BILL NUMBER: SB 52 AMENDED BILL TEXT AMENDED IN SENATE FEBRUARY 21, 2001 INTRODUCED BY Senators Scott and Perata (Principal coauthor: Assembly Member Jackson) (Coauthors: Senators Karnette, Kuehl, Murray, Polanco, and Torlakson) (Coauthors: Assembly Members Chan, Firebaugh, Frommer, Keeley, Kehoe, Koretz, Longville, Lowenthal, Vargas, and Washington) DECEMBER 18, 2000 An act to amend Sections 12001, 12026, 12070, 12071, 12072, and 12078 of, to amend and repeal Section 12081 of, to add Section 12810 to, and to add Article 3.5 (commencing with Section 12060) to Title 2 of Part 4 of, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 52, as amended, Scott. Firearms: licensing. Existing law generally regulates the transfer of firearms. This bill would provide that, subject to various exceptions, no person may purchase, or receive through gift, loan, transfer, or bequest, a handgun, as defined, without a handgun safety license, as specified. This bill would provide that no handgun safety license may be issued to any person under 21 years of age. This bill would establish an application procedure for obtaining a handgun safety license, including a written test, safe handling demonstration, and a basic shooting proficiency demonstration. The application procedure would impose various duties on local law enforcement officials, thereby imposing a state-mandated local program. The bill would also require the Department of Justice to conduct annual background checks of handgun safety licensees. The bill would also require the department, subject to an appropriation, to conduct a public education campaign regarding the handgun acquisition license. Violation of specified conditions of the license would result in suspension, or revocation of the license, and would be punishable as an infraction or a misdemeanor, as specified. The bill would also provide that the altering, forging, counterfeiting or other falsifying of a handgun safety license, or the use or attempted use of the same would be punishable as a misdemeanor or felony. The bill would provide that the provisions described in this paragraph would become operable on July 1, 2002. By creating new crimes, this bill would impose a state-mandated local program. Existing law, except as provided, requires purchasers and transferees of handguns, as specified, to obtain a "basic firearms safety certificate." This bill would make these provisions inoperative on July 1, 2002, and instead, provide for safe handling and shooting proficiency testing in connection with obtaining a handgun safety license. This bill would make other conforming changes, including changes that affect requirements relating to the transfer or loan of firearms by firearms dealers and others, the violation of which is an offense. By changing these requirements, this bill would change the definition of existing crimes, and thereby impose a state-mandated local program. This bill would provide that its provisions are contingent on an appropriation by the Legislature for the purposes of the act in the Budget Act of 2001 for the 2001-02 fiscal year. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 12001 of the Penal Code is amended to read: 12001. (a) (1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length. (2) As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person." (3) As used in this code, the term "basic safety certificate" is deemed to mean "handgun safety license" as defined in Section 12060. (b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. (c) As used in Sections 12021, 12021.1, 12070, 12071, 12072, 12073, 12078, and 12101 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, the term "firearm" includes the frame or receiver of the weapon. (d) For the purposes of Sections 12025 and 12031, the term "firearm" also shall include any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distress signaling purposes. (e) For purposes of Sections 12070, 12071, and paragraph (7) of subdivision (a), and subdivisions (b), (c), (d), and (f) of Section 12072, the term "firearm" does not include an unloaded firearm that is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code. (f) Nothing shall prevent a device defined as a "pistol," "revolver," or "firearm capable of being concealed upon the person" from also being found to be a short-barreled shotgun or a short-barreled rifle, as defined in Section 12020. (g) For purposes of Sections 12551 and 12552, the term "BB device" means any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun. (h) As used in this title, "wholesaler" means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Section 12071, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. "Wholesaler" shall not include a manufacturer, importer, or gunsmith who is licensed to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code or a person licensed pursuant to Section 12071 and the regulations issued pursuant thereto. A wholesaler also does not include those persons dealing exclusively in grips, stocks, and other parts of firearms that are not frames or receivers thereof. (i) As used in Section 12071, 12072, or 12084, "application to purchase" means any of the following: (1) The initial completion of the register by the purchaser, transferee, or person being loaned the firearm as required by subdivision (b) of Section 12076. (2) The initial completion of the LEFT by the purchaser, transferee, or person being loaned the firearm as required by subdivision (d) of Section 12084. (3) The initial completion and transmission to the department of the record of electronic or telephonic transfer by the dealer on the purchaser, transferee, or person being loaned the firearm as required by subdivision (c) of Section 12076. (j) For purposes of Section 12023, a firearm shall be deemed to be "loaded" whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. (k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072, 12073, 12078, and 12101 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term "any firearm" may be used in those sections, each firearm or the frame or receiver of the same shall constitute a distinct and separate offense under those sections. (l) For purposes of Section 12020, a violation of that section as to each firearm, weapon, or device enumerated therein shall constitute a distinct and separate offense. (m) Each application that requires any firearms eligibility determination involving the issuance of any license, permit, or certificate pursuant to this title shall include two copies of the applicant's fingerprints on forms prescribed by the Department of Justice. One copy of the fingerprints may be submitted to the United States Federal Bureau of Investigation. (n) As used in this chapter, a "personal handgun importer" means an individual who meets all of the following criteria: (1) He or she is not a person licensed pursuant to Section 12071. (2) He or she is not a licensed manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (3) He or she is not a licensed importer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (4) He or she is the owner of a pistol, revolver, or other firearm capable of being concealed upon the person. (5) He or she acquired that pistol, revolver, or other firearm capable of being concealed upon the person outside of California. (6) He or she moves into this state on or after January 1, 1998, as a resident of this state. (7) He or she intends to possess that pistol, revolver, or other firearm capable of being concealed upon the person within this state on or after January 1, 1998. (8) The pistol, revolver, or other firearm capable of being concealed upon the person was not delivered to him or her by a person licensed pursuant to Section 12071 who delivered that firearm following the procedures set forth in Section 12071 and subdivision (c) of Section 12072. (9) He or she, while a resident of this state, had not previously reported his or her ownership of that pistol, revolver, or other firearm capable of being concealed upon the person to the Department of Justice in a manner prescribed by the department that included information concerning him or her and a description of the firearm. (10) The pistol, revolver, or other firearm capable of being concealed upon the person is not a firearm that is prohibited by subdivision (a) of Section 12020. (11) The pistol, revolver, or other firearm capable of being concealed upon the person is not an assault weapon, as defined in Section 12276 or 12276.1. (12) The pistol, revolver, or other firearm capable of being concealed upon the person is not a machinegun, as defined in Section 12200. (13) The person is 18 years of age or older. (o) For purposes of paragraph (6) of subdivision (n): (1) Except as provided in paragraph (2), residency shall be determined in the same manner as is the case for establishing residency pursuant to Section 12505 of the Vehicle Code. (2) In the case of members of the Armed Forces of the United States, residency shall be deemed to be established when he or she was discharged from active service in this state. SEC. 2. Section 12026 of the Penal Code is amended to read: 12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen' s or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person. (b) No permit or license, other than the handgun safety license required by Section 12060, to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Section 12031. SEC. 3. Article 3.5 (commencing with Section 12060) is added to Title 2 of Part 4 of the Penal Code, to read: Article 3.5. Handgun Safety License 12060. (a) As used in this section and Sections 12061 and 12062, the following definitions shall apply: (1) "Chief law enforcement officer" means the head of a municipal police department of any city or city and county, or the sheriff in the unincorporated portions of a county within California . (2) "Department" means the Department of Justice. (3) "Handgun" means any pistol, revolver, or other firearm capable of being concealed upon the person. (b) (1) No person shall purchase, or receive through gift, loan, transfer, or bequest, any handgun, except an antique firearm, as defined in paragraph (5) of subdivision (b) of Section 12020, without a valid handgun safety license issued by the department pursuant to this section. No person shall sell, or deliver through gift, loan, transfer, or bequest, any handgun, except an antique firearm, as defined in paragraph (5) of subdivision (b) of Section 12020, to any individual without assuring that the individual has a valid handgun safety license issued by the department pursuant to this section. (2) The following persons, properly identified, are exempt from the requirement that a valid handgun safety license is needed to purchase, receive through gift, loan, transfer, or bequest, any handgun: (A) Any California or federal peace officer who is authorized to carry a firearm while on duty. (B) Any honorably retired peace officer, as defined in Section 830.1, 830.2 or subdivision (c) of Section 830.5 who was authorized to carry a firearm on duty. (C) Any honorably retired federal officers or agents who were authorized to, and did, carry firearms in the course and scope of their duties and are authorized to carry firearms pursuant to subdivision (i) of Section 12027. (c) The department shall not issue a handgun safety license to any person who is under the age of 21 or who falls into any of the classes prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (d) The department shall modify the existing dealers' record of sales form and make available the new dealers' record of sales form, and develop and make available a handgun safety license application form. The forms shall be readily available to the public, including by means of the