BILL NUMBER: SB 683 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Block
FEBRUARY 22, 2013
An act to amend Sections 27540, 27875, 27880, 27920, 27925, 28160,
and 31620 , and 31810 of, to amend the
heading of Chapter 4 (commencing with Section 31500) of Division 10
of Title 4 of Part 6 of, to amend the heading of Article 2
(commencing with Section 31610) of Chapter 4 of Division 10 of Title
4 of Part 6 of, to amend the heading of Article 3 (commencing with
Section 31700) of Chapter 4 of Division 10 of Title 4 of Part 6 of,
to amend, repeal, and add Sections 26840, 31610, 31615, 31625, 31630,
31635, 31640, 31645, 31650, 31655, 31660, and 31700 of, and to add
Sections 16535, 16865, and 26860 to, the Penal Code, relating to
firearms, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 683, as amended, Block. Firearms: firearm safety certificate.
Existing law, subject to exceptions, prohibits a person from
purchasing or receiving any handgun without a valid handgun safety
certificate, and prohibits any person from selling, delivering,
loaning, or transferring any handgun to any person who does not have
a valid handgun safety certificate, with exceptions, as specified.
Under existing law, a violation of these provisions is a misdemeanor.
This bill would instead, commencing January 1, 2015, and subject
to exceptions, prohibit a person from purchasing or receiving any
firearm without a valid firearm safety certificate, and would,
subject to exceptions, prohibit any person from selling, delivering,
loaning, or transferring any firearm to any person who does not have
a valid firearm safety certificate. The bill would make conforming
changes. The bill would also make technical, nonsubstantive changes.
The bill would, commencing January 1, 2015, and subject to
exceptions, require a safe handling demonstration for purchasers of
long guns, and would require the Department of Justice to adopt
regulations to establish a long gun safe handling demonstration no
later than January 1, 2015. The bill would define the term "long gun"
for these purposes. By expanding the scope of a crime, this bill
would impose a state-mandated local program.
Existing law allows the Department of Justice to charge a
certified instructor up to $15 for each handgun safety certificate
issued by that instructor and requires the funds to be deposited in
the Firearms Safety and Enforcement Special Fund, which is a
continuously appropriated fund.
This bill would, commencing January 1, 2015, allow the department
to collect $15 for each firearm safety certificate and would require
the funds to be deposited in the Firearms Safety and Enforcement
Special Fund, which is continuously appropriated, thereby making an
appropriation.
This bill would incorporate amendments to Section 28160 of the
Penal Code proposed by AB 538, to become operative if both bills are
enacted and this bill is chaptered last.
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: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16535 is added to the Penal Code, to read:
16535. (a) As used in this part, "firearm safety certificate"
means a certificate issued by the Department of Justice pursuant to
Sections 31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
(b) This section shall become operative on January 1, 2015.
SEC. 2. Section 16865 is added to the Penal Code, to read:
16865. As used in Section 26860, "long gun" means any firearm
that is not a handgun or a machinegun.
SEC. 3. Section 26840 of the Penal Code is amended to read:
26840. (a) A dealer shall not deliver a handgun unless the person
receiving the handgun presents to the dealer a valid handgun safety
certificate. The firearms dealer shall retain a photocopy of the
handgun safety certificate as proof of compliance with this
requirement.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 26840 is added to the Penal Code, to read:
26840. (a) A dealer shall not deliver a firearm unless the person
receiving the firearm presents to the dealer a valid firearm safety
certificate, or, in the case of a handgun, an unexpired handgun
safety certificate. The firearms dealer shall retain a photocopy of
the firearm safety certificate as proof of compliance with this
requirement.
(b) This section shall become operative on January 1, 2015.
SEC. 5. Section 26860 is added to the Penal Code, to read:
26860. (a) Except as authorized by the department, commencing
January 1, 2015, a firearms dealer shall not deliver a long gun
unless the recipient performs a safe handling demonstration with that
long gun.
(b) The department shall, not later than January 1, 2015, adopt
regulations establishing a long gun safe handling demonstration that
shall include, at a minimum, loading and unloading the long gun.
(c) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivision (a) and the regulations adopted
pursuant to subdivision (b) have been met. The firearms dealer shall
additionally obtain the signature of the long gun purchaser on the
same affidavit. The firearms dealer shall retain the original
affidavit as proof of compliance with this section.
(d) The recipient shall perform the safe handling demonstration
for a department-certified instructor.
(e) A demonstration is not required if the dealer is returning the
long gun to the owner of the long gun.
(f) Department-certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (b) of Section 31635.
