Amended in Senate June 17, 2013

Amended in Assembly May 15, 2013

Amended in Assembly April 11, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 280

Introduced by Assembly Member Alejo

February 11, 2013

An act to amend Section begin delete 44036 end delete begin insert 27590 end insert of begin insert , and to add Section 27561 to, end insert the begin delete Education Code end delete begin insert Penal Code end insert , relating to begin delete school employees end delete begin insert firearms end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 280, as amended, Alejo. begin delete School employees: paid voluntary leave of absence. end delete begin insert Firearms. end insert

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(1) Existing law requires the parties to a firearms transaction to complete the sale, loan, or transfer through a licensed firearms dealer if neither party to a firearms transaction holds a firearms dealer’s license.

end insert begin insert

This bill would prohibit a person, corporation, or dealer from transporting or bringing a firearm into the state for the purpose of selling, transferring, or loaning the firearm with the intent to avoid the above requirement. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not exceeding one year, or in a county jail for 16 months, or 2 or 3 years, or by a fine not to exceed $1,000, or by both that fine and imprisonment. The bill would also make a violation of this prohibition subject to the 10-year prohibition on owning, purchasing, receiving, possessing, or having a firearm. The bill would also make a person who violates this prohibition ineligible for probation, except in an unusual case where the interests of justice would best be served if the person is granted probation. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law prohibits a licensed firearms dealer from selling, supplying, delivering, or giving possession or control of a handgun to any person under 21 years of age, or any other firearm to a person under 18 years of age. Existing law prohibits a licensed firearms dealer from delivering a firearm to a person within 10 days of the application to purchase or if the Department of Justice has notified the dealer that the person is prohibited from possessing a firearm. Existing law prohibits a dealer from delivering a handgun if 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 also requires the firearm to be unloaded and securely wrapped or in a locked container, and requires that the purchaser present clear evidence of identity and age and a handgun safety certificate before delivery.

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This bill would prohibit a firearms dealer from transporting or bringing into the state a firearm for the purpose of selling, transferring, or loaning the firearm with the intent to violate the above provisions. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not exceeding one year, or in a county jail for 16 months, or 2 or 3 years, or by a fine not to exceed $1,000, or by both that fine and imprisonment. The bill would also make a violation of this prohibition subject to the 10-year prohibition on owning, purchasing, receiving, possessing, or having a firearm. The bill would also make a person who violates this prohibition ineligible for probation, except in an unusual case where the interests of justice would best be served if the person is granted probation. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law prohibits a licensed firearms dealer from delivering a firearm to a person within 10 days of the application to purchase or if the Department of Justice has notified the dealer that the person is prohibited from possessing a firearm. Existing law also requires that the purchaser present clear evidence of identity and age and a handgun safety certificate before delivery.

end insert begin insert

This bill would prohibit a person from purchasing or receiving a firearm from a dealer if the person knows or has reasonable cause to believe that the delivery of the firearm by that dealer to that person violates the above provisions. The bill would make a violation of this prohibition a misdemeanor. If the violation involves a handgun, the bill would make a violation of this provision punishable by imprisonment in a county jail not exceeding one year, or in a county jail for 16 months, or 2 or 3 years, or by a fine not to exceed $1,000, or by both that fine and imprisonment. If the violation involves a handgun, the bill would also make a violation of this provision subject to the 10-year prohibition on owning, purchasing, receiving, possessing, or having a firearm. If the violation involves a handgun, the bill would also make a person who violates this provision ineligible for probation, except in an unusual case where the interests of justice would best be served if the person is granted probation. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

(4) Existing law prohibits a licensed firearms dealer from delivering a firearm to a person within 10 days of the application to purchase or if the Department of Justice has notified the dealer that the person is prohibited from possessing a firearm. Existing law prohibits a dealer from delivery a handgun if 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 also requires the firearm to be unloaded and securely wrapped or in a locked container, and that the purchaser present clear evidence of identity and age and a handgun safety certificate before delivery.

end insert begin insert

This bill would require a California resident who seeks to own and possess within the state a firearm acquired from outside of the state to have the firearm delivered to a dealer in the state for delivery pursuant to the above requirements. The bill would make a violation of this provision a misdemeanor. If the violation involves a handgun, the bill would make a violation of this provision punishable by imprisonment in a county jail not exceeding one year, or in a county jail for 16 months, or 2 or 3 years, or by a fine not to exceed $1,000, or by both that fine and imprisonment. If the violation involves a handgun, the bill would also make a violation of this prohibition subject to the 10-year prohibition on owning, purchasing, receiving, possessing, or having a firearm. If the violation involves a handgun, the bill would also make a person who violates this prohibition ineligible for probation, except in an unusual case where the interests of justice would best be served if the person is granted probation. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law authorizes the governing board of a school district to grant a leave of absence with pay to a school employee under specified circumstances, including, among others, if the employee is called for jury duty.

