BILL NUMBER: SB 1171 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY JULY 15, 2008
AMENDED IN ASSEMBLY JUNE 17, 2008
AMENDED IN SENATE MAY 20, 2008
AMENDED IN SENATE APRIL 28, 2008
AMENDED IN SENATE APRIL 16, 2008
AMENDED IN SENATE MARCH 28, 2008
AMENDED IN SENATE MARCH 11, 2008
INTRODUCED BY Senator Scott
FEBRUARY 7, 2008
An act to amend Sections 12031 and 12070 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1171, Scott. Firearms.
Existing law prohibits a person from carrying a loaded firearm on
his or her person or in a vehicle in a public place or a public
street in an incorporated city, or in a public place or public street
in a prohibited area of an unincorporated territory. Existing law
makes this offense punishable as a misdemeanor or a felony, depending
on underlying circumstances, as specified.
This bill would recast those provisions to prohibit a person from
carrying a loaded firearm on his or her person or in a vehicle while
the person or vehicle is in any public place or on any public street,
public road, or public highway in an incorporated city, to prohibit
a person from carrying a loaded firearm on his or her person in any
public place or public street in a prohibited area of an
unincorporated territory, and to prohibit a person from carrying a
loaded firearm in a vehicle while in any public place or on any
public street, public road, or public highway in any part of an
unincorporated territory. The bill would also make the last
prohibition above, against carrying a loaded firearm in a vehicle
while in any public place, or on any public street, public road, or
public highway in any part of an unincorporated territory, a
misdemeanor, while the other cases described above would be
punishable as a misdemeanor or a felony, depending on the
circumstances. The bill would make related, conforming changes.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
This bill would also delete an inoperative provision requiring the
filing of annual reports by the district attorney of each county and
by the Attorney General containing specified data on persons charged
with carrying a loaded firearm.
Existing law, subject to exceptions, makes it an offense for a
person to sell, lease, or transfer firearms unless the person is
licensed, as specified.
This bill would make technical, nonsubstantive changes to those
provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12031 of the Penal Code is amended to read:
12031. (a) (1) A person is guilty of carrying a loaded firearm
when he or she does any of the following:
(A) Carries a loaded firearm on his or her person or in a vehicle
in any public place or on any public street, public road, or public
highway in an incorporated city.
(B) Carries a loaded firearm on his or her person in any public
place or on any public street in a prohibited area of an
unincorporated territory.
(C) Carries a loaded firearm in a vehicle while in any public
place or on any public street, public road, or public highway in any
part of any unincorporated area.
(2) Carrying a loaded firearm in violation of subparagraph (A) or
(B) of paragraph (1) is punishable, as follows:
(A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(D) Where the person is not in lawful possession of the firearm,
as defined in this section, or is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.
(E) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand
dollars ($1,000), or by both that imprisonment and fine.
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the handgun, by
imprisonment in the state prison, or by imprisonment in a county
jail not to exceed one year, or by a fine not to exceed one thousand
dollars ($1,000), or both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) Carrying a loaded firearm in violation of subparagraph (C) of
paragraph (1) is a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.
(4) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has
the permission of the lawful owner or person who otherwise has
apparent authority to possess or have custody of the firearm. A
person who takes a firearm without the permission of the lawful owner
or without the permission of a person who has lawful custody of the
firearm does not have lawful possession of the firearm.
(5) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a greater
penalty than this section.
(6) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:
(i) When the person arrested has violated this section, although
not in the officer's presence.
(ii) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded handgun in
violation of this section and that person is not listed with the
Department of Justice pursuant to paragraph (1) of subdivision (c) of
Section 11106 as the registered owner of that handgun.
(7) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, or, if
granted probation or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
(B) The court shall apply the three-month minimum sentence except
in unusual cases where the interests of justice would best be served
by granting probation or suspending the imposition or execution of
sentence without the minimum imprisonment required in this
subdivision or by granting probation or suspending the imposition or
execution of sentence with conditions other than those set forth in
this subdivision, in which case, the court shall specify on the
record and shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by that
disposition.
(8) A violation of this section which is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).
Any officer, except an officer listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who retired prior to January 1, 1981, shall have an endorsement
on the identification certificate stating that the issuing agency
approves the officer's carrying of a loaded firearm.
No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that any peace officer listed in subdivision (f) of
Section 830.2 or in subdivision (c) of Section 830.5, who is retired
between January 2, 1981, and on or before December 31, 1988, and who
is authorized to carry a loaded firearm pursuant to this section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
(2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of his or her privilege to
carry a loaded firearm every five years. An honorably retired peace
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall not be required to obtain an endorsement from
the issuing agency to carry a loaded firearm. The agency from which a
peace officer is honorably retired may, upon initial retirement of
the peace officer, or at any time subsequent thereto, deny or revoke
for good cause the retired officer's privilege to carry a loaded
firearm. A peace officer who is listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who is retired prior to January 1, 1981, shall have his or her
privilege to carry a loaded firearm denied or revoked by having the
agency from which the officer retired stamp on the officer's
identification certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually. The
individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of handguns by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. The permit shall be valid
for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a fee
necessary to cover any reasonable expenses incurred by the county.
(c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons, or by persons who are authorized
to carry the weapons pursuant to Section 14502 of the Corporations
Code, while actually engaged in the performance of their duties
pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle under the circumstances described in paragraph (1) of
subdivision (a). Refusal to allow a peace officer to inspect a
firearm pursuant to this section constitutes probable cause for
arrest for violation of this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(i) (1) Nothing in this section shall prevent any person from
carrying a loaded firearm while engaged in hunting, provided that the
hunting at that place and time is not prohibited by the Fish and
Game Code and regulations adopted by the Fish and Game Commission,
and that the loaded firearm is not in a vehicle. For purposes of this
paragraph, "loaded firearm" means, in the case of a shotgun and
rifle, the definition contained in Section 2006 of the Fish and Game
Code, and in the case of a handgun, the definition contained in
Section 12031 of this code.
(2) Nothing in this section shall prevent any person from carrying
a loaded firearm pursuant to Section 317 of the Fish and Game Code.
(3) Nothing in this section shall be construed to preclude
prosecution under any other applicable statute.
(4) Nothing in this section shall prevent any person from
discharging a firearm pursuant to Section 251 of Title 14 of the
California Code of Regulations.
(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used in
this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve a
mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
SEC. 2. 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
handguns, at gun shows or events, as specified in 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 handguns 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 handguns at any single gun show or event. In
no event shall the person sell more than 75 used firearms other than
handguns 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) 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.
(7) 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.
(8) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5, or 12030.
(9) 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.
(10) 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.
(11) 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.
(12) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) The delivery of an unloaded firearm that is a curio or relic,
as defined in Section 478.11 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 handguns, less than six transactions per calendar year.
For this purpose, "transaction" means a single sale, lease, or
transfer of any number of handguns.
(B) For firearms other than handguns, 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.
(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.
(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.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.