BILL NUMBER: SB 404 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Anderson
FEBRUARY 16, 2011
An act to amend Sections 26875, 26880, and 31700 of, and
to add Section 26817 to, Section 31650 of the
Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 404, as amended, Anderson. Firearms: handgun safety
certificates: exemptions. fees charged to
veterans.
Existing law generally prohibits a person from purchasing or
receiving any handgun without a valid handgun safety certificate.
Existing law also generally prohibits a person from selling,
delivering, loaning, or transferring any handgun to any person who
does not have that certificate. Existing law authorizes a certified
instructor to charge a fee of $25 for the certificate, of which $15
is paid to the Department of Justice to cover the costs to the
department in carrying out and enforcing the provisions governing
handgun safety. Existing law requires that all moneys received by the
department be deposited into the Firearms Safety and Enforcement
Special Fund, a continuously appropriated fund.
This bill would provide that a certified instructor shall charge a
fee of not more than $10 to any applicant who has been honorably
discharged from the United States Armed Forces, the National Guard,
or the Air National Guard. The bill would prohibit the department
from charging a fee to a certified instructor for each handgun safety
certificate issued by the instructor to an applicant who has been
honorably discharged from the United States Armed Forces, the
National Guard, or the Air National Guard.
Existing law requires a firearms dealer to post conspicuously
within the licensed premises a detailed list of all charges required
by governmental agencies for processing firearms transactions, as
required by specified provisions of law. Existing law prohibits the
dealer from misstating the amounts of those fees.
This bill would delete from that list a reference to charges
pertaining to handgun safety certificates, as specified.
Existing law, subject to exceptions, generally requires a handgun
purchaser to possess a handgun safety certificate in connection with
the purchase of a handgun. Existing law imposes a variety of
requirements on firearms dealers in connection with the transfer and
delivery of a firearm.
This bill would require a firearms dealer, at the time of delivery
of a handgun to a handgun purchaser who is exempted from possessing
a handgun safety certificate, to provide to the purchaser a copy of
the instruction manual on handgun safety, published by the Department
of Justice.
Existing law exempts certain persons from the requirements of
obtaining a handgun safety certificate, including an active, or
honorably retired member of the United States Armed Forces, the
National Guard, the Air National Guard, and the active reserve
components of the United States, where individuals in those
organizations are properly identified.
This bill would recast those provisions to exempt an active or
honorably discharged member of the United States Armed Forces, the
National Guard, and the Air National Guard, the active reserve
components of the United States, where individuals in those
organizations are properly identified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31650 of the Penal
Code is amended to read:
31650. (a) The (1)
Except as o therwise provided in paragraph (2), the
certified instructor may charge a fee of twenty-five dollars ($25),
fifteen dollars ($15) of which is to be paid to the department
pursuant to subdivision (c).
(2) The certified instructor shall charge a fee of not more than
ten dollars ($10) to any applicant who has been honorably discharged
from the United States Armed Forces, the National Guard, or the Air
National Guard. The amount charged under this paragraph shall not be
paid to the department pursuant to subdivision (c).
(b) (1) An applicant to renew a handgun
safety certificate shall be required to pass the objective test.
The Except as otherwise provided in paragraph
(2), the certified instructor may charge a fee of twenty-five
dollars ($25), fifteen dollars ($15) of which is to be forwarded to
the department pursuant to subdivision (c).
(2) The certified instructor shall charge a fee of not more than
ten dollars ($10) to any applicant to renew a handgun safety
certificate who has been honorably discharged from the United States
Armed Forces, the National Guard, or the Air National Guard. The
amount charged under this paragraph shall not be paid to the
department pursuant to subdivision (c).
(c) The Except as otherwise provided in
this subdivision, the department may charge the certified
instructor up to fifteen dollars ($15) for each handgun safety
certificate issued by that instructor to cover the department's cost
in carrying out and enforcing this article, and enforcing the
provisions listed in subdivision (e), as determined annually by the
department. The department may not charge a fee to a
certified instructor for a handgun safety certificate
issued by the instructor to an applicant who has been honorably
discharged from the United States Armed Forces, the National Guard,
or the Air National Guard.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
SECTION 1. Section 26817 is added to the Penal
Code, to read:
26817. The licensee shall, at the time a firearm is delivered to
the purchaser, provide to every handgun purchaser, who is exempted
from possessing a handgun safety certificate pursuant to Section
31700, a copy of the instruction manual on handgun safety, published
by the Department of Justice pursuant to subdivision (a) of Section
31630.
SEC. 2. Section 26875 of the Penal Code is
amended to read:
26875. A licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(a) All charges required by governmental agencies for processing
firearm transfers required by Chapter 5 (commencing with Section
28050) and Article 3 (commencing with Section 28200) of Chapter 6.
(b) All fees that the licensee charges pursuant to Chapter 5
(commencing with Section 28050).
SEC. 3. Section 26880 of the Penal Code is
amended to read:
26880. A licensee shall not misstate the amount of fees charged
by a governmental agency pursuant to Chapter 5 (commencing with
Section 28050) and Article 3 (commencing with Section 28200) of
Chapter 6.
SEC. 4. Section 31700 of the Penal Code is
amended to read:
31700. (a) The following persons, properly identified, are
exempted from the handgun safety certificate requirement in
subdivision (a) of Section 31615:
(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 Article 6 (commencing
with Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive, Article 6 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(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 by the department pursuant
to Section 26710.
(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 Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably discharged member of the United
States Armed Forces, the National Guard, the Air National Guard, 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 discharged member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6.
(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 (a) of Section 31615:
(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 the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.