AB 500, as introduced, Ammiano. Firearms.
(1) Existing law requires the Department of Justice, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. Existing law generally requires firearms transactions to be completed through a licensed firearms dealers. If a dealer cannot legally deliver a firearm, existing law requires the dealer to return the firearm to the transferor, seller, or person loaning the firearm.
This bill would require the department, if the department has not completed the examination of its records within 2 days prior to the conclusion of the 10-day waiting period described above, to notify the dealer of this fact, and would require the dealer to withhold delivery until 7 days have elapsed after the notification is received by the dealer. The bill would also prohibit a dealer from returning a firearm to the person selling, loaning, or transferring the firearm until 7 days have elapsed after the notification is received by the dealer.
(2) Existing law requires a firearm purchaser to present the dealer with clear evidence of the person’s identity and age, and requires the dealer to make a permanent record of the transaction. Existing law requires the dealer to transmit the record of applicant information to the Department of Justice by electronic or telephonic transfer.
Commencing January 1, 2015, this bill would also require a dealer to notify the department that the person in an application to purchase actually took possession of the firearm, as specified.
(3) Under existing law certain persons are prohibited from owning or possessing a firearm, including persons convicted of certain violent offenses, and persons who have been adjudicated as having a mental disorder, among others.
This bill would prohibit a person who is residing with someone who is prohibited by state or federal law from possessing a firearm from keeping a firearm at that residence unless the firearm is either kept within a locked container, locked gun safe, locked trunk, locked with a locking device, disabled by a firearm safety device, or carried on the person. The bill would make a violation of this provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
(4) 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 11106 of the Penal Code, as added by
2Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
4prosecution of civil actions by city attorneys pursuant to paragraph
5(3) of subdivision (c), the arrest and prosecution of criminals, and
6the recovery of lost, stolen, or found property, the Attorney General
7shall keep and properly file a complete record of all copies of
8fingerprints, copies of licenses to carry firearms issued pursuant
P3 1to Section 26150, 26155, 26170, or 26215, information reported
2to the Department of Justice pursuant to Section 26225, dealers’
3records of sales of firearms, reports provided pursuant to Article
41 (commencing with Section 27500) of Chapter 4 of Division 6
5of Title 4 of Part 6, or pursuant to any provision listed in
6subdivision (a) of Section 16585, forms provided pursuant to
7Section 12084, as that section read prior to being repealed, reports
8provided pursuant to Article 1 (commencing with Section 26700)
9and Article 2 (commencing with Section 26800) of Chapter 2 of
10Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
11of firearms, and
12reports of stolen, lost, found, pledged, or pawned property in any
13city or county of this state, and shall, upon proper application
14therefor, furnish this information to the officers referred to in
16(b) (1) The Attorney General shall permanently keep and
17properly file and maintain all information reported to the
18Department of Justice pursuant to the following provisions as to
19firearms and maintain a registry thereof:
20(A) Article 1 (commencing with Section 26700) and Article
21(commencing with Section 26800) of Chapter 2 of Division 6 of
22Title 4 of Part 6.
23(B) Article 1 (commencing with Section 27500) of Chapter 4
24of Division 6 of Title 4 of Part 6.
25(C) Chapter 5 (commencing with Section 28050) of Division 6
26of Title 4 of Part 6.
27(D) Any provision listed in subdivision (a) of Section 16585.
28(E) Former Section 12084.
31 Any other law.
32(2) The registry shall consist of all of the following:
33(A) The name, address, identification of, place of birth (state
34or country), complete telephone number, occupation, sex,
35description, and all legal names and aliases ever used by the owner
36or person being loaned the particular firearm as listed on the
37information provided to the department on the Dealers’ Record of
38Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
39in former Section 12084, or reports made to the department
P4 1pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
3(B) The name and address of, and other information about, any
4person (whether a dealer or a private party) from whom the owner
5acquired or the person being loaned the particular firearm and
6when the firearm was acquired or loaned as listed on the
7information provided to the department on the Dealers’ Record of
8Sale, the LEFT, or reports made to the department pursuant to any
9provision listed in subdivision (a) of Section 16585 or any other
11(C) Any waiting period exemption applicable to the transaction
12which resulted in the owner of or the person being loaned the
13particular firearm acquiring or being loaned that firearm.
