BILL NUMBER: SB 1354 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2014
INTRODUCED BY Senator Knight
FEBRUARY 21, 2014
An act to amend Sections 18900, 23000, 23655, 26710, 26715,
27200, 27555, 28450, 29050, 29060, 29500, 30105, 31000, 31005, 31320,
31635, 32010, 32315, 32650, 32700, 33300, and 33850 of, and to
add Section 16030 to to, the Penal
Code, relating to deadly weapons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1354, as amended, Knight. Deadly weapons: permits and
licenses issued by applications to the
Department of Justice.
Existing law generally regulates deadly weapons, including
prohibitions on various types of deadly weapons. Under existing law,
the Department of Justice is required to review and approve or deny
applications for licenses and permits to, among other things,
possess, sell, lease, transfer, manufacture, surrender, or dispose of
certain other types of deadly weapons.
This bill would require , except as otherwise provided,
the department to make a determination on each
application for a license or permit for certain
applications related to deadly weapons within 90 days,
weapons, and notify the applicant in writing of
that determination determination,
within 10 days of the determination. 90
calendar days from the date the departme nt receives the
application. The bill would require the department to notify each
applicant in writing within 30 calendar days from the date an
application is received by the department if the department deems the
application to be incomplete. The bill would also require a
determination by the department denying an application to set forth
the specific reasons for the department's denial of the application,
and provide the applicant with a form for appealing the
department's determination. The bill would define
"determination" and "each application"
"application" for those purposes.
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 16030 is added to the Penal Code, to read:
16030. (a) Except as otherwise provided in this part,
the Department of Justice shall make a determination on each
application for a license or permit under this part before the
expiration of 90 calendar days from the date the department receives
the application. All of the following provisions shall
apply to the Department of Justice in reviewing and approving an
application received by the department pursuant to the provisions
specified in paragraph (1) of subdivision (b):
(1) The department shall notify each applicant in writing within
30 calendar days from the date an application is received by the
department if the department deems the application to be incomplete.
(2) (A) The department shall make a determination on each
application, and provide written notice of that determination to the
applicant, before the expiration of 90 calendar days from the date
the department receives the application.
(B) If the department is unable to make a determination on an
application within 90 calendar days due to circumstances beyond the
department's control, the time limit in subparagraph (A) may be
extended by written notice to the applicant setting forth the reasons
for the extension and the date on which a determination on the
application is expected.
(C) A written notice sent to an applicant pursuant to subparagraph
(B) shall not specify a date that would result in an extension for
more than 90 calendar days beyond the time limit in subparagraph (A).
(3) A determination by the department denying an application shall
set forth the specific reasons for the department's denial of the
application, and provide the applicant with a form for appealing the
department's determination.
(b) Except as otherwise provided in this part, the Department of
Justice shall give each applicant timely written notice of its
determination on each application for a license or permit under this
part, but in no case shall the date the department's notice is
transmitted exceed 10 calendar days from the date of its
determination.
(c)
(b) For purposes of this section, the following
definitions apply:
(1) "Application" means an application received by the Department
of Justice pursuant to Section 18900, 23000, 23655, 26710, 26715,
27200, 27555, 28450, 29050, 29060, 29500, 30105, 31000, 31005, 31320,
31635, 32010, 32315, 32650, 32700, 33300, or 33850.
(2) "Department" means the Department of Justice.
(1)
(3) "Determination" means a finding that an application
has been approved or denied by the Department of Justice.
(2) "Each application" means applications of all types under this
part, including, but not limited to, initial and renewal
applications.
(c) This section does not require the department to approve an
application if the department is not able to make a determination
within the time limits prescribed by this section.
SEC. 2. Section 18900 of the Penal Code
is amended to read:
18900. (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
(b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
(1) Has been convicted of any felony.
(2) Is addicted to the use of any narcotic drug.
(3) Is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(c) An application for a permit shall comply with all of the
following:
(1) It shall be filed in writing.
(2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.
(3) It shall state the name, business in which engaged, business
address, and a full description of the use to which the destructive
devices are to be put.
(d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
(e) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit pursuant to this
section.
SEC. 3. Section 23000 of the Penal Code
is amended to read:
23000. The Department of Justice may issue a permit for the
possession and transportation of tear gas or a tear gas weapon that
is not intended or certified for personal self-defense purposes, upon
proof that good cause exists for issuance of the permit to the
applicant. The permit may also allow the applicant to install,
maintain, and operate a protective system involving the use of tear
gas or a tear gas weapon in any place that is accurately and
completely described in the permit application. The Department
of Justice shall comply with Section 16030 in reviewi ng
and approving an application for a permit pursuant to this section.
