BILL NUMBER: AB 538 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 26, 2013
AMENDED IN SENATE JUNE 4, 2013
AMENDED IN ASSEMBLY APRIL 29, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Member Pan
FEBRUARY 20, 2013
An act to amend Sections 26384, 26405, 27600, 28000, 28160, 28210,
and 28215 of, and to add Sections 26620, 27620, and 31835 to, the
Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 538, as amended, Pan. Firearms.
(1) Existing law, subject to specified exceptions, makes it a
crime to openly carry an exposed, unloaded handgun outside a vehicle
in specified public places. Existing law exempts from this crime, in
part, the open carrying of an unloaded handgun at an auction or
similar event for a nonprofit public benefit or mutual benefit
corporation, if the handgun is to be auctioned or sold for the
nonprofit public benefit or mutual benefit corporation, and the
handgun is delivered by a person licensed by existing law.
This bill would make technical, nonsubstantive changes to these
provisions.
(2) Existing law, subject to specified exceptions, including use
by a member of a club or organization organized for the purpose of
practicing shooting at targets upon established target ranges while
the members are using handguns upon the target ranges or incident to
the use of a firearm that is not a handgun at that target range,
makes it a crime for a person to carry an unloaded firearm that is
not a handgun outside a vehicle while in an incorporated city or city
and county.
This bill would clarify that the exception applies to members of a
shooting organization while the members are using firearms that are
not handguns upon the target ranges and would make additional
technical changes.
(3) Existing law prohibits a person from selling, leasing, or
transferring a firearm unless the person is issued a license.
Existing law provides for specified exemptions to that licensing
requirement, including the sale, delivery, or transfer of a firearm
by a law enforcement agency to a peace officer or retiring peace
officer, as specified.
This bill would also exempt from the licensing requirement the
sale, delivery, or transfer of a firearm if made by an authorized law
enforcement representative of a city, county, city and county, or of
the state or federal government, to a licensed firearms dealer, a
wholesaler, or a licensed manufacturer or importer of firearms or
ammunition, if certain specified requirements are met. If the
authorized law enforcement representative sells, delivers, or
transfers a firearm to a licensed firearms dealer, the bill would
require the governmental agency to enter a record of the delivery
into the Automated Firearms Systems (AFS) via the California Law
Enforcement Telecommunications System (CLETS) within 10 days.
(4) Existing law imposes various other restrictions on the sale,
delivery, or transfer of firearms. Existing law excludes from those
provisions the sale, delivery, or transfer of firearms made to an
authorized law enforcement representative of a city, county, city and
county, or of the state or federal government for exclusive use by
that governmental agency, if certain conditions are met. Existing law
provides that within 10 days of the date a firearm is acquired by
the agency, a record shall be entered as an institutional weapon into
the AFS via the CLETS.
This bill would require an agency that subsequently destroys that
weapon to enter information that the weapon has been destroyed into
the AFS via the CLETS within 10 days of destruction.
(5) Existing law provides that when neither party to a firearms
transaction holds a dealer's license, the parties to the transaction
are required to complete the sale, loan, or transfer of that firearm
through a firearms dealer, except as specified.
This bill would exclude from those provisions the sale, delivery,
or transfer of a firearm if made by an authorized law enforcement
representative of a city, county, city and county, or of the state or
federal government if certain specified conditions are met,
including that the sale, delivery, or transfer is made to a
wholesaler, or a licensed manufacturer, or importer of firearms or
ammunition. The bill would require the agency to enter a record of
the delivery into the AFS via the CLETS within 10 days.
(6) Existing law requires the register or record of an electronic
or telephonic transfer of a firearm to include specified information,
including information on certain waiting period exemptions,
including a dealer waiting period exemption, and requires the
firearms dealer to record on the register or record the date that the
firearm is delivered. A violation of those provisions is a
misdemeanor.
This bill instead would require the register or record to include
any applicable waiting period exemption information. By expanding the
scope of a crime, the bill would impose a state-mandated local
program. The bill would also require the register or record to
include a statement that the Department of Justice shall furnish the
purchaser with any information reported to the department relating to
the purchaser's ownership of the firearm, that the purchaser is
entitled to file a report of his or her acquisition of the firearm,
and of instructions for accessing the department's Internet Web site
for more information. The bill would require the firearms dealer to
record his or her signature indicating delivery of the firearm, and
would require the purchaser to sign the register or record on the
date that the firearm is delivered to the purchaser.
(7) Existing law requires the purchaser of a firearm to present
evidence to the dealer of the person's identity and age, and requires
the transaction to be recorded by the dealer in a register or record
of telephonic or electronic transfer. Existing law requires a
dealer, upon request only, to provide a copy of the register or
record of the transaction to the purchaser, and, for a private party
transaction, requires the dealer, upon request, to provide the seller
or purchaser with a copy of the register or record, as specified.