14(D) The manufacturer’s name if stamped on the firearm, model
15name or number if stamped on the firearm, and, if applicable, the
16serial number, other number (if more than one serial number is
17stamped on the firearm), caliber, type of firearm, if the firearm is
18new or used, barrel length, and color of the firearm, or, if the
19firearm is not a handgun and does not have a serial number or any
20identification number or mark assigned to it, that shall be noted.
21(3) Information in the registry referred to in this subdivision
22shall, upon proper application therefor, be furnished to the officers
23referred to in Section 11105, to a city attorney prosecuting a civil
24action, solely for use in prosecuting that civil action and not for
25any other purpose, or to the person listed in the registry as the
26owner or person who is listed as being loaned the particular firearm.
27(4) If any person is listed in the registry as the owner of a firearm
28through a Dealers’ Record of Sale prior to 1979, and the person
29listed in the registry requests by letter that the Attorney General
30store and keep the record electronically, as well as in the record’s
31existing photographic, photostatic, or nonerasable optically stored
32form, the Attorney General shall do so within three working days
33of receipt of the request. The Attorney General shall, in writing,
34and as soon as practicable, notify the person requesting electronic
35storage of the record that the request has been honored as required
36by this paragraph.
37(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
38of subdivision (b) of Section 11105 may disseminate the name of
39the subject of the record, the number of the firearms listed in the
40record, and the description of any firearm, including the make,
P5 1model, and caliber, from the record relating to any firearm’s sale,
2transfer, registration, or license record, or any information reported
3to the Department of Justice pursuant to Section 26225, Article 1
4(commencing with Section 26700) and Article 2 (commencing
5with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
66, Article 1 (commencing with Section 27500) of Chapter 4 of
7Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
8Section 28050) of Division 6 of Title 4 of Part 6, Article 2
9(commencing with Section 28150) of Chapter 6 of Division 6 of
10Title 4 of Part 6, Article 5 (commencing with Section 30900) of
11Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
12(commencing with Section 33850) of Division 11 of Title 4 of Part
136, or any provision listed in subdivision (a) of Section 16585, if
14the following conditions are met:
15(A) The subject of the record has been arraigned for a crime in
16which the victim is a person described in subdivisions (a) to (f),
17inclusive, of Section 6211 of the Family Code and is being
18prosecuted or is serving a sentence for the crime, or the subject of
19the record is the subject of an emergency protective order, a
20temporary restraining order, or an order after hearing, which is in
21effect and has been issued by a family court under the Domestic
22Violence Protection Act set forth in Division 10 (commencing
23with Section 6200) of the Family Code.
24(B) The information is disseminated only to the victim of the
25crime or to the person who has obtained the emergency protective
26order, the temporary restraining order, or the order after hearing
27issued by the family court.
28(C) Whenever a law enforcement officer disseminates the
29information authorized by this subdivision, that officer or another
30officer assigned to the case shall immediately provide the victim
31of the crime with a “Victims of Domestic Violence” card, as
32specified in subparagraph (H) of paragraph (9) of subdivision (c)
33of Section 13701.
34(2) The victim or person to whom information is disseminated
35pursuant to this subdivision may disclose it as he or she deems
36necessary to protect himself or herself or another person from
37bodily harm by the person who is the subject of the record.
38(d) This section shall become operative January 1, 2014.end delete
Section 16520 of the Penal Code is amended to read:
(a) As used in this part, “firearm” means a device,
2designed to be used as a weapon, from which is expelled through
3a barrel, a projectile by the force of an explosion or other form of
5(b) As used in the following provisions, “firearm” includes the
6frame or receiver of the weapon:
7(1) Section 16550.
8(2) Section 16730.
9(3) Section 16960.
10(4) Section 16990.
11(5) Section 17070.
12(6) Section 17310.
13(7) Sections 26500 to 26588, inclusive.
14(8) Sections 26600 to 27140, inclusive.
15(9) Sections 27400 to 28000, inclusive.
16(10) Section 28100.