(g) An individual who is exempt from the requirements of
subdivision (a) of Section 31615, pursuant to Section 31700, is also
exempt from performing the safe handling demonstration.
SEC. 6. Section 27540 of the Penal Code is amended to read:
27540. A dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall not deliver a firearm to a
person, as follows:
(a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
(d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(e) A handgun shall not be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate. Commencing January 1, 2015, any firearm,
including a handgun, shall not be delivered unless the purchaser,
transferee, or person being loaned the firearm presents a firearm
safety certificate to the dealer, except that in the case of a
handgun, an unexpired handgun safety certificate may be presented.
(f) A handgun shall not be delivered whenever the dealer is
notified by the Department of Justice that within the preceding
30-day period the purchaser has made another application to purchase
a handgun and that the previous application to purchase involved none
of the entities specified in subdivision (b) of Section 27535.
SEC. 7. Section 27875 of the Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a firearm
by gift, bequest, intestate succession, or other means from one
individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
(d) Until January 1, 2015, the person taking title to the firearm
shall first obtain a handgun safety certificate if the firearm is a
handgun, and commencing January 1, 2015, a firearm safety certificate
for any firearm, except that in the case of a handgun, an unexpired
handgun safety certificate may be used.
(e) The person receiving the firearm is 18 years of age or older.
SEC. 8. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) Until January 1, 2015, if the firearm is a handgun, the
individual being loaned the firearm shall have a valid handgun safety
certificate. Commencing January 1, 2015, for any firearm, the
individual being loaned the firearm shall have a valid firearm safety
certificate, except that in the case of a handgun, an unexpired
handgun safety certificate may be used.
SEC. 9. Section 27920 of the Penal Code is amended to read:
27920. Section 27545 does not apply to a person who takes title
or possession of a firearm by operation of law if the person is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:
(a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
(b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
(1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
(2) Until January 1, 2015, prior to taking title or possession of
the firearm, the person shall obtain a handgun safety certificate, if
the firearm is a handgun. Commencing January 1, 2015, prior to
taking title or possession of the firearm, the person shall obtain a
firearm safety certificate for any firearm, except that in the case
of a handgun, an unexpired handgun safety certificate may be
presented.
(c) Where the person receiving title or possession of the firearm
is a person described in subdivision (i) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that transferred or delivered the firearm, provided, however,
that if the firearm is not a handgun and does not have a serial
number, identification number, or identification mark assigned to it,
that fact shall be noted in AFS. An agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.
(d) Where the person receiving title or possession of the firearm
is a person described in subdivision (j) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the AFS via
the CLETS by the law enforcement or state agency that transferred or
delivered the firearm, provided, however, that if the firearm is not
a handgun and does not have a serial number, identification number,
or identification mark assigned to it, that fact shall be noted in
AFS. An agency without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system. In addition, that law enforcement agency
shall not deliver the firearm to the person referred to in this
subdivision unless, prior to the delivery of the firearm, the person
presents proof to the agency that the person is the holder of a
handgun safety certificate if the firearm is a handgun, and
commencing January 1, 2015, a firearm safety certificate for any
firearm, except that in the case of a handgun, an unexpired handgun
safety certificate may be presented.
(e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
SEC. 10. Section 27925 of the Penal Code is amended to read:
27925. (a) Section 27545 does not apply to a person who takes
possession of a firearm by operation of law in a representative
capacity who subsequently transfers ownership of the firearm to
himself or herself in an individual capacity.
(b) Until January 1, 2015, in the case of a handgun, the
individual shall obtain a handgun safety certificate prior to
transferring ownership to himself or herself, or taking possession of
a handgun in an individual capacity. Beginning January 1, 2015, the
individual shall obtain a firearm safety certificate prior to
transferring ownership to himself or herself, or taking possession of
a firearm in an individual capacity, except that in the case of a
handgun, an unexpired handgun safety certificate may be used.
SEC. 11. Section 28160 of the Penal Code is amended to read:
28160. (a) Until January 1, 2014, for handguns, and thereafter
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.
(8) California Firearms Dealer number issued pursuant to Article 1
(commencing with Section 26700) of Chapter 2.
(9) 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) Manufacturer's name if stamped on the firearm.
(11) Model name or number, if stamped on the firearm.
(12) Serial number, if applicable.
(13) Other number, if more than one serial number is stamped on
the firearm.
(14) Any identification number or mark assigned to the firearm
pursuant to Section 23910.
(15) 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) Caliber.
(17) Type of firearm.
(18) If the firearm is new or used.
(19) Barrel length.
(20) Color of the firearm.
(21) Full name of purchaser.
(22) Purchaser's complete date of birth.
(23) Purchaser's local address.