Internet. (e) An applicant for a handgun safety license shall provide all of the following information, and an individual providing false information shall be guilty of a misdemeanor: (1) Name. (2) Current mailing address. (3) Any aliases ever used, or other names by which the applicant has ever been known. (4) Date and place of birth. (5) An indication as to whether the applicant falls into any of the classes prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (6) A California driver's license or state-issued photo identification card. (7) A clear thumbprint, taken at the time of submission of the application pursuant to subdivision (f). (8) A statement that the applicant has read and agrees to comply with all of the conditions of the handgun safety license. (9) Date of application. (10) Signature. (11) Documentation that the applicant is a California resident. Satisfactory documentation may include, but shall not be limited to, a utility bill from within the last three months, a residential lease, or a property deed. (f) (1) The completed application shall be submitted in person tothea chief law enforcement officerof the jurisdiction in which the applicant resides, or to an agent of the chief law enforcement officer designated for that purpose. The chief law enforcement officer shall provide for taking a thumbprint of the applicant at the time of submission of the application. The thumbprint shall be placed on both the original application and on a copy, to be retained by the chief law enforcement officer. The thumbprint taken in connection with the application shall be maintained with the applicant's application file, but shall be used for a background check of the applicant only when the department has developed procedures that, in the determination of the department, are cost-effective for the department to conduct a background check. The chief law enforcement officer or his or her designated agent shall witness the signature of the applicant on the form, and shall attest to that fact on the form. The chief law enforcement officer or his or her designated agent shall require clear evidence of the applicant's identity and age, as defined in paragraph (1) of subdivision (c) of Section 12071. In addition, the applicant shall comply with paragraphs (2) to (4), inclusive, by taking a course from a department certified handgun safety license instructor. After the chief law enforcement officer or his or her designee verifies the applicant's name, date of birth, valid driver's license or state identification card, and documentation that the individual is a California resident, the chief law enforcement officer shall retain a copy of the application and thumbprint and return the original to the applicant. The original application shall be returned to the applicant not more than two business days from the time of receipt of the application. The chief law enforcement officer shall stamp the original to certify his or her review and approval. (2) The applicant shall perform a safe handling demonstration encompassing various types of handguns, the content, form, and manner of which shall be prescribed by the department. The demonstration shall be performed for an instructor certified by the department. (3) The applicant shall perform a basic shooting proficiency demonstration, the content, form, and manner of which shall be prescribed by the department. The demonstration shall be performed before an instructor certified by the department. (4) The applicant shall complete and pass a written test, the content, form, and manner of which shall be prescribed by the department. The test shall be administered by an instructor certified by the department. The test shall cover all of the following: (A) The laws applicable to the carrying and handling of firearms, particularly handguns. (B) The responsibilities of ownership of firearms, particularly handguns. (C) Current law related to the private sale and transfer of firearms. (D) Current law as it relates to permissible use of lethal force. (E) What constitutes safe firearms storage practices. (F) Risks associated with bringing a handgun into the home. (G) Prevention strategies to reduce risks associated with bringing a handgun into the home. (5) Certification that the requirements in paragraphs (2) to (4), inclusive, have been completed within the previous six months shall be provided to law enforcement in a form prescribed by the department together with the handgun safety license course certificate. (6) Individuals who have a valid concealed weapons permit issued pursuant to Section 12050 shall be exempt from the thumbprint requirement in paragraph (7) of subdivision (e) and from the safety requirements in paragraphs (2) to (5), inclusive, of subdivision (f). Reserve peace officers, as defined by Section 832.6, shall also be exempt from the thumbprint and safety requirements if the department determines that the training completed by the reserve peace officers is, at a minimum, equivalent to the training course, written test, firearm proficiency, and safe handling demonstration required pursuant to the safety requirements of this section. (7) Individuals who are authorized by the department as handgun safety license instructors pursuant to paragraph (3) of subdivision (a) of Section 12062 shall be exempt from the requirements of subdivision (b). (g) The licensed California dealer shall, within two business days, forward the completed application to the department. The department shall complete an investigation to determine whether the applicant is a member of any class of person prohibited under this section from receiving a handgun safety license. If the department determines that the applicant is not prohibited by this section from obtaining a handgun safety license, the department shall forward a handgun safety license to the applicant via United States mail within 10 days of receiving the application. The fact that a background check was conducted in order for a person to obtain a handgun safety license shall not be construed to exempt that person from a subsequent background check when purchasing a handgun. An individual who submits an application to purchase a firearm at the same time he or she submits an application for a handgun safety license shall undergo, and be charged for, only one background check. (h) The handgun safety license shall be issued by the department and shall contain all of the following information with respect to the licensee on a paper card that tears out of the license form returned to the applicant: (1) Name. (2) Current mailing address. (3) Date of birth. (4) A handgun safety license number unique to each licensee and that is the same as the licensee's California driver's license number, or if the licensee does not have a California driver's license, a number that is the same as the licensee's California state identification card number. (5) Expiration date of the license. (6) The signature provided on the application or a facsimile thereof. (i) The following words shall be prominently displayed, centered at the top of the license: "CALIFORNIA HANDGUN SAFETY LICENSE NOT VALID FOR ANY OTHER PURPOSE" (j) The handgun safety license may, at the discretion of the Attorney General, include some or all of the information specified in subdivision (h) in an electronically readable format. (k) A license issued pursuant to this section is valid for five years from the date of issuance of the license, or until the licensee' s California driver's license expires, whichever period is shorter. If the licensee does not have a California driver's license, the handgun safety license shall expire on the licensee's birthday that falls at least five but no more than six years after issuance of the handgun safety license. If the drivers license expires within the next year, the handgun safety license shall expire at the time the next driver's license expires. (l) The department shall maintain a current data base containing all of the information submitted by each applicant pursuant to this section, which shall become part of a consolidated firearm information system to be developed by the Attorney General. This system shall be merged with the current Dealers Record of Sale system. The data base shall be accessible both directly through telephonic or other electronic means, and indirectly through the department, as follows: (1) To law enforcement officials, in the furtherance of their official duties, to permit rapid determination of the license status of any individual. (2) To any state agency for the sole purpose of statistical evaluation of the licensing program established pursuant to this section. Appropriate steps shall be taken to protect the privacy rights of individual licensees when any information is released pursuant to this paragraph. (m) The department shall charge the applicant a license fee sufficient to completely cover the costs incurred by the department in administering the handgun safety licensing program, not to exceed thirty dollars ($30) per license application. This fee shall be deposited in the Dealers Record of Sale Account and funds in that account may be used to cover costs under this section and to repay the General Fund for any funds allocated to implement this section, plus interest. The chief law enforcement officer may charge the applicant an administrative fee solely to cover the costs incurred by the chief law enforcement officer in processing applications pursuant to this section, not to exceed twelve dollars ($12) per license application. These costs may be adjusted every calendar year by the department by an amount, rounded to the nearest whole dollar, by which inflation has occurred; however, the fees charged for the application shall not exceed the costs of administering the licensing program by the respective agencies charging the fees. (n) The handgun safety license shall be subject to the following conditions, the breach of any one of which shall result in the immediate suspension or revocation, as defined, by the department or by order of a judge of a court of record, in addition to any other penalty provided by law: (1) Revocation of the license for the length of time an individual is prohibited under any applicable state law from purchasing a pistol, revolver, or other firearm capable of being concealed upon the person. (2) The license shall be invalid if it does not contain an individual's current mailing address and legal name. The individual may reactivate the license by notifying the department in writing of any change of legal name or mailing address of the licensee. The department shall verify receipt of the change of address within 10 days by mailing back a small card with the new address or name. The license shall become valid when the data is transmitted to the department. (3) A one-year suspension if an individual fails to comply with the provisions of subdivision (d) of Section 12072. (o) Upon receipt of notification of any change of legal name or mailing address of a licensee, the department shall issue an amended license containing the new information. The issuance of an amended license shall not change the expiration date of the license. (p) Within five days of receipt of notice of revocation of the license by the department or a judge of a court of record, or on any earlier date as required by the court, the licensee shall deliver the license to the department or to the clerk of the court. (q) Subject to adequate funding, 90 days prior to the expiration of the handgun safety license, the department shall mail a letter to the licensee reminding him or her of the license expiration. However, the license shall expire irrespective of whether or not the licensee receives notification. (r) To renew a handgun safety license, the licensee must first retake the written test to be administered by an instructor certified by the department. After passing this test, the individual shall submit a renewal application, that shall include all of the information specified in subdivision (e) of Section 12060, excepting the thumbprint, along with the handgun safety license fee, in a form approved by the Attorney General, to the chief law enforcement officer no later than 30 days prior to the expiration date of the license. The licensee also shall provide current proof of identity, as described in paragraph (1) of subdivision (c) of Section 12071, and his or her current mailing address. The chief law enforcement officer shall forward the renewal application to the department within 48 hours. The department shall issue a new license bearing the mailing address of the licensee, and the additional information specified in subdivision (h). (s) The handgun safety license shall be presented at the point of purchase or transfer by the licensee when purchasing or taking possession of a handgun in this state. (t) (1) In addition to any other penalty, a violation of this section is an infraction punishable by a one-hundred-dollar ($100) fine. (2) A second violation of this section is punishable by that fine and a five-year suspension of the handgun safety license. (3) A third or subsequent violation of this section is punishable as a misdemeanor and a permanent prohibition against being eligible for a handgun safety license. (u) This section shall become operative on July 1, 2002. 