17(11) Sections 28400 to 28415, inclusive.
18(12) Sections 29010 to 29150, inclusive.
19(13) Sections 29610 to 29750, inclusive.
20(14) Sections 29800 to 29905, inclusive.
21(15) Sections 30150 to 30165, inclusive.
22(16) Section 31615.
23(17) Sections 31705 to 31830, inclusive.
24(18) Sections 34355 to 34370, inclusive.
25(19) Sections 8100, 8101, and 8103 of the Welfare and
27(c) As used in the following provisions, “firearm” also includes
28a rocket, rocket propelled projectile launcher, or similar device
29containing an explosive or incendiary material, whether or not the
30device is designed for emergency or distress signaling purposes:
31(1) Section 16750.
32(2) Subdivision (b) of Section 16840.
33(3) Section 25400.
34(4) Sections 25850 to 26025, inclusive.
35(5) Subdivisions (a), (b), and (c) of Section 26030.
36(6) Sections 26035 to 26055, inclusive.
37(d) As used in the following provisions, “firearm” does not
38include an unloaded antique firearm:
39(1) Subdivisions (a) and (c) of Section 16730.
40(2) Section 16550.
P7 1(3) Section 16960.
2(4) Section 17310.
3(5) Chapter 6 (commencing with Section 26350) of Division 5
4of Title 4.
5(6) Chapter 7 (commencing with Section 26400) of Division 5
6of Title 4.
7(7) Sections 26500 to 26588, inclusive.
8(8) Sections 26700 to 26915, inclusive.
9(9) Section 27510.
10(10) Section 27530.
11(11) Section 27540.
12(12) Section 27545.
13(13) Sections 27555 to 27570, inclusive.
14(14) Sections 29010 to 29150, inclusive.
16(e) As used in Sections 34005 and 34010, “firearm” does not
17include a destructive device.
18(f) As used in Sections 17280 and 24680, “firearm” has the
19same meaning as in Section 922 of Title 18 of the United States
21(g) As used in Sections 29010 to 29150, inclusive, “firearm”
22includes the unfinished frame or receiver of a weapon that can be
23readily converted to the functional condition of a finished frame
Section 16540 of the Penal Code is amended to read:
As used in Division 2 (commencing
27with Section 23620) of Title 4, “firearm safety device” means a
28device other than a gun safe that locks and is designed to prevent
29children and unauthorized users from firing a firearm. The device
30may be installed on a firearm, be incorporated into the design of
31the firearm, or prevent access to the firearm.
Section 16850 of the Penal Code is amended to read:
As used in Sections 17740, 23925, 25105, 25205,
34 and 25610, in Article 3 (commencing with Section 25505)
35of Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing
36with Section 26350) of Division 5 of Title 4, and in Chapter 7
37(commencing with Section 26400) of Division 5 of Title 4, “locked
38container” means a secure container that is fully enclosed and
39locked by a padlock, keylock, combination lock, or similar locking
P8 1device. The term “locked container” does not include the utility
2or glove compartment of a motor vehicle.
Section 17060 is added to the Penal Code, to read:
As used in Section 25135, “residence” means any
5structure intended or used for human habitation, including, but not
6limited to, houses, condominiums, rooms, motels, hotels,
7time-shares, and recreational or other vehicles where human
Section 23510 of the Penal Code is amended to read:
For purposes of Sections 25400 and 26500,
11Sections 27500 to 27590, inclusive, Section 28100, Sections 29610
12to 29750, inclusive, Sections 29800 to 29905, inclusive, and
13Section 31615 of this code, and any provision listed in subdivision
14(a) of Section 16585 of this code, and Sections 8100, 8101, and
158103 of the Welfare and Institutions Code, notwithstanding the
16fact that the term “any firearm” may be used in those sections,
17each firearm or the frame or receiver of each firearm constitutes
18a distinct and separate offense under those sections.
Section 25135 is added to the Penal Code, to read:
(a) A person who is 18 years of age or older, and who
25is the owner, lessee, renter, or other legal occupant of a residence,
26who owns a firearm and who knows or has reason to know that
27another person also residing therein is prohibited by state or federal
28law from possessing, receiving, owning, or purchasing a firearm
29shall not keep in that residence any firearm that he or she owns
30unless one of the following applies:
31(1) The firearm is maintained within a locked container.
