BILL NUMBER: SB 1037 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Allen
FEBRUARY 12, 2016
An act to add Section 648 to the Evidence Code, to amend Section
5343.5 of the Food and Agricultural Code, to amend Sections 11106,
23635, 23690, 25560, 26405, 26825, 26880, 26885, 27520, 27570, 27590,
28000, 28160, 28200, 31700, and 32110 of, to add Article 3.5
(commencing with Section 28270) to Chapter 6 of Division 6 of Title 4
of Part 6 of, and to repeal and add Section 26379 of, the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1037, as introduced, Allen. Return of firearms: special
procedures.
Existing law establishes various presumptions pertaining to the
burden of producing evidence under various circumstances.
This bill would establish a presumption that a person who is
listed in the registry that records firearm ownership maintained by
the Department of Justice or who is listed in the Consolidated
Firearms Information System, as the owner of a firearm, an assault
weapon, or a .50 BMG rifle, is in possession of that firearm until
the department is notified to the contrary.
Existing law requires the director of the Department of Food and
Agriculture to maintain quarantine inspection stations. Existing law
requires that a sign be conspicuously posted at any inspection
station maintained at or near the California border stating that the
Federal Gun Control Act may prohibit persons from bringing firearms
into the state that were acquired outside of the state.
The bill would require that these inspection station signs also
state that California law may prohibit a person from bringing a
firearm into the state that was acquired outside of the state.
Existing law generally regulates the sale and transfer of
firearms. Existing law requires a firearms transaction conducted by a
firearms dealer to include, among other things, a background check
of the purchaser, and certain personal information about the
purchaser to be submitted to the department. Existing law requires a
firearm transfer between 2 persons, neither of whom are a firearms
dealer, to be conducted through a dealer. Similarly, existing law
requires a person who imports or transports a firearm into this state
that was obtained outside of the state to have the firearm delivered
to a dealer for delivery to that person.
This bill would provide a return process for firearms obtained
under the circumstances described above and in violation of the
requirement that a firearms dealer conduct the transfer. The bill
would require the owner of the firearm to deliver the firearm to a
firearms dealer, who would report taking possession of the firearm to
the department, and would require the firearm to be returned to the
prior owner after a background check and other requirements that
apply to a firearms transaction conducted by a dealer have been met.
A violation of these provisions by a dealer would be a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
The bill would make conforming changes to other provisions of law
relating to records of firearms transactions kept by the department
and a firearms dealer. The bill would, for firearms complying with
those return provisions, make conforming changes to other provisions
of law that provide exceptions from various prohibitions, including,
among others, exceptions to the prohibition against carrying a
concealed firearm, to the prohibition against openly carrying a
firearm, and to carrying a firearm that is not a handgun in public.
The bill would, for firearms returned pursuant to the return
provisions, also make exceptions to other provisions of law requiring
firearm safety devices, firearm safety certificates, and regulating
unsafe handguns.
Existing law requires reports of ownership be filed within certain
grace periods for firearms brought or imported into the state by a
personal firearms importer or licensed collector. Existing law makes
a violation of these provisions a misdemeanor. Existing law provides
that failure to submit those reports within the grace period is not a
continuing offense.
This bill would provide that those violations committed on or
after January 1, 2017, would be a continuing offense. The bill would
make a violation of those provisions, in the case of a handgun,
punishable as a misdemeanor or a felony.
By increasing the penalty for an existing offense, this bill would
impose a state-mandated local program.
The bill would provide that the violations of failing to process a
firearms transaction through a dealer when neither party to the
transaction is a dealer, and of importing a firearm without it going
to a dealer for delivery to the importer would be a continuing
offense if committed on or after January 1, 2017. The bill would also
provide that those violations would not apply if the only evidence
of the violation arises because of information supplied to the
Department of Justice in connection with the return process described
above.
Existing law prohibits a person, corporation, or dealer from
acquiring a firearm for the purpose of selling, loaning, or
transferring the firearm if the dealer has the intent to transfer the
firearm to a minor or to evade specified requirements on the
transfer of firearms, or in the case of a person, if the person
intends to violate the requirement that the transaction be conducted
through a licensed firearms dealer. A violation of these provisions
is punishable as a misdemeanor or a felony.