12061. (a) Any person who alters, forges, counterfeits, or falsifies any handgun safety license, or uses or attempts to use any altered, forged, counterfeited, or falsified handgun safety license to purchase a handgun, is guilty of a misdemeanor. (b) No person may commit an act of collusion relating to this act. An act of collusion shall be punishable by a one-thousand-dollar ($1,000) fine and a prohibition on owning or controlling firearms in California for five years. Collusion includes any of the following: (1) A person other than the test applicant answering the test applicant's questions during a handgun safety license test. (2) Knowingly grading the examination falsely. (3) Providing an advance copy of the test to an applicant. (4) Taking or allowing another person to take handgun safety license course or test for one who is the applicant for the license. (5) Allowing others to give unauthorized assistance during the course or test. (6) Reference to unauthorized materials during the written test and cheating by the applicant. (7) Providing originals or photocopies of the written test, or any version thereof, to any person applying for a license, except as part of actual test administration. (c) This section shall become operative on July 1, 2002. 12062. (a) Beginning on July 1, 2001, and prior to February 1, 2002, the department shall do all of the following: (1) Develop the course content and instructional materials for a handgun safety license course. The course shall consist of not less than two, nor more than eight hours of instruction, including, but not limited to, instruction in the following areas as they pertain to handguns: (A) The laws applicable to the carrying and handling of firearms, particularly handguns. (B) The responsibilities of ownership of firearms, particularly handguns. (C) Current law relating to the private sale and transfer of firearms. (D) Current law as it relates to the permissible use of lethal force. (E) What constitutes safe gun storage. (F) Risks associated with bringing a handgun into the home. (G) Prevention strategies to reduce risks associated with bringing firearms into the home. (2) Develop an instructional manual and, if the department deems necessary, audiovisual materials, to be issued to a handgun safety license instructor certified by the department. The department shall make the instructional manual available to firearms dealers licensed pursuant to Section 12071, who shall have it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 12080. (3) Prescribe a minimum level of skill, knowledge, and competency to be required of all handgun safety license instructors and develop and provide the guidelines to be used to certify the instructors. The department shall charge a fee, not to exceed two hundred dollars ($200), which can be adjusted annually for inflation, to pay for certification. (4) Develop a safe handling demonstration, basic shooting proficiency and objective written tests for the handgun safety license course. There shall be no less than five distinct versions of the objective test. The purpose of the objective test shall be to ensure knowledge of the items specified in paragraph (1). The test shall consist of not less than 20, nor more than 30, questions. An applicant shall respond successfully to at least 75 percent of the total number of questions in order to pass the test. (5) The department shall incorporate a statement of policy in the course materials declaring that the requirements of the provisions of this section shall be administered in a fair and nondiscriminatory manner. (6) At any point in the course, including testing, where an applicant fails to meet a requirement, the applicant shall be informed of that fact at the time of failure. If the applicant is denied a handgun safety license for failure to meet one or more requirements, the applicant shall be notified in writing, within 10 days of that determination, and the notification shall advise the applicant of the failure and basis for the denial. (b) The department shall solicit input from any reputable association or organization that has, as one of its objectives, the promotion of firearms safety in the development of the basic firearms safety course. (c) The department shall periodically update the curriculum of the handgun license safety course, instructional materials, the handgun safety license manual, the objective test, and guidelines for handgun safety license instructors, as needed. (d) The department shall develop handgun safety license course certificates to be issued by the department, or an instructor certified by the department, to those persons who have complied with this article. (e) The department shall ensure that the course shall be available to persons at convenient times and locations in a person's county of residency by July 1, 2002. In the case of a city and county, the department shall ensure that a course is available within 15 miles of that city and county. (f) The department shall be immune from any liability arising from implementing this section. 12063. The Department of Justice shall conduct an annual background check of all persons who have a handgun safety license, to ensure that licenses have not become prohibited from possessing a handgun pursuant to Section 12021 or 12021.1, or Section 8100 or 8103 of the Welfare and Institutions Code. 12064. The Department of Justice shall, subject to an appropriation for this purpose in the 2001-02 State Budget, conduct a public information campaign to educate the public regarding the necessity and requirements of a handgun safety license. 12065. The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 4. Section 12070 of the Penal Code is amended to read: 12070. (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor. (b) Subdivision (a) does not include any of the following: (1) The sale, lease, or transfer of any firearm by a person acting pursuant to operation of law, a court order, or pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure), or by a person who liquidates a personal firearm collection to satisfy a court judgment. (2) A person acting pursuant to subdivision (e) of Section 186.22a or subdivision (c) of Section 12028. (3) The sale, lease, or transfer of a firearm by a person who obtains title to the firearm by intestate succession or by bequest or as a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code, provided the person disposes of the firearm within 60 days of receipt of the firearm. (4) The infrequent sale, lease, or transfer of firearms. (5) The sale, lease, or transfer of used firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, at gun shows or events, as specified in subparagraph (B) of paragraph (1) of subdivision (b) of Section 12071, by a person other than a licensee or dealer, provided the person has a valid federal firearms license and a current certificate of eligibility issued by the Department of Justice, as specified in Section 12071, and provided all the sales, leases, or transfers fully comply with subdivision (d) of Section 12072. However, the person shall not engage in the sale, lease, or transfer of used firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person at more than 12 gun shows or events in any calendar year and shall not sell, lease, or transfer more than 15 used firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person at any single gun show or event. In no event shall the person sell more than 75 used firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person in any calendar year. A person described in this paragraph shall be known as a "Gun Show Trader." The Department of Justice shall adopt regulations to administer this program and shall recover the full costs of administration from fees assessed applicants. As used in this paragraph, the term "used firearm" means a firearm that has been sold previously at retail and is more than three years old. (6) The activities of a law enforcement agency pursuant to Section 12084. (7) Deliveries, sales, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (8) The sale, delivery, or transfer of firearms by manufacturers or importers licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto to dealers or wholesalers. (9) Deliveries and transfers of firearms made pursuant to Section 12028, 12028.5, or 12030. (10) The loan of a firearm for the purposes of shooting at targets, if the loan occurs on the premises of a target facility which holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization. (11) Sales, deliveries, or transfers of firearms by manufacturers, importers, or wholesalers licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto to persons who reside outside this state who are licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, if the sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (12) Sales, deliveries, or transfers of firearms by persons who reside outside this state and are licensed outside this state pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto to wholesalers, manufacturers, or importers, if the sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (13) Sales, deliveries, or transfers of firearms by wholesalers to dealers. (14) Sales, deliveries, or transfers of firearms by persons who reside outside this state to persons licensed pursuant to Section 12071, if the sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto. (15) Sales, deliveries, or transfers of firearms by persons who reside outside this state and are licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto to dealers, if the sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (16) The delivery, sale, or transfer of an unloaded firearm by one wholesaler to another wholesaler if that firearm is intended as merchandise in the receiving wholesaler's business. (17) The loan of an unloaded firearm or the loan of a firearm loaded with blank cartridges for use solely as a prop for a motion picture, television, or video production or entertainment or theatrical event. (18) The delivery of an unloaded firearm that is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, by a person licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto