BILL NUMBER: AB 2152 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Nielsen FEBRUARY 18, 2010 An act to amend Section 12807 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2152, as introduced, Nielsen. Firearms: handgun safety certificates: exceptions. Existing law, subject to exceptions, makes it a misdemeanor to purchase or receive a handgun without a handgun safety certificate, or to sell, deliver, or transfer a handgun to any person who does not have a handgun safety certificate. Existing law excepts various persons from the handgun safety certificate requirements, including active members and honorably retired members of the Armed Forces, as specified. This bill would additionally except honorably discharged members of the United States Armed Forces, the National Guard, the Air National Guard, and the active reserve components of the United States, as specified, from the handgun safety certificate requirements. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12807 of the Penal Code is amended to read: 12807. (a) The following persons, properly identified, are exempted from the handgun safety certificate requirement in subdivision (b) of Section 12801: (1) Any active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Any active or honorably retired federal officer or law enforcement agent. (3) Any reserve peace officer, as defined in Section 832.6. (4) Any person who has successfully completed the course of training specified in Section 832. (5) A firearms dealer licensed pursuant to Section 12071, who is acting in the course and scope of his or her activities as a person licensed pursuant to Section 12071. (6) A federally licensed collector who is acquiring or being loaned a handgun that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued to him or her by the department pursuant to Section 12071. (7) A person to whom a handgun is being returned, where the person receiving the firearm is the owner of the firearm. (8) A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code. (9) Any individual who has a valid concealed weapons permit issued pursuant to Section 12050. (10) An active, or honorably retired member , or honorably discharged member, of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card, or other written documentation certifying that the individual is an active , or honorably retired member , or honorably discharged member . (11) Any person who is authorized to carry loaded firearms pursuant to subdivision (c) or (d) of Section 12031. (12) Persons who are the holders of a special weapons permit issued by the department pursuant to Section 12095, 12230, 12250, or 12305. (b) The following persons who take title or possession of a handgun by operation of law in a representative capacity, until or unless they transfer title ownership of the handgun to themselves in a personal capacity, are exempted from the handgun safety certificate requirement in subdivision (b) of Section 12801: (1) The executor or administrator of an estate. (2) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code. (3) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure. (4) A receiver performing his or her functions as a receiver. (5) A trustee in bankruptcy performing his or her duties. (6) An assignee for the benefit of creditors performing his or her functions as an assignee.