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This bill would prohibit the governing board of a school district from granting a paid voluntary leave of absence to a district superintendent, deputy superintendent, assistant superintendent, or associate superintendent, of schools other than for those specified purposes, unless the paid voluntary leave of absence is approved by the governing board of the school district at a public meeting.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 27561 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 27561. end insert   

(a) A person, corporation, or dealer shall not transport
or bring into this state a firearm for the purpose of selling,
transferring, or loaning the firearm with the intent to avoid the
requirements of Section 27545, or with the intent to avoid the
requirements of any exemption to Section 27545.

(b) A dealer shall not transport or bring into this state a firearm
for the purpose of selling, transferring, or loaning the firearm with
the intent to violate Section 27510 or 27540.

(c) A person shall not purchase or receive a firearm from a
dealer, knowing or having reasonable cause to believe, that the
delivery of that firearm by that dealer to that person violations
subdivision (a), (c), (d), or (e) of Section 27540.

(d) A California resident who seeks to own and possess within
the state a firearm acquired from outside the state shall have that
firearm delivered to a dealer in this state for delivery to that
resident subject to the prohibitions specified in Section 27540.

(e) Subdivision (d) does not apply to or affect any of the
following:

(1) A licensed collector who is subject to and complies with
Section 27565.

(2) A dealer, if the dealer is receiving the firearm in the course
and scope of his or her activities as a dealer.

(3) A wholesaler, if the wholesaler is receiving the firearm in
the course and scope of his or her activities as a wholesaler.

(4) A person licensed as an importer of firearms or ammunition
or licensed as a manufacturer of firearms or ammunition pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto if
the importer or manufacturer is receiving the firearm in the course
and scope of his or her activities as a licensed importer or
manufacturer.

(5) A personal firearm importer who is subject to and complies
with Section 27560.

(6) A licensed collector who is subject to and complies with
Section 27966.

(7) A California resident who acquires ownership of a firearm
by bequest or intestate succession if the acquisition or ownership
of that firearm is exempt from the provisions of Section 27545
pursuant to, and is in compliance with, Section 27875.

(f) The provisions of this section 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 27590 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27590.  

(a) Except as provided in subdivision (b), (c), or (e),
a violation of this article is a misdemeanor.

(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four years.

(1) If the violation is of subdivision (a) of Section 27500.

(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
when it was repealed by Section 18 of Chapter 23 of the Statutes
of 1994, or Section 8101 of the Welfare and Institutions Code.

(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section
32625 or 33410, or of former Section 12560, as that section read
at any time from when it was enacted by Section 4 of Chapter 931
of the Statutes of 1965 to when it was repealed by Section 14 of
Chapter 9 of the Statutes of 1990, or of any provision listed in
Section 16590.

(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of this title, or Section 8100 or
8103 of the Welfare and Institutions Code.

(5) A violation of this article by a person who actively
participates in a “criminal street gang” as defined in Section 186.22.

(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a
minor.

(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170,
or by a fine not to exceed one thousand dollars ($1,000), or by
both that fine and imprisonment.

(1) A violation of Section 27515, 27520, begin delete or end delete subdivision (b) of
Section 27500 begin insert , or subdivision (a) or (b) of Section 27561 end insert .

(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.

(3) A violation of Section 27510 involving the delivery of a
handgun.

(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
27540 involving a handgun.

(5) A violation of Section 27545 begin insert , or subdivision (c) or (d) of
Section 27561 end insert involving a handgun.

(6) A violation of Section 27550.

(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170
for one, two, or three years shall be imposed in addition and
consecutive to the sentence prescribed.

(1) A violation of Section 27510 or subdivision (b) of Section
27500.

(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.

(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).

(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).

(3) A third or subsequent violation of Section 27535 is a
misdemeanor.

(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.

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begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 44036 of the Education Code is amended
to read:

44036.  

(a) The governing board of a school district may grant
a leave of absence to an employee to appear as a witness in court
other than as a litigant, or to respond to an official order from
another governmental jurisdiction for reasons not brought about
through the connivance or misconduct of the employee.

(b) The governing board of a school district may grant a leave
of absence to an employee in a position requiring certification
qualifications, regularly called for jury duty in the manner provided
for by law.

(c) The governing board of a school district may grant a leave
of absence pursuant to subdivision (a) or (b) with pay, up to the
amount of the difference between the employee’s regular earnings
and any amount he or she receives for jury or witness fees.

(d) The governing board of a school district shall not grant a
paid voluntary leave of absence to a district superintendent, deputy
superintendent, assistant superintendent, or associate superintendent
of schools, other than for those purposes specified in subdivision
(a) or (b), unless the paid voluntary leave of absence is approved
by the governing board of the school district at a public meeting.

end delete