SEC. 4. Section 23655 of the Penal Code
is amended to read:
23655. (a) The Department of Justice shall certify laboratories
to verify compliance with standards for firearm safety devices set
forth in Section 23650. The Department of Justice shall comply
with Section 16030 in reviewing and certifying laboratories pursuant
to this section.
(b) The Department of Justice may charge any laboratory that is
seeking certification to test firearm safety devices a fee not
exceeding the costs of certification, including costs associated with
the development and approval of regulations and standards pursuant
to Section 23650.
(c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test a firearm safety device and submit a copy of
the final test report directly to the Department of Justice, along
with the firearm safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and
the department's determination as to whether the firearm safety
device tested may be sold in this state.
(d) Commencing on July 1, 2001, the Department of Justice shall
compile, publish, and maintain a roster listing all of the firearm
safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearm safety devices, and may be sold in this state.
(e) The roster shall list, for each firearm safety device, the
manufacturer, model number, and model name.
(f) The department may randomly retest samples obtained from
sources other than directly from the manufacturer of the firearm
safety device listed on the roster to ensure compliance with the
requirements of this division.
(g) Firearm safety devices used for random sample testing and
obtained from sources other than the manufacturer shall be in new,
unused condition, and still in the manufacturer's original and
unopened package.
SEC. 5. Section 26710 of the Penal Code
is amended to read:
26710. (a) A person may request a certificate of eligibility from
the Department of Justice.
(b) The Department of Justice shall examine its records and
records available to the department in the National Instant Criminal
Background Check System in order to determine if the applicant is
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.
(c) The department shall issue a certificate to an applicant if
the department's records indicate that the applicant is not a person
who is prohibited by state or federal law from possessing firearms.
(d) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(e) The Department of Justice shall comply with Section 16030 in
reviewing and approving a request for a certificate of eligibility
pursuant to this section.
SEC. 6. Section 26715 of the Penal Code
is amended to read:
26715. (a) (1) Except as otherwise provided
in paragraphs (1) and (3) of subdivision (b), the Department of
Justice shall keep a centralized list of all persons licensed
pursuant to subdivisions (a) to (e), inclusive, of Section 26700.
(2) If the Department of Justice authorizes a person to apply to
be on the centralized list described in paragraph (1), the department
shall comply with Section 16030 in reviewing and approving that
application.
(b) (1) The department may remove from this list any person who
knowingly or with gross negligence violates a provision listed in
Section 16575.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Upon removal of a dealer from this list, notification shall be
provided to local law enforcement and licensing authorities in the
jurisdiction where the dealer's business is located.
(c) Information compiled from the list shall be made available,
upon request, for the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(3) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Article 1 (commencing with Section
27200) of Chapter 3, if that information is requested by the person
to determine the eligibility of a prospective participant in a gun
show or event to conduct transactions as a firearms dealer pursuant
to subdivision (b) of Section 26805.
(d) Information provided pursuant to subdivision (c) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(1) A person licensed pursuant to subdivisions (a) to (e),
inclusive, of Section 26700.
(2) A person who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code, and who is
not subject to the requirement of being licensed pursuant to
subdivisions (a) to (e), inclusive, of Section 26700.
SEC. 7. Section 27200 of the Penal Code
is amended to read:
27200. (a) No person shall produce, promote, sponsor, operate, or
otherwise organize a gun show or event, as specified in subdivision
(b) of Section 26805, unless that person possesses a valid
certificate of eligibility from the Department of Justice.
(b) Unless the department's records indicate that the applicant is
a person prohibited from possessing firearms, a certificate of
eligibility shall be issued by the Department of Justice to an
applicant provided the applicant does all of the following:
(1) Certifies that the applicant is familiar with the provisions
of this article and Article 2 (commencing with Section 27300).
(2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).
(3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.
(c) If during that year the information required by paragraph (3)
of subdivision (b) changes, or additional gun shows or events will be
promoted, produced, sponsored, operated, or otherwise organized by
the applicant, the producer shall notify the Department of Justice no
later than 30 days prior to the gun show or event.
(d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section.
(e) The Department of Justice shall recover the full costs of
administering the certificate of eligibility program by fees assessed
applicants who apply for certificates. A licensed gun show producer
shall be assessed an annual fee of eighty-five dollars ($85) by the
department.
(f) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 26710 to the maximum extent practicable.
(g) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a certificate of
eligibility pursuant to this section.