This bill would similarly prohibit a person, corporation, or
dealer from transporting a firearm or bringing a firearm into this
state for the purpose of selling, loaning, or transferring the
firearm with the intent specified above. By expanding the definition
of a 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. Section 648 is added to the Evidence Code, to read:
648. A person who is listed in the registry maintained by the
Department of Justice pursuant to Section 11106 of the Penal Code, or
who is listed in the Consolidated Firearms Information System, as
the owner of a firearm, an assault weapon, or a .50 BMG rifle is
presumed to be in possession of that firearm until the department is
notified to the contrary pursuant to procedures adopted by the
department pursuant to Section 28000 of the Penal Code.
SEC. 2. Section 5343.5 of the Food and Agricultural Code is
amended to read:
5343.5. At any inspection station maintained at or near the
California border by the director pursuant to Section 5341, the
following sign shall be conspicuously posted in block letters not
less than four inches in height:
"NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND
THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING
WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS
STATE.
IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW
REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED
FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.
IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN
BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN
CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE
OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY."
SEC. 3. Section 11106 of the Penal Code is amended to read:
11106. (a) (1) 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 of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to
Section 26225, 27875, 27920, 28270, or 29830.
(D) Dealers' records of sales of firearms.
(E) 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.
(F) Forms provided pursuant to Section 12084, as that section read
prior to being repealed on January 1, 2006.
(G) 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.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in
any city or county of this state.
(2) The Attorney General shall, upon proper application therefor,
furnish the 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 28255.
(G) 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
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) If the conditions specified in paragraph (2) are met, 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 any of the
following:
(A) Section 26225, 27875, or 27920 27920,
or 28270 .
(B) 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.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(E) Article 2 (commencing with Section 28150) of Chapter 6 of
Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of
Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only
if all of the following conditions are satisfied:
(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.
(3) 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. 4. Section 23635 of the Penal Code is amended to read:
23635. (a) Any firearm sold or transferred in this state by a
licensed firearms dealer, including a private transfer through a
dealer, a firearm returned to its owner by a dealer pursuant to
Section 28270, and any firearm manufactured in this state,
shall include or be accompanied by a firearm safety device that is
listed on the Department of Justice's roster of approved firearm
safety devices and that is identified as appropriate for that firearm
by reference to either the manufacturer and model of the firearm, or
to the physical characteristics of the firearm that match those
listed on the roster for use with the device.
(b) The sale or transfer of a firearm
firearm, or the return of a firearm to its owner pursuant to Section
28270, shall be exempt from subdivision (a) if both of the
following apply:
(1) The purchaser or transferee purchaser,
transferee, or owner owns a gun safe that meets the standards
set forth in Section 23650. Gun safes shall not be required to be
tested, and therefore may meet the standards without appearing on the
Department of Justice roster.
(2) The purchaser or transferee purchaser,
transferee, or owner presents an original receipt for purchase
of the gun safe, or other proof of purchase or ownership of the gun
safe as authorized by the Attorney General, to the firearms dealer.
The dealer shall maintain a copy of this receipt or proof of purchase
with the dealer's record of sales of firearms.
(c) The sale or transfer of a firearm
firearm, or the return of a firearm to its owner pursuant to Section
28270, shall be exempt from subdivision (a) if all of the
following apply:
(1) The purchaser or transferee purchaser,
transferee, or owner purchases an approved safety
device no more than 30 days prior to the day the purchaser or
transferee takes possession of the firearm.
(2) The purchaser or transferee purchaser,
transferee, or owner presents the approved safety device to
the firearms dealer when picking up the firearm.
(3) The purchaser or transferee purchaser,
transferee, or owner presents an original receipt to the
firearms dealer, which shows the date of purchase, the name, and the
model number of the safety device.
(4) The firearms dealer verifies that the requirements in
paragraphs (1) to (3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with
the dealer's record of sales of firearms.
(d) (1) Any long-gun safe commercially sold or transferred in this
state, or manufactured in this state for sale in this state, that
does not meet the standards for gun safes adopted pursuant to Section
23650 shall be accompanied by the following warning:
"WARNING: This gun safe does not meet the safety standards for gun
safes specified in California Penal Code Section 23650. It does not
satisfy the requirements of Penal Code Section 23635, which mandates
that all firearms sold in California be accompanied by a firearm
safety device or proof of ownership, as required by law, of a gun
safe that meets the Section 23650 minimum safety standards developed
by the California Attorney General."
(2) This warning shall be conspicuously displayed in its entirety
on the principal display panel of the gun safe's package, on any
descriptive materials that accompany the gun safe, and on a label
affixed to the front of the gun safe.