This bill instead would require the dealer to provide a copy of
those documents to the purchaser at the time of delivery of the
firearm after the dealer notes the date of delivery and the dealer's
signature indicating delivery of the firearm, and the dealer and
purchaser acknowledge the receipt of the firearm. The bill, for
private party transactions, would require the dealer to provide a
copy of the register or record to the seller at the time that the
register or record is signed by the seller.
(8) Existing law prohibits a person from purchasing or receiving a
handgun, except an antique firearm, without a valid handgun safety
certificate, and further prohibits a person from selling, delivering,
loaning, or transferring a handgun to a person who does not possess
a valid handgun safety certificate, except as specified.
This bill would exclude the sale, delivery, or transfer of a
firearm by an authorized law enforcement representative of a city,
county, city and county, or of the state or federal government if
certain conditions are met, including that the sale, delivery, or
transfer is made to one of specified persons and entities.
(9) The bill would make conforming changes.
(10) This bill would incorporate changes to Section 28160 of the
Penal Code proposed by SB 683 that would become operative if this
bill and SB 683 are both chaptered and this bill is chaptered last.
(10)
(11) 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 26384 of the Penal Code is amended to read:
26384. Paragraph (1) of subdivision (a) of Section 26350 does not
apply to, or affect, the open carrying of an unloaded handgun if all
of the following conditions are satisfied:
(a) 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.
(b) The unloaded handgun is to be auctioned or otherwise sold for
that nonprofit public benefit or mutual benefit corporation.
(c) The unloaded handgun is to be delivered by a person licensed
pursuant to, and operating in accordance with, Sections 26700 to
26915, inclusive.
SEC. 2. 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.
(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. 3. Section 26620 is added to the Penal Code, to read:
26620. Section 26500 does not apply to the sale, delivery, or
transfer of a firearm when made by an authorized law enforcement
representative of a city, county, city and county, or of the state or
federal government, if all of the following requirements are met:
(a) The sale, delivery, or transfer is made to one of the
following:
(1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
(2) A wholesaler.
(3) A manufacturer or importer of firearms or ammunition licensed
to engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or 34005.
(c) If the authorized law enforcement representative sells,
delivers, or transfers a firearm that the governmental agency owns to
a person licensed pursuant to Sections 26700 to 26915, inclusive,
within 10 days of the date that the firearm is delivered to that
licensee pursuant to this section by that agency, the agency has
entered a record of the delivery into the Automated Firearms System
(AFS) via the California Law Enforcement Telecommunications System
(CLETS). Any agency without access to the AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
SEC. 4. Section 27600 of the Penal Code is amended to read:
27600. (a) Article 1 (commencing with Section 27500) does not
apply to any sale, delivery, or transfer of firearms made to an
authorized law enforcement representative of any city, county, city
and county, or state, or of the federal government, for exclusive use
by that governmental agency if, prior to the sale, delivery, or
transfer of these firearms, written authorization from the head of
the agency authorizing the transaction is presented to the person
from whom the purchase, delivery, or transfer is being made.
(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser or
transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.
(c) Within 10 days of the date a firearm is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to the AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.
(d) Any agency that is the registered owner of an institutional
weapon in accordance with subdivision (c) that subsequently destroys
that weapon shall enter information that the weapon has been
destroyed into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) within 10 days of
the destruction in accordance with procedures prescribed by the
Department of Justice. Any agency without access to the AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system.
SEC. 5. Section 27620 is added to the Penal Code, to read:
27620. Section 27545 does not apply to the sale, delivery, or
transfer of a firearm when made by an authorized law enforcement
representative of a city, county, city and county, or of the state or
federal government, if all of the following conditions are met:
(a) The sale, delivery, or transfer is made to one of the
following:
(1) A wholesaler.
(2) A manufacturer or importer of firearms or ammunition licensed
to engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or 34005.
(c) Within 10 days of the date that any firearm is delivered
pursuant to this section, the governmental agency has entered a
record of the delivery into the Automated Firearms System (AFS) via
the California Law Enforcement Telecommunications System (CLETS). Any
agency without access to the AFS shall arrange with the sheriff of
the county in which the agency is located to input this information
via this system.
SEC. 6. Section 28000 of the Penal Code is amended to read:
28000. 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.
SEC. 7. 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).
(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.
(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. 7.5. Section 28160 of the Penal
Code is amended to read:
28160. (a) Until January 1, 2014, for handguns, and
thereafter for 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) Auction or event waiting period exemption pursuant to Sections
26955 and 27655.
(5) Dealer waiting period exemption pursuant to Sections 26960 and
27660.
(6) Dangerous weapons permitholder waiting period exemption
pursuant to Sections 26965 and 27665.
(7) Curio and relic waiting period exemption pursuant to Sections
26970 and 27670.
(4) Any applicable waiting period exemption information.
(8)
(5) California Firearms Dealer number issued pursuant
to Article 1 (commencing with Section 26700) of Chapter 2.
(9)
(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.
(10)
(7) Manufacturer's name if stamped on the firearm.
(11)
(8) Model name or number, if stamped on the firearm.
(12)
(9) Serial number, if applicable.
