BILL NUMBER: AB 1559 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 15, 2012
INTRODUCED BY Assembly Member Portantino
JANUARY 30, 2012
An act to amend Sections 27966, 28450, and 33300 of, to add
Sections 25617, 26390, 26537, 26595, 27138, 27755, 27823, 27827,
27963, and 31845 to, to repeal Section 27965 of, and to repeal and
add Section 27820 of, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1559, as amended, Portantino. Firearms.
(1) Existing law generally prohibits a person from carrying a
handgun concealed upon his or her person or concealed within any
vehicle under his or her control. Existing law exempts from this
prohibition persons who are licensed and engaged in the business of
manufacturing, importing, wholesaling, repairing, or dealing in
firearms and their authorized agents.
This bill would exempt a person who is engaged in the business of
manufacturing ammunition and who is licensed to engage in that
business, or the authorized representative or authorized agent of
that person, while that handgun is being used in the lawful course
and scope of the licensee's activities as a licensed person.
(2) Existing law also
prohibits a person from selling, leasing, or transferring firearms
unless the person has a valid federal firearms license, has a
regulatory or business license, and has a valid seller's permit,
among other requirements, as specified. This prohibition does not
apply to sales, deliveries, or transfers of firearms between or to
federally licensed manufacturers of firearms.
Existing law prohibits a dealer from delivering a firearm to a
person within 10 days of the application to purchase, and requires
the transferee to present a basic firearms safety certificate to the
dealer. Existing law also prohibits the dealer from delivering the
firearm whenever the dealer is notified by the Department of Justice
that the purchaser has made another application to purchase a handgun
within the preceding 30-day period. Existing law provides that these
prohibitions do not apply to transfers of firearms between or to
federally licensed importers and manufacturers of firearms.
Existing law makes it a misdemeanor to purchase or receive any
handgun, or to sell, deliver, loan, or transfer any handgun, except
an antique firearm, without a valid handgun safety certificate,
except as specified, and generally requires a license to sell, lease,
or transfer a firearm, including a handgun. Existing law provides
that these prohibitions and requirements do not apply to transfers of
firearms between or to federally licensed importers and
manufacturers of firearms.
This bill would additionally exempt persons who are licensed and
engaged in the business of manufacturing ammunition from the
above-mentioned prohibitions and requirements.
(2)
(3) Existing law generally prohibits a person from
openly carrying an unloaded handgun upon his or her person or inside
or on a vehicle in several specified areas, including a public place
or public street in an incorporated city or city and county.
This bill would exempt from this prohibition the open carrying of
an unloaded handgun as merchandise by a person who
is engaged in the business of manufacturing ammunition and who
is licensed to engage in that business, or the authorized
representative or authorized agent of that person, while the handgun
is being used in the lawful course and scope of the licensee's
activities as a licensed person .
(3)
(4) Existing law prohibits a licensed dealer from
transferring a firearm to a person in California who is similarly
licensed unless the person intending to transfer the firearm obtains
a verification number from the Department of Justice via the
Internet. Existing law provides that this requirement does not apply
if the transfer is infrequent, the firearm is not a handgun, and the
firearm is a curio or relic manufactured at least 50 years prior to
the current date, but is not a replica, as defined.
This bill would instead provide that the requirement to obtain a
verification number does not apply to a transfer of a firearm where
the delivery of the firearm is by a person who has a federal firearms
license, has a regulatory or business license, has a valid seller's
permit issued by the State Board of Equalization, and has a
certificate of eligibility issued by the Department of Justice, among
other requirements.
The bill would provide that the verification number requirement
would not apply to the delivery of a firearm to a person licensed
under federal law as a manufacturer of ammunition if the person is
not otherwise licensed as a manufacturer, importer, or dealer of
firearms or a collector pursuant to federal law and the firearm is to
be used in the course and scope of the person's activities as a
federally licensed ammunition manufacturer. The bill would also
provide that the verification number requirement does not apply to
the transfer of a firearm that is not a handgun and which is a curio
or relic if the transfer complies with specified provisions of law,
including that the person receiving the firearm has a current
certificate of eligibility indicating that he or she is not
prohibited by state or federal law from possessing firearms.
