BILL NUMBER: AB 1044 CHAPTERED
BILL TEXT
CHAPTER 541
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2003
APPROVED BY GOVERNOR SEPTEMBER 25, 2003
PASSED THE ASSEMBLY SEPTEMBER 2, 2003
PASSED THE SENATE AUGUST 27, 2003
AMENDED IN SENATE MAY 29, 2003
INTRODUCED BY Assembly Member Negrete McLeod
FEBRUARY 20, 2003
An act to amend Sections 11106 and 12051 of the Penal Code,
relating to licenses to carry firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1044, Negrete McLeod. Licenses to carry firearms.
Existing law requires the Attorney General to maintain a registry
of information reported to the Department of Justice regarding
firearms, and including, among other things, copies of applications
for licenses to carry firearms.
This bill would recast those provisions to instead, require the
registry include copies of the licenses to carry firearms. This bill
would make other technical changes.
Existing law specifies requirements and provides a procedure for
obtaining a license to carry a firearm. Existing law also provides
for a committee convened by the Attorney General to develop a
standard application form for these licenses. Existing law
authorizes the Attorney General to adopt and enforce regulations
relative to these licenses.
This bill would recast those provisions relating to the committee
to authorize it to review and revise the license application form.
The bill would also delete the provisions authorizing the Attorney
General to adopt and enforce regulations relative to the licenses,
and would provide instead that the license application forms are
deemed a local agency form exempt from the Administrative Procedures
Act.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section 12071
that are not dealers' records of sales of firearms, and reports of
stolen, lost, found, pledged, or pawned property in any city or
county of this state, and shall, upon proper application therefor,
furnish this information to the officers referred to in Section
11105.
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns, from forms submitted pursuant to Section 12084 for
firearms that are not handguns, or from dealers' records of sales for
firearms that are not handguns. All copies of the forms submitted,
or any information received in electronic form, pursuant to Section
12084 for firearms that are not handguns, or of the dealers' records
of sales for firearms that are not handguns shall be destroyed within
five days of the clearance by the Attorney General, unless the
purchaser or transferor is ineligible to take possession of the
firearm. All copies of the reports filed, or any information
received in electronic form, pursuant to subdivision (a) of Section
12078 for firearms that are not handguns shall be destroyed within
five days of the receipt by the Attorney General, unless retention is
necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to handguns and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in Section 12084, or
reports made to the department pursuant to Section 12078 or any
other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
SEC. 2. Section 12051 of the Penal Code is amended to read:
12051. (a) (1) The standard application form for licenses
described in paragraph (3) shall require information from the
applicant including, but not limited to, the name, occupation,
residence and business address of the applicant, his or her age,
height, weight, color of eyes and hair, and reason for desiring a
license to carry the weapon. Applications for licenses shall be
filed in writing, and signed by the applicant. Any license issued
upon the application shall set forth the licensee's name, occupation,
residence and business address, his or her age, height, weight,
color of eyes and hair, the reason for desiring a license to carry
the weapon, and shall, in addition, contain a description of the
weapon or weapons authorized to be carried, giving the name of the
manufacturer, the serial number, and the caliber. The license issued
to the licensee may be laminated.
(2) Applications for amendments to licenses shall be filed in
writing and signed by the applicant, and shall state what type of
amendment is sought pursuant to subdivision (f) of Section 12050 and
the reason for desiring the amendment.
(3) (A) Applications for amendments to licenses, applications for
licenses, amendments to licenses, and licenses shall be uniform
throughout the state, upon forms to be prescribed by the Attorney
General. The Attorney General shall convene a committee composed of
one representative of the California State Sheriffs' Association, one
representative of the California Police Chiefs' Association, and one
representative of the Department of Justice to review, and as
deemed appropriate, revise the standard application form for
licenses. The committee shall meet for this purpose if two of the
committee's members deem that necessary. The application shall
include a section summarizing the statutory provisions of state law
that result in the automatic denial of a license.
(B) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
(C) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the standard application form
described in subparagraph (A), except to clarify or interpret
information provided by the applicant on the standard application
form.
(D) The standard application form described in subparagraph (A) is
deemed to be a local form expressly exempt from the requirements of
the Administrative Procedures Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(b) Any person who files an application required by subdivision
(a) knowing that statements contained therein are false is guilty of
a misdemeanor.
(c) Any person who knowingly makes a false statement on the
application regarding any of the following shall be guilty of a
felony:
(1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to Section 12050.
(2) A criminal conviction.
(3) A finding of not guilty by reason of insanity.
(4) The use of a controlled substance.
(5) A dishonorable discharge from military service.
(6) A commitment to a mental institution.
(7) A renunciation of United States citizenship.