BILL NUMBER: SB 282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 7, 2010
AMENDED IN ASSEMBLY FEBRUARY 23, 2010
AMENDED IN ASSEMBLY JUNE 24, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Wright
FEBRUARY 24, 2009
An act to amend Sections 12061 and 12077 of
Section 12077 of, and to add Section 12062 to, the Penal
Code, relating to deadly weapons transaction records.
LEGISLATIVE COUNSEL'S DIGEST
SB 282, as amended, Wright. Deadly weapons transaction records:
firearms and ammunition.
Existing law provides that commencing February 1, 2011, a vendor
shall not sell or otherwise transfer ownership of any handgun
ammunition without, at the time of delivery, legibly recording
specified information regarding the purchaser or transferee, and
maintaining the record for a period of not less than 5 years, as
specified. Existing law provides that violation of these provisions
is a misdemeanor. Existing law also provides that the records shall
be subject to inspection by any peace officer and certain others, as
specified, for purposes of an investigation where access to those
records is or may be relevant to that investigation, when seeking
information about persons prohibited from owning a firearm or
ammunition, or when engaged in ensuring compliance with laws
pertaining to firearms or ammunition, as specified.
This bill would provide that commencing February 1, 2011, except
for investigatory and enforcement purposes described above, no
ammunition vendor shall provide the required information to any 3rd
party, or use the information for any purpose other than what is
required or authorized by statute or regulation, without the written
consent of the purchaser or transferee. The bill would also provide
that any required ammunition records that are no longer required to
be maintained shall be destroyed in a manner that protects the
privacy of the purchaser or transferee who is the subject of the
record. The bill would provide that violation of these provisions is
a misdemeanor.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
Existing law requires certain information to be collected by
firearms dealers in connection with the transfer of firearms and
submitted to the Department of Justice, as specified.
This bill would provide that no firearms dealer shall provide the
information required by those provisions to any 3rd party, or use the
information for any purpose other than what is required or
authorized by statute or regulation, without the written consent of
the purchaser or transferee. The bill would also provide that
any of these records that are no longer required to be
maintained shall be destroyed in a manner that protects the privacy
of the purchaser or transferee who is the subject of the record.
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.
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 12061 of the Penal Code is
amended to read:
12061. (a) A vendor shall comply with all of the following
conditions, requirements, and prohibitions:
(1) A vendor shall not permit any employee who the vendor knows or
reasonably should know is a person described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code to handle, sell, or deliver handgun ammunition in
the course and scope of his or her employment.
(2) A vendor shall not sell or otherwise transfer ownership of,
offer for sale or otherwise offer to transfer ownership of, or
display for sale or display for transfer of ownership of any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser or transferee without the assistance of the vendor or
employee thereof.
(3) Commencing February 1, 2011, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly recording the following information:
(A) The date of the sale or other transaction.
(B) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(C) The brand, type, and amount of ammunition sold or otherwise
transferred.
(D) The purchaser's or transferee's signature.
(E) The name of the salesperson who processed the sale or other
transaction.
(F) The right thumbprint of the purchaser or transferee on the
above form.
(G) The purchaser's or transferee's full residential address and
telephone number.
(H) The purchaser's or transferee's date of birth.
(4) Commencing February 1, 2011, the records required by this
section shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer. Commencing February 1, 2011, except for the purposes set
forth in paragraph (5), no vendor shall provide the information
specified in paragraph (3) to any third party, or use the information
for any purpose other than what is required or authorized by statute
or regulation, without the written consent of the purchaser or
transferee. Any records required by this section that are no longer
required to be maintained shall be destroyed in a manner that
protects the privacy of the purchaser or transferee who is the
subject of the record.
(5) Commencing February 1, 2011, the records referred to in
paragraph (3) shall be subject to inspection at any time during
normal business hours by any peace officer employed by a sheriff,
city police department, or district attorney as provided in
subdivision (a) of Section 830.1, or employed by the department as
provided in subdivision (b) of Section 830.1, provided the officer is
conducting an investigation where access to those records is or may
be relevant to that investigation, is seeking information about
persons prohibited from owning a firearm or ammunition, or is engaged
in ensuring compliance with the Dangerous Weapons Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or
any other laws pertaining to firearms or ammunition. The records
shall also be subject to inspection at any time during normal
business hours by any other employee of the department, provided that
employee is conducting an investigation where access to those
records is or may be relevant to that investigation, is seeking
information about persons prohibited from owning a firearm or
ammunition, or is engaged in ensuring compliance with the Dangerous
Weapons Control Law (Chapter 1 (commencing with Section 12000) of
Title 2 of Part 4), or any other laws pertaining to firearms or
ammunition.
(6) Commencing February 1, 2011, the vendor shall not knowingly
make a false entry in, fail to make a required entry in, fail to
obtain the required thumbprint, or otherwise fail to maintain in the
required manner records prepared in accordance with paragraph (2). If
the right thumbprint is not available, then the vendor shall have
the purchaser or transferee use his or her left thumb, or any
available finger, and shall so indicate on the form. If the purchaser
or transferee is physically unable to provide a thumbprint or
fingerprint, the vendor shall so indicate on the form.
(7) Commencing February 1, 2011, no vendor shall refuse to permit
a person authorized under paragraph (5) to examine any record
prepared in accordance with this section during any inspection
conducted pursuant to this section, or refuse to permit the use of
any record or information by those persons.
(b) Paragraph (3) of subdivision (a) shall not apply to or affect
sales or other transfers of ownership of handgun ammunition by
handgun ammunition vendors to any of the following, if properly
identified:
(1) A person licensed pursuant to Section 12071.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
(4) A target facility which holds a business or regulatory
license.
(5) Gunsmiths.
(6) Wholesalers.
(7) Manufacturers or importers of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
(8) Sales or other transfers of ownership made to authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer, or sale of
handgun ammunition, 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, transferee, or person
otherwise acquiring ownership 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.
(c) (1) A violation of paragraph (3), (4), (6), or (7) of
subdivision (a) is a misdemeanor.
(2) The provisions of this subdivision 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 different
provisions of law shall not be punished under more than one
provision.
SECTION 1. Section 12062 is added to the
Penal Code , to read:
12062. (a) Commencing February 1, 2011, except for the purposes
set forth in paragraph (5) of subdivision (a) of Section 12061, no
vendor shall provide the information specified in paragraph (3) of
subdivision (a) of Section 12061 to any third party, or use the
information for any purpose other than what is required or authorized
by statute or regulation, without the written consent of the
purchaser or transferee of the handgun ammunition who is the subject
of the record.
(b) Any records generated pursuant to Section 12061 that are no
longer required to be maintained shall be destroyed in a manner that
protects the privacy of the purchaser or transferee who is the
subject of the record.
(c) A violation of this section is a misdemeanor.
SEC. 2. Section 12077 of the Penal Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) No dealer shall provide the information required by this
section to any third party, or use the information for any purpose
other than what is required or authorized by statute or regulation,
without the written consent of the purchaser or transferee.
(h) Any records generated pursuant to this section that are no
longer required to be maintained shall be destroyed in a manner that
protects the privacy of the purchaser or transferee who is the
subject of the record.
(h)
(i) As used in this section, the following definitions
shall control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
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.