with a current certificate of eligibility issued pursuant to Section 12071 to a dealer. (c) (1) As used in this section, "infrequent" means: (A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person. (B) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity. (2) As used in this section, "operation of law" includes, but is not limited to, any of the following: (A) The executor or administrator of an estate, if the estate includes firearms. (B) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (C) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (D) A receiver performing his or her functions as a receiver, if the receivership estate includes firearms. (E) A trustee in bankruptcy performing his or her duties, if the bankruptcy estate includes firearms. (F) An assignee for the benefit of creditors performing his or her functions as an assignee, if the assignment includes firearms. (G) A transmutation of property between spouses pursuant to Section 850 of the Family Code, provided however, if the firearm is a handgun, the family member taking possession must first obtain a handgun safety license pursuant to Section 12060. (H) Firearms received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code provided however, if the firearm is a handgun, the family member taking possession must first obtain a handgun safety license pursuant to Section 12060. (I) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code, provided however, if the firearm is a handgun, the person must first obtain a handgun safety license pursuant to Section 12060. (d) This section, as amended by the act that added this subdivision, shall become operative July 1, 2002. SEC. 5. Section 12071 of the Penal Code is amended to read: 12071. (a) (1) As used in this chapter, the term "licensee," "person licensed pursuant to Section 12071," or "dealer" means a person who has all of the following: (A) A valid federal firearms license. (B) Any regulatory or business license, or licenses, required by local government. (C) A valid seller's permit issued by the State Board of Equalization. (D) A certificate of eligibility issued by the Department of Justice pursuant to paragraph (4). (E) A license issued in the format prescribed by paragraph (6). (F) Is among those recorded in the centralized list specified in subdivision (e). (2) The duly constituted licensing authority of a city, county, or a city and county shall accept applications for, and may grant licenses permitting, licensees to sell firearms at retail within the city, county, or city and county. The duly constituted licensing authority shall inform applicants who are denied licenses of the reasons for the denial in writing. (3) No license shall be granted to any applicant who fails to provide a copy of his or her valid federal firearms license, valid seller's permit issued by the State Board of Equalization, and the certificate of eligibility described in paragraph (4). (4) A person may request a certificate of eligibility from the Department of Justice and the Department of Justice shall issue a certificate to an applicant if the department's records indicate that the applicant is not a person who is prohibited from possessing firearms. (5) The department shall adopt regulations to administer the certificate of eligibility program and shall recover the full costs of administering the program by imposing fees assessed to applicants who apply for those certificates. (6) A license granted by the duly constituted licensing authority of any city, county, or city and county, shall be valid for not more than one year from the date of issuance and shall be in one of the following forms: (A) In the form prescribed by the Attorney General. (B) A regulatory or business license that states on its face "Valid for Retail Sales of Firearms" and is endorsed by the signature of the issuing authority. (C) A letter from the duly constituted licensing authority having primary jurisdiction for the applicant's intended business location stating that the jurisdiction does not require any form of regulatory or business license or does not otherwise restrict or regulate the sale of firearms. (7) Local licensing authorities may assess fees to recover their full costs of processing applications for licenses. (b) A license is subject to forfeiture for a breach of any of the following prohibitions and requirements: (1) (A) Except as provided in subparagraphs (B) and (C), the business shall be conducted only in the buildings designated in the license. (B) A person licensed pursuant to subdivision (a) may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at gun shows or events, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subparagraph shall be entitled to conduct business as authorized herein at any gun show or event in the state without regard to the jurisdiction within this state that issued the license pursuant to subdivision (a), provided the person complies with (i) all applicable laws, including, but not limited to, the waiting period specified in subparagraph (A) of paragraph (3), and (ii) all applicable local laws, regulations, and fees, if any. A person conducting business pursuant to this subparagraph shall publicly display his or her license issued pursuant to subdivision (a), or a facsimile thereof, at any gun show or event, as specified in this subparagraph. (C) A person licensed pursuant to subdivision (a) may engage in the sale and transfer of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, at events specified in subdivision (g) of Section 12078, subject to the prohibitions and restrictions contained in that subdivision. A person licensed pursuant to subdivision (a) also may accept delivery of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified in subdivision (g) of Section 12078. (D) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places: (i) The building designated in the license. (ii) The places specified in subparagraph (B) or (C). (iii) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm. (2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen. (3) No firearm shall be delivered: (A) Within 10 days of the application to purchase, or, after notice by the department pursuant to subdivision (d) of Section 12076, 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 subdivision (e) of Section 12076, 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 his or her identity and age to the dealer. (D) Whenever the dealer is notified by the Department of Justice that the person is in a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (4) No pistol, revolver, or other firearm or imitation thereof capable of being concealed upon the person, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside. (5) The licensee shall agree to and shall act properly and promptly in processing firearms transactions pursuant to Section 12082. (6) The licensee shall comply with Sections 12073, 12076, and 12077, subdivisions (a) and (b) of Section 12072, and subdivision (a) of Section 12316. (7) The licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height: (A) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 16 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING." (B) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 16 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, OR YOU ARE A PARENT OR LEGAL GUARDIAN, WHO KNOWS OR REASONABLY SHOULD KNOW THAT YOUR CHILD UNDER 16 YEARS OF AGE HAS GAINED ACCESS TO A FIREARM, AND THE CHILD CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING." (C) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE." (D) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM." (E) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD." (8) No handgun shall be transferred, sold, or loaned to any individual unless the person receiving the firearm has a valid handgun safety license pursuant to Section 12060. The individual must present the original handgun safety license to the dealer. (9) Commencing July 1, 1992, the licensee shall offer to provide the purchaser or transferee of a firearm, or person being loaned a firearm, with a copy of the pamphlet described in Section 12080 and may add the cost of the pamphlet, if any, to the sales price of the firearm. (10) The licensee shall not commit an act of collusion as defined in Section 12072. (11) The licensee shall post conspicuously within the licensed premises a detailed list of each of the following: (A) All charges required by governmental agencies for processing firearm transfers required by Sections 12076, 12082, and 12806. (B) All fees that the licensee charges pursuant to Sections 12082 and 12806. (12) The licensee shall not misstate the amount of fees charged by a governmental agency pursuant to Sections 12076, 12082, and 12806. (13) The licensee shall report the loss or theft of any firearm that is merchandise of the licensee, any firearm that the licensee takes possession of pursuant to Section 12082, or any firearm kept at the licensee's place of business within 48 hours of discovery to the appropriate law enforcement agency in the city, county, or city and county where the licensee's business premises are located. (14) In a city and county, or in the unincorporated area of a county with a population of 200,000 persons or more according to the most recent federal decennial census or within a city with a population of 50,000 persons or more according to the most recent federal decennial census, any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the following methods as to each particular firearm: (A) Store the firearm in a secure facility that is a part of, or that constitutes, the licensee's business premises. (B) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. (C) Store the firearm in a locked fireproof safe or vault in the licensee's business premises. (15) The licensing authority in an unincorporated area of a county with a population less than 200,000 persons according to the most recent federal decennial census or within a city with a population of less than 50,000 persons according to the most recent federal decennial census may impose the requirements specified in paragraph (14). (16) Commencing January 1, 1994, the licensee shall, upon the issuance or renewal of a license, submit a copy of the same to the Department of Justice. (17) The licensee shall maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, a firearms transaction record. (18) (A) On the date of receipt, the licensee shall report to the Department of Justice in a format prescribed by the department the acquisition by the licensee of the ownership of a pistol, revolver, or other firearm capable of being concealed upon the person. (B) The provisions of this paragraph shall not apply to any of the following transactions: (i) A transaction subject to the provisions of subdivision (n) of Section 12078. (ii) The dealer acquired the firearm from a wholesaler. (iii) The dealer is also licensed as a secondhand dealer pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code. (iv) The dealer acquired the firearm from a person who is licensed as a manufacturer or importer to engage in those activities pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. (v) The dealer acquired the firearm from a person who resides outside this state who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. (19) The licensee shall forward in a format prescribed by the Department of Justice, information as required by the department on any firearm that is not delivered within the time period set forth in Section 178.102 (c) of Title 27 of the Code of Federal Regulations. (c) (1) As used in this article, "clear evidence of his or her identity and age" means either of the following: (A) A valid California