SEC. 8. Section 27555 of the Penal Code
is amended to read:
27555. (a) (1) Commencing July 1, 2008, a person who is licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code may not sell, deliver, or transfer a firearm
to a person in California who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
unless, prior to delivery, the person intending to sell, deliver, or
transfer the firearm obtains a verification number via the Internet
for the intended sale, delivery, or transfer, from the Department of
Justice. The Department of Justice shall comply with Section
16030 in reviewing and approving a request for a verification number
pursuant to this section.
(2) If Internet service is unavailable to either the department or
the licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section.
(b) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
Section 26715, or the centralized list of exempted federal firearms
licensees pursuant to Section 28450, or the centralized list of
firearms manufacturers pursuant to Section 29060.
(c) (1) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is authorized to receive
the firearm shipment, the department shall issue to the inquiring
party, a unique verification number for the intended sale, delivery,
or transfer. One verification number shall be issued for each sale,
delivery, or transfer, which may involve multiple firearms.
(2) In addition to the unique verification number, the department
may provide to the inquiring party information necessary for
determining the eligibility of the intended recipient to receive the
firearm.
(3) The person intending to sell, deliver, or transfer the firearm
shall provide the unique verification number to the recipient along
with the firearm upon delivery, in a manner to be determined by the
department.
(d) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is not authorized to
receive the firearm shipment, the department shall notify the
inquiring party that the intended recipient is ineligible to receive
the shipment.
(e) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or telephone,
including all required enrollment information and procedures.
SEC. 9. Section 28450 of the Penal Code
is amended to read:
28450. (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, importer, or
manufacturer of firearms whose licensed premises are within this
state and who declare to the department an exemption from the
firearms dealer licensing requirements of Section 26500.
(b) The list shall be known as the centralized list of exempted
federal firearms licensees.
(c) To qualify for placement on the centralized list, an applicant
shall do all of the following:
(1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of firearms.
(2) Possess a current, valid certificate of eligibility pursuant
to Section 26710.
(3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 26500.
(d) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application to be placed on the
centralized list pursuant to this section.
SEC. 10. Section 29050 of the Penal
Code is amended to read:
29050. (a) The Department of Justice shall accept applications
for, and shall grant licenses permitting, the manufacture of firearms
within this state.
(b) No license shall be granted by the department unless and until
the applicant presents proof that the applicant has all of the
following:
(1) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(2) Any regulatory or business license required by local
government.
(3) A valid seller's permit or resale certificate issued by the
State Board of Equalization, if applicable.
(4) A certificate of eligibility issued by the Department of
Justice pursuant to Section 26710.
(c) A license granted by the department shall be valid for no more
than one year from the date of issuance and shall be in the form
prescribed by the Attorney General.
(d) The department shall inform applicants who are denied licenses
of the reasons for the denial in writing.
(e) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a license pursuant to this
section.
SEC. 11. Section 29060 of the Penal
Code is amended to read:
29060. (a) Except as otherwise provided in subdivisions (a) and
(b) of Section 20965, 29065 the
Department of Justice shall maintain a centralized list of all
persons licensed pursuant to subdivision (b) of Section 29050.
(b) The centralized list shall be provided annually to each police
department and county sheriff within the state.
(c) If the Department of Justice authorizes a person to apply to
be on the centralized list described in subdivision (a), the
department shall comply with Section 16030 in reviewing and approving
that application.
SEC. 12. Section 29500 of the Penal
Code is amended to read:
29500. Any person who is at least 21 years of age may apply for
an entertainment firearms permit from the Department of Justice. An
entertainment firearms permit authorizes the permitholder to possess
firearms loaned to the permitholder for use solely as a prop in a
motion picture, television, video, theatrical, or other entertainment
production or event. The Department of Justice shall comply
with Section 16030 in reviewing and approving an application for a
permit pursuant to this section.
SEC. 13. 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. The Department of Justice shall comply with Section
16030 in reviewing and performing a firearms eligibility check
pursuant to this section.
(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 State Hospitals 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. 14. Section 31000 of the Penal
Code is amended to read:
31000. (a) Any person who lawfully acquired an assault weapon
before June 1, 1989, or a .50 BMG rifle before January 1, 2005, and
wishes to use it in a manner different than specified in Section
30945 shall first obtain a permit from the Department of Justice in
the same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.
(b) Any person who lawfully acquired an assault weapon between
June 1, 1989, and January 1, 1990, and wishes to keep it after
January 1, 1990, shall first obtain a permit from the Department of
Justice in the same manner as specified in Article 3 (commencing with
Section 32650) of Chapter 6.
(c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) On and after January 1, 2014, no partnership, corporation,
limited liability company, association, or any other group or entity,
regardless of how the entity was created, may be issued a permit to
posses possess an assault weapon or a .
50 BMG rifle.
(e) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit pursuant to this
section.
