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.