driver's license. (B) A valid California identification card issued by the Department of Motor Vehicles. (2) As used in this section, a "secure facility" means a building that meets all of the following specifications: (A) All perimeter doorways shall meet one of the following: (i) A windowless steel security door equipped with both a dead bolt and a doorknob lock. (ii) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (iii) A metal grate that is padlocked and affixed to the licensee' s premises independent of the door and doorframe. (B) All windows are covered with steel bars. (C) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system. (D) Any metal grates have spaces no larger than six inches wide measured in any direction. (E) Any metal screens have spaces no larger than three inches wide measured in any direction. (F) All steel bars shall be no further than six inches apart. (3) As used in this section, "licensed premises," "licensed place of business," "licensee's place of business," or "licensee's business premises" means the building designated in the license. (4) For purposes of paragraph (17) of subdivision (b): (A) A "firearms transaction record" is a record containing the same information referred to in subdivision (a) of Section 178.124, Section 178.124a, and subdivision (e) of Section 178.125 of Title 27 of the Code of Federal Regulations. (B) A licensee shall be in compliance with the provisions of paragraph (17) of subdivision (b) if he or she maintains and makes available for inspection during business hours to any peace officer, authorized local law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, the bound book containing the same information referred to in Section 178.124a and subdivision (e) of Section 178.125 of Title 27 of the Code of Federal Regulations and the records referred to in subdivision (a) of Section 178.124 of Title 27 of the Code of Federal Regulations. (d) Upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements of paragraph (14) of subdivision (b) if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee. (e) Except as otherwise provided in this subdivision, the Department of Justice shall keep a centralized list of all persons licensed pursuant to subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a). The department may remove from this list any person who knowingly or with gross negligence violates this article. Upon removal of a dealer from this list, notification shall be provided to local law enforcement and licensing authorities in the jurisdiction where the dealer's business is located. The department shall make information about an individual dealer available, upon request, for one of the following purposes only: (1) For law enforcement purposes. (2) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments. (3) When information is requested by a person promoting, sponsoring, operating, or otherwise organizing a show or event as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, or its successor, who possesses a valid certificate of eligibility issued pursuant to Section 12071.1, if that information is requested by the person to determine the eligibility of a prospective participant in a gun show or event to conduct transactions as a firearms dealer pursuant to subparagraph (B) of paragraph (1) of subdivision (b). Information provided pursuant to this paragraph shall be limited to information necessary to corroborate an individual's current license status. (f) The Department of Justice may inspect dealers to ensure compliance with this article. The department may assess an annual fee, not to exceed eighty-five dollars ($85), to cover the reasonable cost of maintaining the list described in subdivision (e), including the cost of inspections. Dealers whose place of business is in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law shall be exempt from that portion of the department's fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. (g) The Department of Justice shall maintain and make available upon request information concerning the number of inspections conducted and the amount of fees collected pursuant to subdivision (f), a listing of exempted jurisdictions, as defined in subdivision (f), the number of dealers removed from the centralized list defined in subdivision (e), and the number of dealers found to have violated this article with knowledge or gross negligence. (h) Paragraph (14) or (15) of subdivision (b) shall not apply to a licensee organized as a nonprofit public benefit or mutual benefit corporation organized pursuant to Part 2 (commencing with Section 5110) or Part 3 (commencing with Section 7110) of Division 2 of the Corporations Code, if both of the following conditions are satisfied: (1) The nonprofit public benefit or mutual benefit corporation obtained the dealer's license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions or similar events at which firearms are auctioned off to fund the activities of that corporation or the local chapters of the corporation. (2) The firearms are not pistols, revolvers, or other firearms capable of being concealed upon the person. SEC. 6. Section 12072 of the Penal Code is amended to read: 12072. (a) (1) No person, corporation, or firm shall knowingly supply, deliver, sell, or give possession or control of a firearm to any person within any of the classes prohibited by Section 12021 or 12021.1. (2) No person, corporation, or dealer shall sell, supply, deliver, or give possession or control of a firearm to any person whom he or she has cause to believe to be within any of the classes prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (3) (A) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor a handgun to an individual aged 18, 19, or 20 years. (B) Subparagraph (A) shall not apply to or affect those circumstances set forth in subdivision (p) of Section 12078. (4) No person, corporation, or dealer shall sell, loan, or transfer a firearm to any person whom he or she knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to any person who is not the person actually being loaned the firearm, if the person, corporation, or dealer has either of the following: (A) Knowledge that the firearm is to be subsequently loaned, sold, or transferred to avoid the provisions of subdivision (c) or (d). (B) Knowledge that the firearm is to be subsequently loaned, sold, or transferred to avoid the requirements of any exemption to the provisions of subdivision (c) or (d). (5) No person, corporation, or dealer shall acquire a firearm for the purpose of selling, transferring, or loaning the firearm, if the person, corporation, or dealer has either of the following: (A) In the case of a dealer, intent to violate subdivision (b) or (c). (B) In any other case, intent to avoid either of the following: (i) The provisions of subdivision (d). (ii) The requirements of any exemption to the provisions of subdivision (d). (6) The dealer shall comply with the provisions of paragraph (18) of subdivision (b) of Section 12071. (7) The dealer shall comply with the provisions of paragraph (19) of subdivision (b) of Section 12071. (8) No person shall sell or otherwise transfer his or her ownership in a pistol, revolver, or other firearm capable of being concealed upon the person unless the firearm bears either: (A) The name of the manufacturer, the manufacturer's make or model, and a manufacturer's serial number assigned to that firearm. (B) The identification number or mark assigned to the firearm by the Department of Justice pursuant to Section 12092. (9) (A) No person shall make an application to purchase more than one pistol, revolver, or other firearm capable of being concealed upon the person within any 30-day period. (B) Subparagraph (A) shall not apply to any of the following: (i) Any law enforcement agency. (ii) Any agency duly authorized to perform law enforcement duties. (iii) Any state or local correctional facility. (iv) Any private security company licensed to do business in California. (v) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of his or her employment as a peace officer. (vi) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm. (vii) Any person who may, pursuant to Section 12078, claim an exemption from the waiting period set forth in subdivision (c) of this section. (viii) Any transaction conducted through a licensed dealer pursuant to Section 12082. (ix) Any transaction conducted through a law enforcement agency pursuant to Section 12084. (x) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto and who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. (xi) The exchange of a pistol, revolver, or other firearm capable of being concealed upon the person where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement. (xii) The replacement of a pistol, revolver, or other firearm capable of being concealed upon the person when the person's pistol, revolver, or other firearm capable of being concealed upon the person was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which he or she resides. (xiii) The return of any pistol, revolver, or other firearm capable of being concealed upon the person to its owner. (b) No person licensed under Section 12071 shall supply, sell, deliver, or give possession or control of a pistol, revolver, or firearm capable of being concealed upon the person to any person under the age of 21 years or any other firearm to a person under the age of 18 years. (c) No dealer, whether or not acting pursuant to Section 12082, shall deliver a firearm to a person, as follows: (1) Within 10 days of the application to purchase, or, after notice by the department pursuant to subdivision (d) of Section 12076, 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 subdivision (e) of Section 12076, whichever is later. (2) Unless unloaded and securely wrapped or unloaded and in a locked container. (3) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of his or her identity and age, as defined in Section 12071, to the dealer. (4) Whenever the dealer is notified by the Department of Justice that the person is in a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (5) (A) Commencing April 1, 1994, no pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the purchaser, transferee, or person being loaned the firearm presents to the dealer a basic firearms safety certificate. (B) Commencing July 1, 2002, no pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the purchaser, transferee, or person being loaned the firearm presents a handgun safety license to the dealer. (6) No pistol, revolver, or other firearm capable of being concealed upon the person shall 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 pistol, revolver, or other firearm capable of being concealed upon the person and that the previous application to purchase involved none of the entities specified in subparagraph (B) of paragraph (9) of subdivision (a). (d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through either of the following: (1) A licensed dealer pursuant to Section 12082. (2) A law enforcement agency pursuant to Section 12084. (e) Until July 1, 2002, no person may commit an act of collusion relating to Article 8 (commencing with Section 12800) of Chapter 6. Commencing July 1, 2002, no person may commit an act of collusion relating to obtaining a handgun safety license pursuant to Section 12060. For purposes of this section and Section 12071, collusion may be proven by any one of the following factors: (1) Answering a test applicant's questions during an objective test relating to basic firearms safety. (2) Knowingly grading the examination falsely. (3) Providing an advance copy of the test to an applicant. (4) Taking or allowing another person to take the basic firearms