(24) If current address is temporary, complete permanent address
of purchaser.
(25) Identification of purchaser.
(26) Purchaser's place of birth (state or country).
(27) Purchaser's complete telephone number.
(28) Purchaser's occupation.
(29) Purchaser's sex.
(30) Purchaser's physical description.
(31) All legal names and aliases ever used by the purchaser.
(32) 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) Signature of purchaser.
(34) Signature of salesperson, as a witness to the purchaser's
signature.
(35) Salesperson's certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.
(36) Name and complete address of the dealer or firm selling the
firearm as shown on the dealer's license.
(37) The establishment number, if assigned.
(38) The dealer's complete business telephone number.
(39) Any information required by Chapter 5 (commencing with
Section 28050).
(40) Any information required to determine whether subdivision (f)
of Section 27540 applies.
(41) 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.
(42) 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.
SEC. 11.5. 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. 12. The heading of Chapter 4 (commencing with Section 31500)
of Division 10 of Title 4 of Part 6 of the Penal Code is amended to
read:
CHAPTER 4. HANDGUNS AND FIREARM SAFETY
SEC. 13. The heading of Article 2 (commencing with Section 31610)
of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal Code is
amended to read:
Article 2. Firearm Safety Certificate
SEC. 14. Section 31610 of the Penal Code is amended to read:
31610. (a) It is the intent of the Legislature in enacting this
article to require that persons who obtain handguns have a basic
familiarity with those firearms, including, but not limited to, the
safe handling and storage of those firearms. It is not the intent of
the Legislature to require a handgun safety certificate for the mere
possession of a firearm.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 15. Section 31610 is added to the Penal Code, to read:
31610. (a) It is the intent of the Legislature in enacting this
article to require that persons who obtain firearms have a basic
familiarity with those firearms, including, but not limited to, the
safe handling and storage of those firearms. It is not the intent of
the Legislature to require a firearm safety certificate for the mere
possession of a firearm.
(b) This section shall become operative on January 1, 2015.
SEC. 16. Section 31615 of the Penal Code is amended to read:
31615. (a) A person shall not do either of the following:
(1) Purchase or receive any handgun, except an antique firearm,
without a valid handgun safety certificate.
(2) Sell, deliver, loan, or transfer any handgun, except an
antique firearm, to any person who does not have a valid handgun
safety certificate.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) 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.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 17. Section 31615 is added to the Penal Code, to read:
31615. (a) A person shall not do either of the following:
(1) Purchase or receive any firearm, except an antique firearm,
without a valid firearm safety certificate, except that in the case
of a handgun, an unexpired handgun safety certificate may be used.
(2) Sell, deliver, loan, or transfer any firearm, except an
antique firearm, to any person who does not have a valid firearm
safety certificate, except that in the case of a handgun, an
unexpired handgun safety certificate may be used.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) 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.
(d) This section shall become operative on January 1, 2015.
SEC. 18. Section 31620 of the Penal Code is amended to read:
31620. (a) A person shall not commit an act of collusion as
specified in Section 27550.
(b) Any person who alters, counterfeits, or falsifies a handgun
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified handgun safety certificate to purchase a
handgun, is guilty of a misdemeanor.
(c) Commencing January 1, 2015, any person who alters,
counterfeits, or falsifies a firearm safety certificate, or who uses
or attempts to use any altered, counterfeited, or falsified firearm
safety certificate to purchase a firearm, is guilty of a misdemeanor.
(d) 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 this section and different
provisions of this code shall not be punished under more than one
provision.
SEC. 19. Section 31625 of the Penal Code is amended to read:
31625. (a) A certified instructor shall not issue a handgun
safety certificate to any person who has not complied with this
article. Proof of compliance shall be forwarded to the department by
certified instructors as frequently as the department may determine.
(b) A certified instructor shall not issue a handgun safety
certificate to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue handgun
safety certificates.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 20. Section 31625 is added to the Penal Code, to read:
31625. (a) A certified instructor shall not issue a firearm
safety certificate to any person who has not complied with this
article. Proof of compliance shall be forwarded to the department by
certified instructors as frequently as the department may determine.
(b) A certified instructor shall not issue a firearm safety
certificate to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue firearm
safety certificates.
(d) This section shall become operative on January 1, 2015.
SEC. 21. Section 31630 of the Penal Code is amended to read:
31630. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Sections 26700 to 26915, inclusive, who shall make it
available to the general public. Essential portions of the manual may
be included in the pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun safety certificate
instructional materials.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 22. Section 31630 is added to the Penal Code, to read:
31630. (a) The department shall develop an instruction manual in
English and in Spanish. The department shall make the instructional
manual available to firearms dealers licensed pursuant to Sections
26700 to 26915, inclusive, who shall make it available to the general
public. Essential portions of the manual may be included in the
pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish to be issued to instructors certified by the
department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the firearm safety certificate
instructional materials.