32(2) The firearm is disabled by a firearm safety device.
33(3) The firearm is maintained within a locked gun safe.
34(4) the firearm is maintained within a locked trunk.
35(5) The firearm is locked with a locking device as described in
36Section 16860, which has rendered the firearm inoperable.
37(6) The firearm is carried on the person or within close enough
38proximity thereto that the individual can readily retrieve and use
39the firearm as if carried on the person.
40(b) A violation of this section is a misdemeanor.
P9 1(c) The prohibition of this section is cumulative, and does not
2restrict the application of any other law. However, an act or
3omission punishable in different ways by different provisions of
4law shall not be punished under more than one provision.
Section 28220 of the Penal Code is amended to read:
(a) Upon submission of firearm purchaser information,
7the Department of Justice shall examine its records, as well as
8those records that it is authorized to request from the State
9Department of State Hospitals pursuant to Section 8104 of the
10Welfare and Institutions Code, in order to determine if the
11purchaser is a person described in subdivision (a) of Section 27535,
12or is prohibited by state or federal law from possessing, receiving,
13owning, or purchasing a firearm.
14(b) To the extent that funding is available, the Department of
15Justice may participate in the National Instant Criminal Background
16Check System (NICS), as described in subsection (t) of Section
17922 of Title 18 of the United States Code, and, if that participation
18is implemented, shall notify the dealer and the chief of the police
19department of the city or city and county in which the sale was
20made, or if the sale was made in a district in which there is no
21municipal police department, the sheriff of the county in which
22the sale was made, that the purchaser is a person prohibited from
23acquiring a firearm under federal law.
24(c) If the department determines that the purchaser is prohibited
25by state or federal law from possessing, receiving, owning, or
26purchasing a firearm or is a person described in subdivision (a) of
27Section 27535, it shall immediately notify the dealer and the chief
28of the police department of the city or city and county in which
29the sale was made, or if the sale was made in a district in which
30there is no municipal police department, the sheriff of the county
31in which the sale was made, of that fact.
32(d) If the department determines that the copies of the
33submitted to it pursuant to subdivision (d) of Section 28210 contain
34any blank spaces or inaccurate, illegible, or incomplete information,
35preventing identification of the purchaser or the handgun or other
36firearm to be purchased, or if any fee required pursuant to Section
3728225 is not submitted by the dealer in conjunction with
38submission of copies of the register, the department may notify
39the dealer of that fact. Upon notification by the department, the
40dealer shall submit corrected copies of the register to the
P10 1department, or shall submit any fee required pursuant to Section
228225, or both, as appropriate and, if notification by the department
3is received by the dealer at any time prior to delivery of the firearm
4to be purchased, the dealer shall withhold delivery until the
5conclusion of the waiting period described in Sections 26815 and
7(e) If the department determines that the information transmitted
8to it pursuant to Section 28215 contains inaccurate or incomplete
9information preventing identification of the purchaser or the
10handgun or other firearm to be purchased, or if the fee required
11pursuant to Section 28225 is not transmitted by the dealer in
12conjunction with transmission of the electronic or telephonic
13record, the department may notify the dealer of that fact. Upon
14notification by the department, the dealer shall transmit corrections
15to the record of electronic or telephonic transfer to the department,
16or shall transmit any fee required pursuant to Section 28225, or
17both, as appropriate, and if notification by the department is
18received by the dealer at any time prior to delivery of the firearm
19to be purchased, the dealer shall withhold delivery until the
20conclusion of the waiting period described in Sections 26815 and
Section 28255 is added to the Penal Code, to read:
Commencing January 1, 2015, if after the conclusion
35of the waiting period described in Sections 26815 and 27540, the
36individual named in the application as the purchaser of the firearm
37takes possession of the firearm set forth in the application to
38purchase, the dealer shall notify the Department of Justice of that
39fact in a manner and within a time period specified by the
P11 1department, and with sufficient information to identify the
2purchaser and the firearm that the purchaser took possession of.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California