safety course for one who is the applicant for the basic firearms safety certificate or a handgun safety license. (5) Allowing another to take the objective test for the applicant, purchaser, or transferee. (6) Allowing others to give unauthorized assistance during the examination. (7) Reference to unauthorized materials during the examination and cheating by the applicant. (8) Until July 1, 2002, providing originals or photocopies of the objective test, or any version thereof, to any person other than as specified in subdivision (f) of Section 12805. (f) (1) No person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code shall deliver, sell, or transfer a firearm to a person who is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and whose licensed premises are located in this state unless one of the following conditions is met: (A) The person presents proof of licensure pursuant to Section 12071 to that person. (B) The person presents proof that he or she is exempt from licensure under Section 12071 to that person, in which case the person also shall present proof that the transaction is also exempt from the provisions of subdivision (d). (2) (A) On or after January 1, 1998, within 60 days of bringing a pistol, revolver, or other firearm capable of being concealed upon the person into this state, a personal handgun importer shall do one of the following: (i) Forward by prepaid mail or deliver in person to the Department of Justice, a report prescribed by the department including information concerning that individual and a description of the firearm in question. (ii) Sell or transfer the firearm in accordance with the provisions of subdivision (d) or in accordance with the provisions of an exemption from subdivision (d). (iii) Sell or transfer the firearm to a dealer licensed pursuant to Section 12071. (iv) Sell or transfer the firearm to a sheriff or police department. (B) If the personal handgun importer sells or transfers the pistol, revolver, or other firearm capable of being concealed upon the person pursuant to subdivision (d) of Section 12072 and the sale or transfer cannot be completed by the dealer to the purchaser or transferee, and the firearm can be returned to the personal handgun importer, the personal handgun importer shall have complied with the provisions of this paragraph. (C) The provisions of this paragraph 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 the Penal Code shall not be punished under more than one provision. (D) (i) On and after January 1, 1998, the department shall conduct a public education and notification program regarding this paragraph and Section 12060 to ensure a high degree of publicity of the provisions of this paragraph. (ii) As part of the public education and notification program described in this subparagraph, the department shall do all of the following: (I) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this paragraph is advised of the provisions of this paragraph, and provided with blank copies of the report described in clause (i) of subparagraph (A) at the time that person applies for a California driver's license or registers his or her motor vehicle in accordance with the Vehicle Code. (II) Make the reports referred to in clause (i) of subparagraph (A) available to dealers licensed pursuant to Section 12071. (III) Make the reports referred to in clause (i) of subparagraph (A) available to law enforcement agencies. (IV) Make persons subject to the provisions of this paragraph aware of the fact that reports referred to in clause (i) of subparagraph (A) may be completed at either the licensed premises of dealers licensed pursuant to Section 12071 or at law enforcement agencies, that it is advisable to do so for the sake of accuracy and completeness of the reports, that prior to transporting a pistol, revolver, or other firearm capable of being concealed upon the person to a law enforcement agency in order to comply with subparagraph (A), the person should give prior notice to the law enforcement agency that he or she is doing so, and that in any event, the pistol, revolver, or other firearm capable of being concealed upon the person should be transported unloaded and in a locked container. (iii) Any costs incurred by the department to implement this paragraph shall be absorbed by the department within its existing budget and the fees in the Dealers' Record of Sale Special Account allocated for implementation of this subparagraph pursuant to Section 12076. (3) Where a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, acquires a pistol, revolver, or other firearm capable of being concealed upon the person that is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, outside of this state, takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of the United States Code, as amended by Public Law 104-208, and transports that firearm into this state, within five days of that licensed collector transporting that firearm into this state, he or she shall report to the department in a format prescribed by the department his or her acquisition of that firearm. (4) (A) It is the intent of the Legislature that a violation of paragraph (2) or (3) shall not constitute a "continuing offense" and the statute of limitations for commencing a prosecution for a violation of paragraph (2) or (3) commences on the date that the applicable grace period specified in paragraph (2) or (3) expires. (B) Paragraphs (2) and (3) shall not apply to a person who reports his or her ownership of a pistol, revolver, or other firearm capable of being concealed upon the person after the applicable grace period specified in paragraph (2) or (3) expires if evidence of that violation arises only as the result of the person submitting the report described in paragraph (2) or (3). (g) (1) Except as provided in paragraph (2), (3), or (5), a violation of this section is a misdemeanor. (2) If any of the following circumstances apply, a violation of this section is punishable by imprisonment in the state prison for two, three, or four years. (A) If the violation is of paragraph (1) of subdivision (a). (B) If the defendant has a prior conviction of violating the provisions, other than paragraph (9) of subdivision (a), of this section or former Section 12100 of this code or Section 8101 of the Welfare and Institutions Code. (C) If the defendant has a prior conviction of violating any offense specified in subdivision (b) of Section 12021.1 or of a violation of Section 12020, 12220, or 12520, or of former Section 12560. (D) If the defendant is in a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (E) A violation of this section by a person who actively participates in a "criminal street gang" as defined in Section 186.22. (F) A violation of subdivision (b) involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor. (3) If any of the following circumstances apply, a violation of this section shall be punished by imprisonment in a county jail not exceeding one year or in the state prison, or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (A) A violation of paragraph (2), (4), or (5), of subdivision (a). (B) A violation of paragraph (3) of subdivision (a) involving the sale, loan, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person to a minor. (C) A violation of subdivision (b) involving the delivery of a pistol, revolver, or other firearm capable of being concealed upon the person. (D) A violation of paragraph (1), (3), (4), (5), or (6) of subdivision (c) involving a pistol, revolver, or other firearm capable of being concealed upon the person. (E) A violation of subdivision (d) involving a pistol, revolver, or other firearm capable of being concealed upon the person. (F) A violation of subdivision (e). (4) If both of the following circumstances apply, an additional term of imprisonment in the state prison for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed. (A) A violation of paragraph (2) of subdivision (a) or subdivision (b). (B) The firearm transferred in violation of paragraph (2) of subdivision (a) or subdivision (b) is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed. (5) (A) A first violation of paragraph (9) of subdivision (a) is an infraction punishable by a fine of fifty dollars ($50). (B) A second violation of paragraph (9) of subdivision (a) is an infraction punishable by a fine of one hundred dollars ($100). (C) A third or subsequent violation of paragraph (9) of subdivision (a) is a misdemeanor. (D) For purposes of this paragraph each application to purchase a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (9) of subdivision (a) shall be deemed a separate offense. SEC. 7. Section 12078 of the Penal Code is amended to read: 12078. (a) (1) The waiting periods described in Sections 12071, 12072, and 12084 shall not apply to deliveries, transfers, or sales of firearms made to persons properly identified as full-time paid peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, provided that the peace officers are authorized by their employer to carry firearms while in the performance of their duties. Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a peace officer who is authorized to carry firearms while in the performance of his or her duties, and authorizing the purchase or transfer. The certification shall be delivered to the dealer or local law enforcement agency acting pursuant to Section 12084 at the time of purchase or transfer and the purchaser or transferee shall identify himself or herself as the person authorized in the certification. The dealer or local law enforcement agency shall keep the certification with the record of sale, or LEFT, as the case may be. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm or the law enforcement agency processing the transaction pursuant to Section 12084 shall forward by prepaid mail to the Department of Justice a report of the transaction pursuant to subdivision (b) or (c) of Section 12077 or Section 12084. If electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077. (2) The preceding provisions of this article do not apply to deliveries, transfers, or sales of firearms made to authorized law enforcement representatives of cities, counties, cities and counties, or state or federal governments for exclusive use by those governmental agencies if, prior to the delivery, transfer, or sale 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. 