(3) This warning shall be displayed in both English and Spanish,
in conspicuous and legible type in contrast by typography, layout, or
color with other printed matter on the package or descriptive
materials, in a manner consistent with Part 1500.121 of Title 16 of
the Code of Federal Regulations, or successor regulations thereto.
(e) Any firearm sold or transferred in this state by a licensed
firearms dealer, including a private transfer through a dealer,
a firearm returned to its owner by a dealer pursuant to Section
28270, and any firearm manufactured in this state, shall be
accompanied by warning language or a label as described in Section
23640.
SEC. 5. Section 23690 of the Penal Code is amended to read:
23690. (a) (1) The Department of Justice may require each dealer
to charge each firearm purchaser or transferee
purchaser, transferee, or owner where a firearm is returned to
its owner by a dealer pursuant to Section 28270, a fee not to
exceed one dollar ($1) for each firearm transaction.
transaction or return.
(2) The fee shall be for the purpose of supporting department
program costs related to this act, including the establishment,
maintenance, and upgrading of related database systems and public
rosters.
(b) (1) There is hereby created within the General Fund the
Firearm Safety Account.
(2) Revenue from the fee imposed by subdivision (a) shall be
deposited into the Firearm Safety Account and shall be available for
expenditure by the Department of Justice upon appropriation by the
Legislature.
(3) Expenditures from the Firearm Safety Account shall be limited
to program expenditures as defined by subdivision (a).
SEC. 6. Section 25560 of the Penal Code is amended to read:
25560. Section 25400 does not apply to, or affect, the
transportation of a firearm by a person in order to utilize Section
28000 or 28270 as it pertains to that firearm.
SEC. 7. Section 26379 of the Penal Code is repealed.
26379. Paragraph (1) of subdivision (a) of Section 26350 does not
apply to, or affect, the open carrying of an unloaded handgun
incident to any of the following:
(a) Complying with Section 27560 or 27565, as it pertains to that
handgun.
(b) Section 28000, as it pertains to that handgun.
(c) Section 27850 or 31725, as it pertains to that handgun.
(d) Complying with Section 27870 or 27875, as it pertains to that
handgun.
(e) Complying with Section 27915, 27920, or 27925, as it pertains
to that handgun.
SEC. 8. Section 26379 is added to the Penal Code, to read:
26379. Paragraph (1) of subdivision (a) of Section 26350 does not
apply to, or affect, the open carrying of an unloaded handgun
incident to complying with Section 27560, 27565, 27850, 27875, 27920,
27925, 28000, 28270, or 31725, as those sections pertain to that
handgun.
SEC. 9. Section 26405 of the Penal Code is amended to read:
26405. Section 26400 does not apply to, or affect, the carrying
of an unloaded firearm that is not a handgun in any of the following
circumstances:
(a) By a person when carried within a place of business, a place
of residence, or on private real property, if that person, by virtue
of subdivision (a) of Section 25605, may carry a firearm within that
place of business, place of residence, or on that private real
property owned or lawfully occupied by that person.
(b) By a person when carried within a place of business, a place
of residence, or on private real property, if done with the
permission of a person who, by virtue of subdivision (a) of Section
25605, may carry a firearm within that place of business, place of
residence, or on that private real property owned or lawfully
occupied by that person.
(c) When the firearm is either in a locked container or encased
and it is being transported directly between places where a person is
not prohibited from possessing that firearm and the course of travel
shall include only those deviations between authorized locations as
are reasonably necessary under the circumstances.
(d) If the person possessing the firearm reasonably believes that
he or she is in grave danger because of circumstances forming the
basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating Section 26400, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.
(e) By a peace officer or an honorably retired peace officer if
that officer may carry a concealed firearm pursuant to Article 2
(commencing with Section 25450) of Chapter 2, or a loaded firearm
pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(f) By a person to the extent that person may openly carry a
loaded firearm that is not a handgun pursuant to Article 4
(commencing with Section 26000) of Chapter 3.
(g) As merchandise by a person who is engaged in the business of
manufacturing, importing, wholesaling, repairing, or dealing in
firearms and who is licensed to engage in that business, or the
authorized representative or authorized agent of that person, while
engaged in the lawful course of the business.
(h) By a duly authorized military or civil organization, or the
members thereof, while parading or while rehearsing or practicing
parading, when at the meeting place of the organization.
