Amended  IN  Assembly  February 15, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1982

Introduced by Assembly Member Mathis

January 30, 2024

An act to amend Sections 16300, 16400 and 28180 Section 31700 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1982, as amended, Mathis. Firearms: purchase: requirements. Firearm safety certificate: exemptions.
Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate, with specified exemptions, including active or honorably retired members of the armed forces, as specified, where individuals in those organizations are properly identified. Under existing law, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member of the armed forces.
This bill would additionally include the Veteran Health Identification Card issued by the Department of Veterans Affairs as proper identification for the above provisions.

Existing law requires a person purchasing a firearm or ammunition to present evidence of identity, as specified.

This bill would allow evidence of identity for these purposes to include a valid Veteran Health Identification Card issued by the Department of Veterans Affairs, as provided. The bill would also make a conforming change.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 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.
(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) Except as provided in subdivision (d), 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 Card, the Veteran Health Identification Card issued by the Department of Veterans Affairs, 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, personal representative, 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, 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.
(7) The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(8) A person acting pursuant to the person’s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code.
(9) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code.
(10) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure.
(11) The trustee of a trust that includes a firearm that is under court supervision.
(12) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code.
(13) A guardian appointed by a court pursuant to Section 1500 of the Probate Code.
(c) A person, 18 years of age or older, validly identified, who has been issued a valid hunting license that is unexpired is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
(d) A person who takes possession of a firearm and complies with Section 27922 by delivering the firearm to a law enforcement agency is exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615. The exemption set forth in paragraph (7) of subdivision (a) shall not apply to the return of that firearm to that person, if the person has requested the firearm and is eligible to receive it.
(e) The firearm safety certificate requirement in subdivision (a) of Section 31615 shall not apply to a person taking possession of a firearm pursuant to Section 27882 or 27883.

SECTION 1.Section 16300 of the Penal Code is amended to read:
16300.

As used in this part, “bona fide evidence of identity” or “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, state identification card, identification card issued to a member of the armed forces, Veteran Health Identification Card issued by the Department of Veterans Affairs, or other form of identification that bears the name, date of birth, description, and picture of the person.

SEC. 2.Section 16400 of the Penal Code is amended to read:
16400.

As used in this part, “clear evidence of the person’s identity and age” means either of the following:

(a)A valid California driver’s license.

(b)A valid California identification card issued by the Department of Motor Vehicles.

(c)A valid Veteran Health Identification Card issued by the Department of Veterans Affairs to a California resident.

SEC. 3.Section 28180 of the Penal Code is amended to read:
28180.

(a)The purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the department.

(b)The requirement of subdivision (a) shall not apply in either of the following cases:

(1)The purchaser’s identification consists of a military identification card or a valid Veteran Health Identification Card issued by the Department of Veterans Affairs.

(2)Due to technical limitations, the magnetic strip reader is unable to obtain the required information from the purchaser’s identification. In those circumstances, the firearms dealer shall obtain a photocopy of the identification as proof of compliance.

(c)In the event that the dealer has reported to the department that the dealer’s equipment has failed, information pursuant to this section shall be obtained by an alternative method to be determined by the department.