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 he or she is employed. Within 10 days of the date a pistol, revolver, or other firearm capable of being concealed upon the person 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. Those agencies 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. (3) The preceding provisions of this article do not apply to the loan of a firearm made by an authorized law enforcement representative of a city, county, or city and county, or the state or federal government to a peace officer employed by that agency and authorized to carry a firearm for the carrying and use of that firearm by that peace officer in the course and scope of his or her duties. (4) The preceding provisions of this article do not apply to the delivery, sale, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code. Within 10 days of the date that a pistol, revolver, or other firearm capable of being concealed upon the person is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, transferred, or delivered 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 sold, transferred, or delivered the firearm. Those agencies 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. (5) The preceding provisions of this article do not apply to the delivery, sale, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Section 12027.1. Within 10 days of the date that a pistol, revolver, or other firearm capable of being concealed upon the person is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, transferred, or delivered 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 sold, transferred, or delivered the firearm. Those agencies 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. (6) Subdivision (d) of Section 12072 does not apply to sales, deliveries, or transfers of firearms to authorized representatives of cities, cities and counties, counties, or state or federal governments for those governmental agencies where the entity is acquiring the weapon as part of an authorized, voluntary program where the entity is buying or receiving weapons from private individuals. Any weapons acquired pursuant to this subdivision shall be disposed of pursuant to the applicable provisions of Section 12028 or 12032. (b) Section 12071 and subdivisions (c) and (d) of Section 12072 shall not apply to deliveries, sales, or transfers of firearms between or to importers and manufacturers of firearms 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. (c) (1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family. (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a pistol, revolver, or other firearm capable of being concealed upon the person by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met: (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, 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 paragraph shall be provided to them by the Department of Justice. (B) Prior to taking possession of the firearm, the person taking title to the firearm shall obtain a basic firearm safety certificate or, commencing July 1, 2002, a handgun safety license. (3) As used in this subdivision, "immediate family member" means any one of the following relationships: (A) Parent and child. (B) Grandparent and grandchild. (d) Subdivision (d) of Section 12072 shall not apply to the infrequent loan of firearms between persons who are personally known to each other for any lawful purpose, if the loan does not exceed 30 days in duration, and when the firearm is a handgun, provided however, that the individual being loaned the handgun has a valid handgun safety license pursuant to Section 12060. (e) Section 12071 and subdivisions (c) and (d) of Section 12072 shall not apply to the delivery of a firearm to a gunsmith for service or repair. (f) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the sale, delivery, or transfer of firearms by persons who reside in this state to persons who reside outside this state who are licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, if the sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (g) (1) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the infrequent sale or transfer of a firearm, other than a pistol, revolver, or other firearm capable of being concealed upon the person, at auctions or similar events conducted by nonprofit mutual or public benefit corporations organized pursuant to the Corporations Code. As used in this paragraph, the term "infrequent" shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by this paragraph, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events. (2) Subdivision (d) of Section 12072 shall not apply to the transfer of a firearm other than a pistol, revolver, or other firearm capable of being concealed upon the person, if the firearm is donated for an auction or similar event described in paragraph (1) and the firearm is delivered to the nonprofit corporation immediately preceding, or contemporaneous with, the auction or similar event. (3) The waiting period described in Sections 12071 and 12072 shall not apply to a dealer who delivers a firearm other than a pistol, revolver, or other firearm capable of being concealed upon the person, at an auction or similar event described in paragraph (1), as authorized by subparagraph (C) of paragraph (1) of subdivision (b) of Section 12071. Within two business days of completion of the application to purchase, the dealer shall forward by prepaid mail to the Department of Justice a report of the same as is indicated in subdivision (c) of Section 12077. If the electronic or telephonic transfer of applicant information is used, within two business days of completion of the application to purchase, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the same as is indicated in subdivision (c) of Section 12077. (h) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the loan of a firearm for the purposes of shooting at targets if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization. (i) (1) Subdivision (d) of Section 12072 shall not apply to a person who takes title or possession of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person by operation of law if the person is not prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms. (2) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to a person who takes title or possession of a pistol, revolver, or other firearm capable of being concealed upon the person by operation of law if the person is not prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms, provided the person receiving the firearm has a valid handgun safety license pursuant to Section 12060, 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 680.210 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subparagraph (G), (I), or (J) of paragraph (2) of subdivision (u), 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. The reports that individuals complete pursuant to this paragraph shall be provided to them by the department. (B) If the person taking title or possession is receiving the firearm pursuant to subparagraph (G) of paragraph (2) of subdivision (u), the person shall do both of the following: (i) 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. The reports that individuals complete pursuant to this paragraph shall be provided to them by the department. (ii) Prior to taking possession of the firearm, the person shall either obtain a basic firearms safety certificate or be exempt from obtaining a basic firearms safety certificate pursuant to Section 12081 or, commencing July 1, 2002, obtain a handgun safety license. (C) Where the person receiving title or possession of the pistol, revolver, or other firearm capable of being concealed upon the person is a person described in subparagraph (I) of paragraph (2) of subdivision (u), 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. Those agencies 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 pistol, revolver, or other firearm capable of being concealed upon the person is a person described in subparagraph (J) of paragraph (2) of subdivision (u), 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. Those agencies 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 that pistol, revolver, or other firearm capable of being concealed upon the person to the person referred to in this subparagraph unless prior to the delivery of the same the person presents proof to the agency that he or she is the holder of a basic firearms safety certificate or is exempt from obtaining a basic firearms safety certificate pursuant to Section 12081 or, commencing July 1, 2002, is the holder of a handgun safety license. (3) Subdivision (d) of Section 12072 shall 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 his or her individual capacity. In the case of a pistol, revolver, or other firearm capable of being concealed upon the person, on and after April 1, 1994, and until July 1, 2002, that individual shall have a basic firearms safety certificate in order for the exemption set forth in this paragraph to apply. Commencing July 1, 2002, the individual shall have a handgun safety license. (j) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to deliveries, transfers, or returns of firearms made pursuant to Section 12028, 12028.5, or 12030. (k) Subdivision (b) of Section 12060, Section 12071, and subdivision (c) of Section 12072 shall not apply to any of the following: (1) The delivery, sale, or transfer of unloaded firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person by a dealer to another dealer upon proof that the person receiving the firearm is licensed pursuant to Section 12071. (2) The delivery, sale, or transfer of unloaded firearms by dealers to persons who reside outside this state who are licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (3) The delivery, sale, or transfer of unloaded firearms to a wholesaler if the firearms are being returned to the wholesaler and are intended as merchandise in the wholesaler's business. (4) The delivery, sale, or transfer of unloaded firearms by one dealer to another dealer if the firearms are intended as merchandise in the receiving dealer's business upon proof that the person receiving the firearm is licensed pursuant to Section 12071. (5) The delivery, sale, or transfer of an unloaded firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person by a dealer to himself or herself. (6) The loan of an unloaded firearm by a dealer who also operates a target facility that holds a business or regulatory license on the premises of the building designated in the license or whose building designated in the license is on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, to a person at that target facility or that club or organization, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization. (l) A person who is exempt from subdivision (d) of Section 12072 or is otherwise not required by law to report his or her acquisition, ownership, or disposal of a pistol, revolver, or other firearm capable of being concealed upon the person or who moves out of this state with his or her pistol, revolver, or other firearm capable of being concealed upon the person may submit a report of the same to the Department of Justice in a format prescribed by the department. (m) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the delivery, sale, or transfer of unloaded firearms to a wholesaler as merchandise in the wholesaler's business by manufacturers or importers 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, or by another wholesaler, if the delivery, sale, or transfer is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (n) (1) The waiting period described in Section 12071 or 12072 shall not apply to the delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person by a dealer in either of the following situations: (A) The dealer is delivering the firearm to another dealer and it is not intended as merchandise in the receiving dealer's business. (B) The dealer is delivering the firearm to himself or herself and it is not intended as merchandise in his or her business. (2) In order for this subdivision to apply, both of the following shall occur: (A) If the dealer is receiving the firearm from another dealer, the dealer receiving the firearm shall present proof to the dealer delivering the firearm that he or she is licensed pursuant to Section 12071. (B) Whether the dealer is delivering, selling, or transferring the firearm to himself or herself or to another dealer, on the date that the application to purchase is completed, the dealer delivering the firearm shall forward by prepaid mail to the Department of Justice a report of the same and the type of information concerning the purchaser or transferee as is indicated in subdivision (b) of Section 12077. Where the electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit an electronic or telephonic report of the same and the type of information concerning the purchaser or transferee as is indicated in subdivision (b) of Section 12077. (o) Section 12071 and subdivisions (c) and (d) of Section 12072 shall not apply to the