(4)
(5) Existing law requires parties to a transaction to
transfer a firearm to complete the transaction through a licensed
firearms dealer if neither party to the transaction holds a dealer's
license. Existing law provides, until January 1, 2014, that the
requirement to complete the transaction through a licensed firearms
dealer does not apply if the transfer is infrequent, the firearm is
not a handgun, and the firearm is a curio or relic manufactured at
least 50 years prior to the current date, but is not a replica.
This bill would instead provide that, until January 1, 2014, the
requirement to complete the transfer through a licensed firearms
dealer does not apply to the transfer of a firearm if the transfer is
infrequent, the firearm is not a handgun, the firearm is a curio or
relic, the person receiving the firearm has a current certificate of
eligibility, and the person receiving the firearm is licensed as a
collector. The bill would provide that the requirement to complete
the transfer through a licensed firearm dealer does not apply to a
transfer of firearms between or to manufacturers of ammunition
licensed under federal law where the firearms are to be used in the
course or scope of the licensee's activities pursuant to the license.
(5)
(6) Existing law requires the Department of Justice to
keep a centralized list of persons who identify themselves as being
licensed under applicable federal law as a dealer, importer, or
manufacturer of firearms whose licensed premises are within this
state and who declare exemption from specified state licensing
requirements.
This bill would additionally require the Department of Justice to
include collectors of firearms, and dealers, importers, or
manufacturers of ammunition on its centralized list who are likewise
federally licensed and likewise claim the exemption from the
specified state licensing requirements.
(6)
(7) Existing law authorizes the Department of Justice
to issue a permit for the manufacture, possession, transportation, or
sale of short-barreled rifles or short-barreled shotguns upon a
showing that good cause, as specified, exists for the issuance of a
permit to the applicant and the Department of Justice finds that the
issuance of the permit does not endanger public safety.
This bill would add the importation of short-barreled rifles or
short-barreled shotguns to the activities for which a permit may be
issued pursuant to the above provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25617 is added to the Penal Code, to read:
25617. Section 25400 does not apply to, or affect, the possession
or transportation of unloaded pistols, revolvers, or other
firearms capable of being concealed upon the person as merchandise by
a person who is engaged in the business of manufacturing ammunition
and who is licensed to engage in that business, or the authorized
representative or authorized agent of that person, while engaged in
the lawful course of business carrying of an unloaded
handgun by a person who is engaged in the business of manufacturing
ammunition and who is licensed to engage in that business, or the
authorized representative or authorized agent of that person, while
that handgun is being used in the lawful course and scope
of the licensee's activities as a person licensed pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto .
SEC. 2. Section 26390 is added to the Penal Code, to read:
26390. Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun as merchandise by a person
who is engaged in the business of manufacturing ammunition and who is
licensed to engage in that business, or the authorized
representative or authorized agent of that person, while engaged in
the lawful course of the business by a person who is
engaged in the business of manufacturing ammunition and who is
licensed to engage in that business, or the authorized representative
or authorized agent of that person, while that handgun is being used
in the lawful course and scope of the licensee's activities as a
person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto .
SEC. 3. Section 26537 is added to the Penal Code, to read:
26537. Section 26500 does not apply to the sale, delivery, or
transfer of firearms that satisfies both of the following conditions:
(a) The sale, delivery, or transfer is made by a manufacturer of
ammunition licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto.
(b) The sale, delivery, or transfer is made to a dealer or
wholesaler.
SEC. 4. Section 26595 is added to the Penal Code, to read:
26595. Section 26500 does not apply to the sale, delivery, or
transfer of firearms between or to manufacturers of ammunition
licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, where those firearms are
to be used in the course and scope of the licensee's activities as a
person licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code and the regulations issued
pursuant thereto.
SEC. 5. Section 27138 is added to the Penal Code, to read:
27138. Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do not apply to the sale, delivery,
or transfer of firearms between or to manufacturers of ammunition
licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
SEC. 6. Section 27755 is added to the Penal Code, to read:
27755. Section 27540 does not apply to the sale, delivery, or
transfer of firearms to manufacturers of ammunition licensed to
engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
SEC. 7. Section 27820 of the Penal Code is repealed.