(i) By a member of a club or organization organized for the
purpose of practicing shooting at targets upon established target
ranges, whether public or private, while the members are using
firearms that are not handguns upon the target ranges or incident to
the use of a firearm that is not a handgun at that target range.
(j) By a licensed hunter while engaged in hunting or while
transporting that firearm when going to or returning from that
hunting expedition.
(k) Incident to transportation of a handgun by a person operating
a licensed common carrier, or by an authorized agent or employee
thereof, when transported in conformance with applicable federal law.
(l) By a member of an organization chartered by the Congress of
the United States or a nonprofit mutual or public benefit corporation
organized and recognized as a nonprofit tax-exempt organization by
the Internal Revenue Service while on official parade duty or
ceremonial occasions of that organization or while rehearsing or
practicing for official parade duty or ceremonial occasions.
(m) Within a gun show conducted pursuant to Article 1 (commencing
with Section 27200) and Article 2 (commencing with Section 27300) of
Chapter 3 of Division 6.
(n) Within a school zone, as defined in Section 626.9, with the
written permission of the school district superintendent, the
superintendent's designee, or equivalent school authority.
(o) When in accordance with the provisions of Section 171b.
(p) By a person while engaged in the act of making or attempting
to make a lawful arrest.
(q) By a person engaged in firearms-related activities, while on
the premises of a fixed place of business that is licensed to conduct
and conducts, as a regular course of its business, activities
related to the sale, making, repair, transfer, pawn, or the use of
firearms, or related to firearms training.
(r) By an authorized participant in, or an authorized employee or
agent of a supplier of firearms for, a motion picture, television, or
video production or entertainment event, when the participant
lawfully uses that firearm as part of that production or event, as
part of rehearsing or practicing for participation in that production
or event, or while the participant or authorized employee or agent
is at that production or event, or rehearsal or practice for that
production or event.
(s) Incident to obtaining an identification number or mark
assigned for that firearm from the Department of Justice pursuant to
Section 23910.
(t) At an established public target range while the person is
using that firearm upon that target range.
(u) By a person when that person is summoned by a peace officer to
assist in making arrests or preserving the peace, while the person
is actually engaged in assisting that officer.
(v) Incident to any of the following:
(1) Complying with Section 27560 or 27565, as it pertains to that
firearm.
(2) Section 28000, as it pertains to that firearm.
(3) Section 27850 or 31725, as it pertains to that firearm.
(4) Complying with Section 27870 or 27875, as it pertains to that
firearm.
(5) Complying with Section 27915, 27920, or 27925, as it pertains
to that firearm.
(v) Incident to complying with Section 27560, 27565, 27850, 27875,
27920, 27925, 28000, 28270, or 31725, as those sections pertain to
that handgun.
(w) Incident to, and in the course and scope of, training of, or
by an individual to become a sworn peace officer as part of a course
of study approved by the Commission on Peace Officer Standards and
Training.
(x) Incident to, and in the course and scope of, training of, or
by an individual to become licensed pursuant to Chapter 4 (commencing
with Section 26150) as part of a course of study necessary or
authorized by the person authorized to issue the license pursuant to
that chapter.
(y) Incident to and at the request of a sheriff, chief, or other
head of a municipal police department.
(z) If all of the following conditions are satisfied:
(1) The open carrying occurs at an auction or similar event of a
nonprofit public benefit or mutual benefit corporation at which
firearms are auctioned or otherwise sold to fund the activities of
that corporation or the local chapters of that corporation.
(2) The unloaded firearm that is not a handgun is to be auctioned
or otherwise sold for that nonprofit public benefit or mutual benefit
corporation.
(3) The unloaded firearm that is not a handgun is to be delivered
by a person licensed pursuant to, and operating in accordance with,
Sections 26700 to 26915, inclusive.
(aa) Pursuant to paragraph (3) of subdivision (b) of Section 171c.
(ab) Pursuant to Section 171d.
(ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision
(c) of Section 171.7.
(ad) On publicly owned land, if the possession and use of an
unloaded firearm that is not a handgun is specifically permitted by
the managing agency of the land and the person carrying that firearm
is in lawful possession of that firearm.
(ae) By any of the following:
(1) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 1 (commencing with Section 18710)
of Division 5 of Title 2 by a person who holds a permit issued
pursuant to Article 3 (commencing with Section 18900) of that
chapter, if the carrying of that firearm is conducted in accordance
with the terms and conditions of the permit.