delivery, sale, or transfer of firearms regulated pursuant to Section 12020, Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing with Section 12275), if the delivery, sale, or transfer is conducted in accordance with the applicable provisions of Section 12020, Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing with Section 12275). (p) (1) Paragraph (3) of subdivision (a) and subdivision (d) of Section 12072 shall not apply to the loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a minor, with the express permission of the parent or legal guardian of the minor, if the loan does not exceed 30 days in duration and is for a lawful purpose. (2) Paragraph (3) of subdivision (a) and subdivision (d) of Section 12072 and subdivision (b) of Section 12060 shall not apply to the loan of a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by a person who is not the parent or legal guardian of the minor if all of the following circumstances exist: (A) The minor has the written consent of his or her parent or legal guardian that is presented at the time of, or prior to the time of, the loan, or is accompanied by his or her parent or legal guardian at the time the loan is made. (B) 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 a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (C) 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 a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (D) The duration of the loan does not, in any event, exceed 10 days. (3) Paragraph (3) of subdivision (a) and subdivision (d) of Section 12072 shall not apply to the loan of a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by his or her parent or legal guardian if both of the following circumstances exist: (A) 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 a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (B) 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 a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm. (4) Paragraph (3) of subdivision (a) of Section 12072 shall not apply to the transfer or loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by his or her parent or legal guardian. (5) Paragraph (3) of subdivision (a) of Section 12072 shall not apply to the transfer or loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by his or her grandparent who is not the legal guardian of the minor if the transfer is done with the express permission of the parent or legal guardian of the minor. (6) Paragraph (3) of subdivision (a) of Section 12072 and subdivision (b) of Section 12060 shall not apply to the loan of a handgun to an individual aged 18, 19, or 20 years, provided that: (A) The purpose of the loan is to engage in lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, 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 duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the activities specified in subparagraph (A). (C) The duration of the loan does not, in any event, exceed 10 days. (q) Subdivision (d) of Section 12072 shall not apply to the loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a licensed hunter for use by that licensed hunter for a period of time not to exceed the duration of the hunting season for which that firearm is to be used. (r) The waiting period described in Section 12071, 12072, or 12084 shall not apply to the delivery, sale, or transfer of a firearm to the holder of a special weapons permit issued by the Department of Justice issued pursuant to Section 12095, 12230, 12250, or 12305. On the date that the application to purchase is completed, the dealer delivering the firearm or the law enforcement agency processing the transaction pursuant to Section 12084, shall forward by prepaid mail to the Department of Justice a report of the same as described in subdivision (b) or (c) of Section 12077 or Section 12084. If the electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the same as is indicated in subdivision (b) or (c) of Section 12077. (s) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the loan of an unloaded firearm or the loan of a firearm loaded with blank cartridges for use solely as a prop for a motion picture, television, or video production or an entertainment or theatrical event. (t) (1) The waiting period described in Sections 12071, 12072, and 12084 shall not apply to the sale, delivery, loan, or transfer of a firearm that is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, by a dealer or through a law enforcement agency to a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm or the law enforcement agency processing the transaction pursuant to Section 12084, shall forward by prepaid mail to the Department of Justice a report of the transaction pursuant to subdivision (b) of Section 12077 or Section 12084. If the electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (b) or (c) of Section 12077. (2) Subdivision (d) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, which is a curio or relic manufactured at least 50 years prior to the current date, but not including replicas thereof, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations. (u) As used in this section: (1) "Infrequent" has the same meaning as in paragraph (1) of subdivision (c) of Section 12070. (2) "A person taking title or possession of firearms by operation of law" includes, but is not limited to, any of the following instances wherein an individual receives title to, or possession of, firearms: (A) The executor or administrator of an estate if the estate includes firearms. (B) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (C) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (D) A receiver performing his or her functions as a receiver if the receivership estate includes firearms. (E) A trustee in bankruptcy performing his or her duties if the bankruptcy estate includes firearms. (F) An assignee for the benefit of creditors performing his or her functions as an assignee, if the assignment includes firearms. (G) A transmutation of property consisting of firearms pursuant to Section 850 of the Family Code. (H) Firearms passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code. (I) Firearms received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code. (J) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code. (v) Subdivision (b) of Section 12060 shall not apply to the delivery, sale, or transfer of handgun to a licensed firearms dealer. (w) Subdivision (b) of Section 12060 and subdivision (d) of Section 12072 shall not apply to the loan of a handgun provided all of the following are met: (1) The handgun is registered to the owner pursuant to Section 11106. (2) The loan occurs within the registered handgun owner's place of residence, or the handgun owner's private property, except for property that is zoned for commercial, retail, or industrial activity. (3) The individual receiving the handgun is not prohibited from owning or possessing a firearm pursuant to Section 12021 or 12021.2 of this code, or by Section 8100 or 8103 of the Welfare and Institutions Code. (4) The individual receiving the handgun is not under the age of 21 years. SEC. 8. Section 12081 of the Penal Code is amended to read: 12081. A basic firearms safety certificate shall not be required for any of the following transactions: (a) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person to a dealer. (b) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person between or to importers and manufacturers of firearms 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. (c) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person to an active member of the United States Armed Forces, the National Guard, the Air National Guard, and the active reserve components of the United States, who is properly identified. For purposes of this subdivision, proper identification includes the Armed Forces Identification Card, or other written documents certifying that the person is an active member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. (d) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person to any person honorably discharged from the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States who is properly identified. For purposes of this subdivision, proper identification includes a Retired Armed Forces Identification Card, or other written document certifying the person as being honorably discharged. (e) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person to any of the following persons who are properly identified: (1) Any California or federal peace officer who is authorized to carry a firearm while on duty. (2) Any honorably retired peace officer, as defined in Section 830.1, 830.2, or subdivision (c) of Section 830.5. (3) Any honorably retired federal officers or agents who were authorized to, and did, carry firearms in the course and scope of their duties and are authorized to carry firearms pursuant to subdivision (i) of Section 12027. (4) Any persons who have permits to carry pistols, revolvers, or other firearms capable of being concealed upon the person issued pursuant to Article 3 (commencing with Section 12050) of Chapter 1. (5) Any persons who have a certificate of competency or a certificate of completion in hunter safety as provided in Article 2.5 (commencing with Section 3049) of Chapter 1 of Part 1 of Division 4 of the Fish and Game Code, which bears a hunter safety instruction validation stamp affixed thereto. (6) Any person who holds a valid hunting license issued by the State of California. (7) Any person who is authorized to carry loaded firearms pursuant to subdivision (c) or (d) of Section 12031. (8) Any person who has been issued a certificate pursuant to Section 12033. (9) Any basic firearms safety instructor certified by the department pursuant to Section 12805. (10) Persons who are properly identified as authorized participants in shooting matches approved by the Director of Civilian Marksmanship pursuant to the applicable provisions of Title 10 of the United States Code. (11) Persons who have successfully completed the course of training specified in Section 832. (12) Any person who receives an inoperable pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 50081 of the Government Code. (f) The delivery, sale, or transfer of a pistol, revolver, or other firearm capable of being concealed upon the person which is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, to a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto who has a current certificate of eligibility issued to him or her pursuant to Section 12071. (g) This section shall become inoperative on July 1, 2002, and, as of January 1, 2003, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2003, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 9. Section 12810 is added to the Penal Code, to read: 12810. This article shall become inoperative on July 1, 2002, and, as of January 1, 2003, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2003, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 10. The provisions of this act, including all responsibilities assigned to the Department of Justice by this act, including, but not limited to, issuing handgun safety licenses, maintaining a data base of all handgun safety license applicants and recipients, and creating the content and materials for handgun safety license courses, are contingent upon the Legislature appropriating funding for those responsibilities, pursuant to this act, to the Department of Justice in the Budget Act of 2001 for the 2001-02 fiscal year and shall not become operative unless that funding is provided. SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard 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 XIIIB of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.