(d) This section shall become operative on January 1, 2015.
SEC. 23. Section 31635 of the Penal Code is amended to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all handgun safety
certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations, as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer is not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 24. Section 31635 is added to the Penal Code, to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all firearm safety
certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations, as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer is not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
(c) This section shall become operative on January 1, 2015.
SEC. 25. Section 31640 of the Penal Code is amended to read:
31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and transfer of
firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a handgun into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to ensure that no acts of collusion occur while the objective test is
being administered.
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 26. Section 31640 is added to the Penal Code, to read:
31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and transfer of
firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a firearm into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to ensure that no acts of collusion occur while the objective test is
being administered.
(f) This section shall become operative on January 1, 2015.
SEC. 27. Section 31645 of the Penal Code is amended to read:
31645. (a) An applicant for a handgun safety certificate shall
successfully pass the objective test referred to in Section 31640,
with a passing grade of at least 75 percent. Any person receiving a
passing grade on the objective test shall immediately be issued a
handgun safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 28. Section 31645 is added to the Penal Code, to read:
31645. (a) An applicant for a firearm safety certificate shall
successfully pass the objective test referred to in Section 31640,
with a passing grade of at least 75 percent. Any person receiving a
passing grade on the objective test shall immediately be issued a
firearm safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) This section shall become operative on January 1, 2015.
SEC. 29. Section 31650 of the Penal Code is amended to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
(b) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 30. Section 31650 is added to the Penal Code, to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
(b) An applicant to renew a firearm safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each firearm safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(f) This section shall become operative on January 1, 2015.
SEC. 31. Section 31655 of the Penal Code is amended to read:
31655. (a) The department shall develop handgun safety
certificates to be issued by instructors certified by the department
to those persons who have complied with this article.
(b) A handgun safety certificate shall include, but not be limited
to, the following information:
(1) A unique handgun safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The handgun safety certificate shall expire five years after
the date that it was issued by the certified instructor.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 32. Section 31655 is added to the Penal Code, to read:
31655. (a) The department shall develop firearm safety
certificates to be issued by instructors certified by the department
to those persons who have complied with this article.
(b) A firearm safety certificate shall include, but not be limited
to, the following information:
(1) A unique firearm safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The firearm safety certificate shall expire five years after
the date that it was issued by the certified instructor.
(d) This section shall become operative on January 1, 2015.
SEC. 33. Section 31660 of the Penal Code is amended to read:
31660. (a) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee, not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund created pursuant to
Section 28300.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 34. Section 31660 is added to the Penal Code, to read:
31660. (a) In the case of loss or destruction of a firearm safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) In the case of loss or destruction of a handgun safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder, which shall be valid only for the balance of the
unexpired term of the original certificate.
(c) The department may authorize the issuing instructor to charge
a fee, not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund created pursuant to
Section 28300.
(d) This section shall become operative on January 1, 2015.
SEC. 35. The heading of Article 3 (commencing with Section 31700)
of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal Code is
amended to read:
Article 3. Exceptions to Firearm Safety Certificate
Requirement
SEC. 36. Section 31700 of the Penal Code is amended to read:
31700. (a) The following persons, properly identified, are
exempted from the handgun 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 handgun 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 person to whom a handgun 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
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun 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) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 37. Section 31700 is added to the Penal Code, 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) 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. 38. Section 31810 of the Penal Code
is amended to read:
31810. Subdivision (a) of Section 31615 does not apply to or
affect the following circumstances:
(a) The loan of a handgun , and commencing January
1, 2015, any firearm, to a minor by the minor's parent or
legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity or hunting education , or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(2) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity or hunting education
, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(b) The loan of a handgun , and commencing Janu
ary 1, 2015, any firearm, to a minor by a person who is not the
minor's parent or legal guardian, if all of the following
requirements are satisfied:
(1) The minor is accompanied by the minor's parent or legal
guardian when the loan is made, or the minor has the written consent
of the minor's parent or legal guardian, which is presented at the
time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity or hunting education , or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(3) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity or hunting education
, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10
days.
SEC. 39. Section 11.5 of this bill incorporates
amendments to Section 21860 of the Penal Code proposed by both this
bill and AB 538. 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 21860 of the Penal Code, and (3) this bill is
enacted after AB 538, in which case Section 11 of this bill shall not
become operative.
SEC. 38. SEC. 40. 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.