BILL NUMBER: SB 1569	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 24, 2012

   An act to amend Sections 26815 and 27540 of the Penal Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1569, as introduced, Fuller. Firearms: waiting period.
   Existing law prohibits a dealer from delivering a firearm to a
person within 10 days of the application to purchase or submission to
the Department of Justice of the information and fees required to
determine eligibility to own or possess a firearm. Violation of this
provision is a misdemeanor. Existing law requires a dealer to be
licensed to sell firearms, which license is subject to forfeiture if
the dealer delivers a firearm within the 10-day waiting period.
   This bill would, instead, require a 72-hour waiting period for the
above provisions.
   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 26815 of the Penal Code is amended to read:
   26815.  No firearm shall be delivered:
   (a) Within  10 days   72 hours  of the
application to purchase, or, after notice by the department pursuant
to Section 28220, within  10 days   72 hours
 of the submission to the department of any correction to the
application, or within  10 days   72 hours 
of the submission to the department of  any   a
 fee required pursuant to Section 28225, whichever is later.
   (b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
   (d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
processing, owning, purchasing, or receiving a firearm. The dealer
shall make available to the person in the prohibited class a
prohibited notice and transfer form, provided by the department,
stating that the person is prohibited from owning or possessing a
firearm, and that the person may obtain from the department the
reason for the prohibition.
  SEC. 2.  Section 27540 of the Penal Code is amended to read:
   27540.  No dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall deliver a firearm to a person,
as follows:
   (a) Within  10 days   72 hours  of the
application to purchase, or, after notice by the department pursuant
to Section 28220, within  10 days   72 hours
 of the submission to the department of any correction to the
application, or within  10 days   72 hours 
of the submission to the department of  any   a
 fee required pursuant to Section 28225, whichever is later.
   (b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
   (c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
   (d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
   (e) No handgun shall be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate to the dealer.
   (f) No handgun shall be delivered whenever the dealer is notified
by the Department of Justice that  ,  within the preceding
30-day period  ,  the purchaser has made another application
to purchase a handgun and that the previous application to purchase
involved none of the entities specified in subdivision (b) of Section
27535.