(2) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 2 (commencing with Section 30500)
of Division 10 by a person who holds a permit issued pursuant to
Section 31005, if the carrying of that firearm is conducted in
accordance with the terms and conditions of the permit.
(3) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 6 (commencing with Section 32610)
of Division 10 by a person who holds a permit issued pursuant to
Section 32650, if the carrying of that firearm is conducted in
accordance with the terms and conditions of the permit.
(4) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Article 2 (commencing with Section 33300)
of Chapter 8 of Division 10 by a person who holds a permit issued
pursuant to Section 33300, if the carrying of that firearm is
conducted in accordance with the terms and conditions of the permit.
(af) By a licensed hunter while actually engaged in training a dog
for the purpose of using the dog in hunting that is not prohibited
by law, or while transporting the firearm while going to or returning
from that training.
(ag) Pursuant to the provisions of subdivision (d) of Section
171.5.
(ah) By a person who is engaged in the business of manufacturing
ammunition and who is licensed to engage in that business, or the
authorized representative or authorized agent of that person, while
the firearm is being used in the lawful course and scope of the
licensee's activities as a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and regulations issued pursuant thereto.
(ai) On the navigable waters of this state that are held in public
trust, if the possession and use of an unloaded firearm that is not
a handgun is not prohibited by the managing agency thereof and the
person carrying the firearm is in lawful possession of the firearm.
SEC. 10. Section 26825 of the Penal Code is amended to read:
26825. A licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Chapter 5
(commencing with Section 28050) and Section 28270 .
SEC. 11. Section 26880 of the Penal Code is amended to read:
26880. A licensee shall not misstate the amount of fees charged
by a governmental agency pursuant to Section 12806, Chapter 5
(commencing with Section 28050), and Article 3
(commencing with Section 28200) of Chapter 6
6, and Section 28270 .
SEC. 12. Section 26885 of the Penal Code is amended to read:
26885. (a) Except as provided
in subdivisions (b) and (c) of Section 26805, all firearms that are
in the inventory of a licensee shall be kept within the licensed
location.
(b) Within 48 hours of discovery, a licensee shall report the loss
or theft of any of the following items to the appropriate law
enforcement agency in the city, county, or city and county where the
licensee's business premises are located:
(1) Any firearm that is merchandise of the licensee.
(2) Any firearm that the licensee takes possession of pursuant to
Chapter 5 (commencing with Section 28050) or Section 28270
.
(3) Any firearm kept at the licensee's place of business.
SEC. 13. Section 27520 of the Penal Code is amended to read:
27520. No (a) A
person, corporation, or dealer shall not acquire
within this state or bring into this state a firearm for
the purpose of selling, loaning, or transferring the firearm
, if the person, corporation, or dealer has either of the
following:
(a)
(1) In the case of a dealer, intent to violate Section
27510 or 27540.
(b)
(2) In any other case, intent to avoid either of the
following:
(1)
(A) The provisions of Section 27545.
(2)
(B) The requirements of any exemption to the provisions
of Section 27545.
(b) 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 this code shall not be punished under more than one
provision.
SEC. 14. 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 committed on or after January 1, 2017,
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 handgun 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) It is the intent of the Legislature that a violation of
Section 27545 committed on or after January 1, 2017, shall constitute
a "continuing offense" and a prosecution may be brought any time
after the violation of Section 27545 is committed or the applicable
grace period as part of an exemption to Section 27545 expires.
(d) Section 27545 shall not apply to a person who transfers a
firearm to or receives a firearm from a dealer if the only evidence
of violating that section arises as the result of information
provided to the Department of Justice pursuant to Section 28270.
(e) Section 27545 shall not apply to a person who reports
ownership of a firearm after the applicable grace period specified in
Article 2 (commencing with Section 27600) or Article 6 (commencing
with Section 2785) expires if the only evidence of violating that
section arises as the result of the person submitting the report
described in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850).
(f) It is the intent of the Legislature that a violation of
Section 27585 shall constitute a "continuing offense" and a
prosecution may be brought any time after the violation of Section
27585 is committed or the applicable grace period as part of an
exemption to Section 27585 expires.
(g) Section 27585 shall not apply to a person who transfers a
firearm to or receives a firearm from a dealer if the only evidence
of violating that section arises as the result of information
provided to the Department of Justice pursuant to Section 28270.
