CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 376

Introduced by Senator Portantino

February 20, 2019

An act to amend Section 16730 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 376, as introduced, Portantino. Firearms: transfers.
Existing law generally requires any person who sells, leases, or transfers firearms to be a licensed dealer, as specified. Existing law exempts infrequent sales, leases, and transfers from this requirement. Existing law generally prohibits the purchase or receipt of a firearm by, or sale, transfer, or loan of a firearm, to, a person who does not have a firearm safety certificate. Existing law exempts from this requirement, the infrequent loan of a firearm. Existing law defines “infrequent” for purposes of this exemption to mean less than six handgun transactions per calendar year, or, for firearms other than handguns, an indefinite number of transactions that are “occasional and without regularity.”
This bill would redefine “infrequent” to mean less than six firearm transactions per calendar year, regardless of the type of firearm.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16730 of the Penal Code is amended to read:

16730.
 (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means:
(1)For handguns, means less than six transactions per calendar year.

(2)For firearms other than handguns, occasional and without regularity.

(b) As used in Section 27900, the term “infrequent” shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events.
(c) As used in this section, “transaction” means a single sale, lease, or transfer of any number of handguns. firearms.