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 to
 the   a  chief law enforcement officer
 of 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.