(h) Sections 27585 shall not apply to a person who reports
ownership of a firearm after the applicable grace period for an
exemption from Section 27585 expires if the only evidence of
violating that section arises as the result of the person submitting
the report that is subject to the grace period.
SEC. 15. 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, 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.
handgun or a centerfire semiautomatic rifle.
(6) A violation of Section 27550.
(7) A violation of Section 27560 committed on or after January 1,
2017, involving a handgun or a centerfire semiautomatic rifle.
(8) A violation of Section 27565 committed on or after January 1,
2017, involving a handgun or a centerfire semiautomatic rifle.
(7)
(9) A violation of Section 27585 involving a
handgun. handgun or a centerfire semiautomatic rifle.
(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. 16. Section 28000 of the Penal Code is amended to read:
28000. (a) 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) A firearm that is reported pursuant to subdivision (a) 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
apply:
(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.
SEC. 17. Section 28160 of the Penal Code is amended to read:
28160. (a) 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) Any applicable waiting period exemption information.
(5) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(6) 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.
(7) Manufacturer's name if stamped on the firearm.
(8) Model name or number, if stamped on the firearm.
(9) Serial number, if applicable.
(10) Other number, if more than one serial number is stamped on
the firearm.
(11) Any identification number or mark assigned to the firearm
pursuant to Section 23910.
(12) 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.
(13) Caliber.
(14) Type of firearm.
(15) If the firearm is new or used.
(16) Barrel length.
(17) Color of the firearm.
(18) Full name of purchaser.
(19) Purchaser's complete date of birth.
(20) Purchaser's local address.
(21) If current address is temporary, complete permanent address
of purchaser.
(22) Identification of purchaser.
(23) Purchaser's place of birth (state or country).
(24) Purchaser's complete telephone number.
(25) Purchaser's occupation.
(26) Purchaser's gender.
(27) Purchaser's physical description.
(28) All legal names and aliases ever used by the purchaser.
(29) 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.
(30) Signature of purchaser.
(31) Signature of salesperson, as a witness to the purchaser's
signature.
(32) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(33) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(34) The establishment number, if assigned.
(35) The dealer's complete business telephone number.
(36) Any information required by Chapter 5 (commencing with
Section 28050). 28050) or Section 28270 or
29830.
(37) Any information required to determine whether subdivision (f)
of Section 27540 applies.
(38) 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.
(39) A statement informing the purchaser, after his or her
ownership of a firearm, of all of the following:
(A) Upon his or her application, the Department of Justice shall
furnish him or her any information reported to the department as it
relates to his or her ownership of that firearm.
(B) The purchaser is entitled to file a report of his or her
acquisition, disposition, or ownership of a firearm with the
department pursuant to Section 28000.
(C) Instructions for accessing the department's Internet Web site
for more information.
(40) For transactions on and after January 1, 2015, the purchaser'
s firearm safety certificate number, except that in the case of a
handgun, the number from an unexpired handgun safety certificate may
be used.
(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, together
with the firearm dealer's signature indicating delivery of the
firearm.
(d) The purchaser shall sign the register or the record of
electronic transfer on the date that the firearm is delivered to him
or her.
SEC. 18. Section 28200 of the Penal Code is amended to read:
28200. As used in this article, the following words have the
following meanings:
(a) "Purchase" means the purchase, loan, or
transfer , or return of a firearm.
(b) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm. firearm,
or to whom a firearm is being returned.
(c) "Sale" means the sale, loan, return, or transfer of
a firearm.
(d) "Seller" means, if the transaction is being conducted pursuant
to Chapter 5 (commencing with Section 28050), the person selling,
loaning, or transferring the firearm.
SEC. 19. Article 3.5 (commencing with Section 28270) is added to
Chapter 6 of Division 6 of Title 4 of Part 6 of the Penal Code, to
read:
Article 3.5. Specialized Procedures for the Return of Firearms
28270. (a) This section only applies to the following:
(1) A person who acquired ownership of a firearm and the
acquisition violated Section 27545.
(2) A person who acquired ownership of a firearm and the
importation of the firearm into this state violated Section 27585.
(b) Any person who is described in subdivision (a) shall deliver
the firearm to a firearms dealer who shall take possession of that
firearm.
(c) A firearms dealer shall notify the Department of Justice of
the date of taking possession of the firearm pursuant to subdivision
(a).