SEC. 15. Section 31005 of the Penal
Code is amended to read:
31005. (a) The Department of Justice may, upon a finding of good
cause, issue permits for the manufacture or sale of assault weapons
or .50 BMG rifles for the sale to, purchase by, or possession of
assault weapons or .50 BMG rifles by, any of the following:
(1) The agencies listed in Section 30625, and the officers
described in Section 30630.
(2) Entities and persons who have been issued permits pursuant to
this section or Section 31000.
(3) Federal law enforcement and military agencies.
(4) Law enforcement and military agencies of other states.
(5) Foreign governments and agencies approved by the United States
State Department.
(6) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (3) to (5), inclusive.
(b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section 32650)
of Chapter 6.
(c) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit
pursuant to this section.
SEC. 16. Section 31320 of the Penal
Code is amended to read:
31320. (a) Any person engaged in the manufacture or sale of body
armor may apply to the Department of Justice for certification that a
particular type of body armor manufactured or sold by that person is
acceptable.
(b) The applicant shall reimburse the state for any actual
expenses incurred by the state in testing and certifying a particular
type of body armor.
(c) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for certification pursuant to
this section.
SEC. 17. Section 31635 of the
Penal Code , as added by Section 24 of Chapter 761 of
the Statutes of 2013, is amended to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all firearm safety
certificate instructors. The Department of Justice shall comply
with Section 16030 in reviewing and certifying a firearm safety
instructor pursuant to this section.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations, as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer is not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
(c) This section shall become operative on January 1, 2015.
SEC. 18. Section 32010 of the Penal
Code is amended to read:
32010. (a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state, imported
into the state for sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable of
being concealed upon the person meets or exceeds the standards
defined in Section 31910.
(b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 31910. The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to Sections 31900
to 32110, inclusive, a fee not exceeding the costs of certification.
The Department of Justice shall comply with Section 16030 in
reviewing and certifying laboratories pursuant to this section.
(c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it does not have either a chamber load
indicator, or a magazine disconnect mechanism if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it does not have both a chamber load indicator
and a magazine disconnect mechanism.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to Sections 31900 to 32110,
inclusive, if it has a detachable magazine, and does not have a
magazine disconnect mechanism.
SEC. 19. Section 32315 of the Penal
Code is amended to read:
32315. Upon a showing that good cause exists, the Department of
Justice may issue permits for the possession, transportation, or sale
between a person licensed pursuant to Sections 26700 to 26915,
inclusive, and an out-of-state client, of large-capacity magazines.
The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit pursuant to this
section.
SEC. 20. Section 32650 of the Penal
Code is amended to read:
32650. (a) The Department of Justice may issue permits for the
possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance of the permit to the
applicant. No permit shall be issued to a person who is under 18
years of age.
(b) A permit for possession issued pursuant to this section may
only be issued to an individual, and may not be issued to a
partnership, corporation, limited liability company, association, or
any other group or entity, regardless of how that entity was created.
(c) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit pursuant to this
section.
SEC. 21. Section 32700 of the Penal
Code is amended to read:
32700. (a) The Department of Justice may
grant a license to permit the sale of machineguns at the place
specified in the license, subject to all of the following conditions:
(a)
(1) The business shall be carried on only in the place
designated in the license.
(b)
(2) The license or a certified copy of the license must
be displayed on the premises in a place where it may easily be read.
(c)
(3) No machinegun shall be delivered to any person not
authorized to receive the machinegun under the provisions of this
chapter.
(d)
(4) A complete record must be kept of sales made under
the authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser's permit, if
any, and the signature of the purchaser or purchasing agent. This
record shall be open to the inspection of any peace officer or other
person designated by the Attorney General.
(b) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a license pursuant to this
section.
SEC. 22. Section 33300 of the Penal
Code is amended to read:
33300. (a) Upon a showing that good cause exists for issuance of
a permit to the applicant, and if the Department of Justice finds
that issuance of the permit does not endanger the public safety, the
department may issue a permit for the manufacture, possession,
importation, transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid for a
period of one year, and renewable annually thereafter. No permit
shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited
to only the following:
(1) The permit is sought for the manufacture, possession,
importation, or use with blank cartridges, of a short-barreled rifle
or short-barreled shotgun, solely as a prop for a motion picture,
television, or video production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in Section 33220 by persons who are licensed as dealers or
manufacturers under the provisions of Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, as amended, and
the regulations issued pursuant thereto.
(c) The Department of Justice shall comply with Section 16030 in
reviewing and approving an application for a permit pursuant to this
section.
SEC. 23. 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 Department of
Justice shall comply with Section 16030 in reviewing and approving an
application for a determination pursuant to this section. 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.