the intent to violate Section 27510 or 27540.
(c) A person shall not purchase or receive a firearm from a
dealer, knowing or having reasonable cause to believe, that the
delivery of that firearm by that dealer to that person violations
subdivision (a), (c), (d), or (e) of Section 27540.
(d) A California resident who seeks to own and possess within the
state a firearm acquired from outside the state shall have that
firearm delivered to a dealer in this state for delivery to that
resident subject to the prohibitions specified in Section 27540.
(e) Subdivision (d) does not apply to or affect any of the
following:
(1) A licensed collector who is subject to and complies with
Section 27565.
(2) A dealer, if the dealer is receiving the firearm in the course
and scope of his or her activities as a dealer.
(3) A wholesaler, if the wholesaler is receiving the firearm in
the course and scope of his or her activities as a wholesaler.
(4) A person licensed as an importer of firearms or ammunition or
licensed as a manufacturer of firearms or ammunition pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto if the
importer or manufacturer is receiving the firearm in the course and
scope of his or her activities as a licensed importer or
manufacturer.
(5) A personal firearm importer who is subject to and complies
with Section 27560.
(6) A licensed collector who is subject to and complies with
Section 27966.
(7) A California resident who acquires ownership of a firearm by
bequest or intestate succession if the acquisition or ownership of
that firearm is exempt from the provisions of Section 27545 pursuant
to, and is in compliance with, Section 27875.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 2. 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 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, subdivision (b) of
Section 27500, or subdivision (a) or (b) of Section 27561.
(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, or subdivision (c) or (d) of
Section 27561 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. 3. 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.