(13)
(10) Other number, if more than one serial number is
stamped on the firearm.
(14)
(11) Any identification number or mark assigned to the
firearm pursuant to Section 23910.
(15)
(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.
(16)
(13) Caliber.
(17)
(14) Type of firearm.
(18)
(15) If the firearm is new or used.
(19)
(16) Barrel length.
(20)
(17) Color of the firearm.
(21)
(18) Full name of purchaser.
(22)
(19) Purchaser's complete date of birth.
(23)
(20) Purchaser's local address.
(24)
(21) If current address is temporary, complete
permanent address of purchaser.
(25)
(22) Identification of purchaser.
(26)
(23) Purchaser's place of birth (state or country).
(27)
(24) Purchaser's complete telephone number.
(28)
(25) Purchaser's occupation.
(29)
(26) Purchaser's sex gender
.
(30)
(27) Purchaser's physical description.
(31)
(28) All legal names and aliases ever used by the
purchaser.
(32)
(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.
(33)
(30) Signature of purchaser.
(34)
(31) Signature of salesperson, as a witness to the
purchaser's signature.
(35)
(32) Salesperson's certificate of eligibility number,
if the salesperson has obtained a certificate of eligibility.
(36)
(33) Name and complete address of the dealer or firm
selling the firearm as shown on the dealer's license.
(37)
(34) The establishment number, if assigned.
(38)
(35) The dealer's complete business telephone number.
(39)
(36) Any information required by Chapter 5 (commencing
with Section 28050).
(40)
(37) Any information required to determine whether
subdivision (f) of Section 27540 applies.
(41)
(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. 8. Section 28210 of the Penal Code is amended to read:
28210. (a) (1) Where the register is used, the purchaser of any
firearm shall be required to present to the dealer clear evidence of
the person's identity and age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name and affix the purchaser's residence address and
date of birth to the register in quadruplicate.
(3) The salesperson shall sign the register in quadruplicate, as a
witness to the signature and identification of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the register shall be
punished as provided in Section 28250.
(c) (1) The original of the register shall be retained by the
dealer in consecutive order.
(2) Each book of 50 originals shall become the permanent register
of transactions, which shall be retained for not less than three
years from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
register of transactions shall be available for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until January 1, 2014, no information shall
be compiled therefrom regarding the purchasers or other transferees
of firearms that are not handguns.
(d) On the date of the application to purchase, two copies of the
original sheet of the register shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice.
(e) (1) A photocopy of the register shall be provided to the
purchaser by the dealer at the time of delivery of the firearm and
after the dealer notes the date of delivery and the dealer's
signature indicating delivery of the firearm, and the purchaser
acknowledges the receipt of the firearm.
(2) The requirements of this subdivision apply if a dealer is
delivering a firearm pursuant to Section 27540 or Chapter 5
(commencing with Section 28050).
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a photocopy of
the original shall be provided to the seller by the dealer at the
time the register is signed by the seller. The dealer shall redact
all of the purchaser's personal information, as required pursuant to
subdivision (a) of Section 28160 and subdivision (a) of Section
28165, from the seller's copy, and the seller's personal information
from the purchaser's copy.
SEC. 9. Section 28215 of the Penal Code is amended to read:
28215. (a) (1) Where the electronic or telephonic transfer of
applicant information is used, the purchaser shall be required to
present to the dealer clear evidence of the person's identity and
age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
transfer.
(3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives.
(d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
(e) (1) A copy of the record of electronic or telephonic transfer
shall be provided to the purchaser by the dealer at the time of
delivery of the firearm and after the dealer notes the date of
delivery and the dealer's signature indicating delivery of the
firearm, and the purchaser acknowledges the receipt of the firearm.
(2) The requirements of this subdivision apply if a dealer is
delivering a firearm pursuant to Section 27540 or Chapter 5
(commencing with Section 28050).
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller by the dealer at the time the record of
electronic or telephonic transfer is signed by the seller. The dealer
shall redact all of the purchaser's personal information, as
required pursuant to subdivision (a) of Section 28160 and subdivision
(a) of Section 28165, from the seller's copy, and the seller's
personal information from the purchaser's copy.
SEC. 10. Section 31835 is added to the Penal Code, to read:
31835. Subdivision (a) of Section 31615 does not apply to the
delivery, sale, or transfer of firearms when made by authorized law
enforcement representatives for cities, counties, cities and
counties, or of the state or federal government, if all of the
following conditions are met:
(a) The sale, delivery, or transfer is made to one of the persons
or entities identified in subdivision (a) of Section 26620.
(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or 34005.
(c) The sale, delivery, or transfer of the firearm follows the
procedures set forth in subdivision (c) of Section 26620.
SEC. 11. Section 7.5 of this bill incorporates
amendments to Section 28160 of the Penal Code proposed by both this
bill and Senate Bill 683. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 28160 of the Penal Code, and (3) this
bill is enacted after Senate Bill 683, in which case Section 7 of
this bill shall not become operative.
SEC. 11. SEC. 12. 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.