SEC. 8. Section 27820 is added to the Penal Code, to read:
27820. Section 27555 does not apply to the sale, loan, or
transfer of a firearm where the delivery of that firearm is by a
person licensed pursuant to Sections 26700 to 26915, inclusive, who
delivered that firearm following the procedures set forth in Section
27540 and Sections 26700 to 26915, inclusive, to a person who is
licensed as a collector pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and regulations
issued thereto.
SEC. 9. Section 27823 is added to the Penal Code, to read:
27823. Section 27555 does not apply to the sale, loan, or
transfer of a firearm that is not a handgun which is a curio or relic
if the transfer complies with the provisions of Section 27966.
SEC. 10. Section 27827 is added to the Penal Code, to read:
27827. Section 27555 does not apply to the delivery of a firearm
to a person licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code as a manufacturer of
ammunition if both of the following conditions apply:
(a) The person is not otherwise licensed as a manufacturer,
importer, or dealer of firearms or as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code.
(b) The firearm is to be used in the course and scope of that
person's activities as a licensed ammunition manufacturer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
SEC. 11. Section 27963 is added to the Penal Code, to read:
27963. Section 27545 does not apply to the sale, delivery, or
transfer of firearms between or to manufacturers of ammunition
licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto where those firearms are
to be used in the course and scope of the licensee's activities as a
person licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code and the regulations issued
pursuant thereto.
SEC. 12. Section 27965 of the Penal Code is repealed.
SEC. 13. Section 27966 of the Penal Code is amended to read:
27966. (a) Until January 1, 2014, if all of the following
requirements are satisfied, Section 27545 shall not apply to the
sale, loan, or transfer of a firearm:
(1) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.
(4) The person receiving the firearm has a current certificate of
eligibility issued pursuant to Section 26710.
(5) The person receiving the firearm is licensed as a collector
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued thereto.
(b) Commencing January 1, 2014, if all of the following
requirements are satisfied, Section 27545 shall not apply to the
sale, loan, or transfer of a firearm:
(1) The sale, loan, or transfer is infrequent, as defined in
Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.
(4) The person receiving the firearm has a current certificate of
eligibility issued pursuant to Section 26710.
(5) The person receiving the firearm is licensed as a collector
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued thereto.
(6) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the department.
SEC. 14. Section 28450 of the Penal Code is amended to read:
28450. (a) Commencing January 1, 2008, the Department of Justice
shall keep a centralized list of persons who identify themselves as
being licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code as a dealer, collector,
importer, or manufacturer of firearms or ammunition whose licensed
premises are within this state and who declare to the department an
exemption from the firearms dealer licensing requirements of Section
26500.
(b) The list shall be known as the centralized list of exempted
federal firearms licensees.
(c) To qualify for placement on the centralized list, an applicant
shall do all of the following:
(1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, collector, importer, or manufacturer of
firearms or ammunition .
(2) Possess a current, valid certificate of eligibility pursuant
to Section 26710.
(3) Maintain with the department a signed declaration enumerating
the applicant's statutory exemptions from licensing requirements of
Section 26500.
SEC. 15. Section 31845 is added to the Penal Code, to read:
31845. Subdivision (a) of Section 31615 shall not apply to the
sale, delivery, or transfer of a handgun to a manufacturer of
ammunition licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto where those firearms are
to be used in the course and scope of the licensee's activities as a
person licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code and the regulations issued
pursuant thereto.
SEC. 16. Section 33300 of the Penal Code is amended to read:
33300. (a) Upon a showing that good cause exists for issuance of
a permit to the applicant, and if the Department of Justice finds
that issuance of the permit does not endanger the public safety, the
department may issue a permit for the manufacture, possession,
importation, transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid for a
period of one year, and renewable annually thereafter. No permit
shall be issued to a person who is under 18 years of age.
(b) Good cause, for the purposes of this section, shall be limited
to only the following:
(1) The permit is sought for the manufacture, possession,
importation, or use with blank cartridges, of a short-barreled rifle
or short-barreled shotgun, solely as a prop for a motion picture,
television, or video production or entertainment event.
(2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in Section 33220 by persons who are licensed as dealers or
manufacturers under the provisions of Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, as amended, and
the regulations issued pursuant thereto.