(d) The dealer shall return the firearm or firearms initially
delivered to him or her pursuant to subdivision (b) to the prior
owner of that firearm in accordance with the procedures set forth in
Section 27540 and Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2.
(e) If the dealer is prohibited from lawfully returning the
firearm to the prior owner, the dealer shall deliver the firearm to
the sheriff of the county or the chief of police or other head of a
municipal police department of any city or city and county, who shall
then dispose of the firearm in the manner provided by Section 18000,
18005, or 34000.
(f) The person who utilizes this section may be required by the
dealer to pay a fee not to exceed ten dollars ($10) per firearm.
(g) No other fee shall be charged by the dealer for the sale,
loan, or transfer of a firearm conducted pursuant to this chapter,
except for the applicable fees that may be charged pursuant to
Sections 23690 and 28300 and Article 3 (commencing with Section
28200) and forwarded to the Department of Justice, and the fees set
forth in Section 31650.
(h) The dealer shall not charge any fees except for those set
forth in subdivisions (f) and (g).
(i) Nothing in this section shall prevent a dealer from charging a
smaller fee than set forth in subdivision (f).
(j) The Attorney General shall adopt regulations under this
section that as closely as possible follow the procedure as set forth
in Chapter 5 (commencing with Section 28050) and to allow the dealer
and the owner of the firearm to comply with the requirements of this
section.
(k) A dealer who does not sell, transfer, or keep an inventory of
handguns is not required to process a transaction for a handgun
pursuant to this section.
(l) A violation of this section by a dealer is a misdemeanor.
28275. (a) Section 27545 does not apply to the receipt, purchase,
or other acquisition of ownership of a firearm if both of the
following conditions apply:
(1) The firearm is reported to the Department of Justice pursuant
to subdivision (c) of Section 28270.
(2) The firearm is returned pursuant to subdivision (d) of Section
28270.
(b) Subdivision (a) of Section 27585 does not apply to the
acquisition of ownership of a firearm where both of the following
conditions apply:
(1) The firearm is reported to the Department of Justice pursuant
to subdivision (c) of Section 28270.
(2) The firearm is returned pursuant to subdivision (d) of Section
28270.
SEC. 20. Section 31700 of the Penal Code is amended to read:
31700. (a) The following persons, properly identified, are
exempted from the firearm safety certificate requirement in
subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700
to 26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive. dealer.
(6) A federally licensed collector who is acquiring or being
loaned a firearm that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A Except where the firearm is being
returned pursuant to Section 28270, a person to whom
a firearm is being returned, where the person receiving the firearm
is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, or the
active reserve components of the United States, where individuals in
those organizations are properly identified. For purposes of this
section, proper identification includes the Armed Forces
Identification Card or other written documentation certifying that
the individual is an active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department 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 this division.
(b) The following persons who take title or possession of a
firearm by operation of law in a representative capacity, until or
unless they transfer title ownership of the firearm to themselves in
a personal capacity, are exempted from the firearm safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
(c) A person, validly identified, who has been issued a valid
hunting license that is unexpired or that was issued for the hunting
season immediately preceding the calendar year in which the person
takes title of possession of a firearm is exempt from the firearm
safety certificate requirement in subdivision (a) of Section 31615,
except as to handguns.
(d) This section shall become operative on January 1, 2015.
SEC. 21. Section 32110 of the Penal Code is amended to read:
32110. Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(a) The sale, loan, or transfer of any firearm pursuant to Chapter
5 (commencing with Section 28050) of Division 6 in order to comply
with Section 27545.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 32000.
(d) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer for the purposes of the
service or repair of that firearm.
(e) The return of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
by a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer to its owner where that
firearm was initially delivered in the circumstances set forth in
subdivision (a), (d), (f), or (i). (i), (l),
or (m).
(f) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer for the purpose of a
consignment sale or as collateral for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, revolver,
or other firearm capable of being concealed upon the person
handgun listed as a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
(h) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(i) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer where the firearm is
being loaned by the licensee dealer to
a consultant-evaluator.
(j) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
by a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer where the firearm is
being loaned by the licensee dealer to
a consultant-evaluator.
(k) The return of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Sections 26700 to
26915, inclusive, dealer where it was initially
delivered pursuant to subdivision (j).
(l) The delivery of a handgun to a dealer pursuant to Section
29830.
(m) The delivery of a handgun to a dealer pursuant to Section
28270.
SEC. 22. 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.