Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 500


Introduced by Assembly Member Ammiano

February 20, 2013


An act to amend Sections 11106, 16520, 16540, 16850, 23510, and 28220 of, and to add Sections 17060, 25135, and 28255 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 500, as amended, 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.

begin delete

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.

end delete
begin insert

This bill would require the department immediately notify the dealer to delay the transfer of a firearm to a purchaser if the records of the department, or if specified records available to the department, indicate that the purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation, as specified, or that he or she has been arrested for, or charged with, a crime, as specified, and the department is unable to ascertain whether the purchaser is ineligible to possess, receive, own, or purchase the firearm as a result of the determination of the purchaser’s mental health or the final disposition of the arrest or criminal charge prior to the conclusion of the 10-day waiting period. If the department is unable to ascertain the final disposition of the arrest or criminal charge, or the outcome of the mental health treatment or evaluation, within 30 days of the dealer’s submission of purchaser information, the bill would require the department to notify the firearms dealer, and would authorize the dealer to transfer the firearm to the purchaser.

end insert

(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:

P3    1

SECTION 1.  

Section 11106 of the Penal Code, as added by
2Chapter 745 of the Statutes of 2011, is amended to read:

3

11106.  

(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
9to Section 26150, 26155, 26170, or 26215, information reported
10to the Department of Justice pursuant to Section 26225, dealers’
11records of sales of firearms, reports provided pursuant to Article
121 (commencing with Section 27500) of Chapter 4 of Division 6
13of Title 4 of Part 6, or pursuant to any provision listed in
14subdivision (a) of Section 16585, forms provided pursuant to
15Section 12084, as that section read prior to being repealed, reports
16provided pursuant to Article 1 (commencing with Section 26700)
17and Article 2 (commencing with Section 26800) of Chapter 2 of
18Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
19of firearms, information provided pursuant to Section 28255, and
20reports of stolen, lost, found, pledged, or pawned property in any
21city or county of this state, and shall, upon proper application
22therefor, furnish this information to the officers referred to in
23Section 11105.

24(b) (1) The Attorney General shall permanently keep and
25properly file and maintain all information reported to the
26Department of Justice pursuant to the following provisions as to
27firearms and maintain a registry thereof:

28(A) Article 1 (commencing with Section 26700) and Article 2
29(commencing with Section 26800) of Chapter 2 of Division 6 of
30Title 4 of Part 6.

P4    1(B) Article 1 (commencing with Section 27500) of Chapter 4
2of Division 6 of Title 4 of Part 6.

3(C) Chapter 5 (commencing with Section 28050) of Division 6
4of Title 4 of Part 6.

5(D) Any provision listed in subdivision (a) of Section 16585.

6(E) Former Section 12084.

7(F) Section 28255.

8(G) Any other law.

9(2) The registry shall consist of all of the following:

10(A) The name, address, identification of, place of birth (state
11or country), complete telephone number, occupation, sex,
12description, and all legal names and aliases ever used by the owner
13or person being loaned the particular firearm as listed on the
14information provided to the department on the Dealers’ Record of
15Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
16in former Section 12084, or reports made to the department
17pursuant to any provision listed in subdivision (a) of Section 16585,
18Sectionbegin delete 28255end deletebegin insert 28255,end insert or any other law.

19(B) The name and address of, and other information about, any
20person (whether a dealer or a private party) from whom the owner
21acquired or the person being loaned the particular firearm and
22when the firearm was acquired or loaned as listed on the
23information provided to the department on the Dealers’ Record of
24Sale, the LEFT, or reports made to the department pursuant to any
25provision listed in subdivision (a) of Section 16585 or any other
26law.

27(C) Any waiting period exemption applicable to the transaction
28which resulted in the owner of or the person being loaned the
29particular firearm acquiring or being loaned that firearm.

30(D) The manufacturer’s name if stamped on the firearm, model
31name or number if stamped on the firearm, and, if applicable, the
32serial number, other number (if more than one serial number is
33stamped on the firearm), caliber, type of firearm, if the firearm is
34new or used, barrel length, and color of the firearm, or, if the
35firearm is not a handgun and does not have a serial number or any
36identification number or mark assigned to it, that shall be noted.

37(3) Information in the registry referred to in this subdivision
38shall, upon proper application therefor, be furnished to the officers
39referred to in Section 11105, to a city attorney prosecuting a civil
40action, solely for use in prosecuting that civil action and not for
P5    1any other purpose, or to the person listed in the registry as the
2owner or person who is listed as being loaned the particular firearm.

3(4) If any person is listed in the registry as the owner of a firearm
4through a Dealers’ Record of Sale prior to 1979, and the person
5listed in the registry requests by letter that the Attorney General
6store and keep the record electronically, as well as in the record’s
7existing photographic, photostatic, or nonerasable optically stored
8form, the Attorney General shall do so within three working days
9of receipt of the request. The Attorney General shall, in writing,
10and as soon as practicable, notify the person requesting electronic
11storage of the record that the request has been honored as required
12by this paragraph.

13(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
14of subdivision (b) of Section 11105 may disseminate the name of
15the subject of the record, the number of the firearms listed in the
16record, and the description of any firearm, including the make,
17model, and caliber, from the record relating to any firearm’s sale,
18transfer, registration, or license record, or any information reported
19to the Department of Justice pursuant to Section 26225, Article 1
20(commencing with Section 26700) and Article 2 (commencing
21with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
226, Article 1 (commencing with Section 27500) of Chapter 4 of
23Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
24Section 28050) of Division 6 of Title 4 of Part 6, Article 2
25(commencing with Section 28150) of Chapter 6 of Division 6 of
26Title 4 of Part 6, Article 5 (commencing with Section 30900) of
27Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
28(commencing with Section 33850) of Division 11 of Title 4 of Part
296, or any provision listed in subdivision (a) of Section 16585, if
30the following conditions are met:

31(A) The subject of the record has been arraigned for a crime in
32which the victim is a person described in subdivisions (a) to (f),
33inclusive, of Section 6211 of the Family Code and is being
34prosecuted or is serving a sentence for the crime, or the subject of
35the record is the subject of an emergency protective order, a
36temporary restraining order, or an order after hearing, which is in
37effect and has been issued by a family court under the Domestic
38Violence Protection Act set forth in Division 10 (commencing
39with Section 6200) of the Family Code.

P6    1(B) The information is disseminated only to the victim of the
2crime or to the person who has obtained the emergency protective
3order, the temporary restraining order, or the order after hearing
4issued by the family court.

5(C) Whenever a law enforcement officer disseminates the
6information authorized by this subdivision, that officer or another
7officer assigned to the case shall immediately provide the victim
8of the crime with a “Victims of Domestic Violence” card, as
9specified in subparagraph (H) of paragraph (9) of subdivision (c)
10of Section 13701.

11(2) The victim or person to whom information is disseminated
12pursuant to this subdivision may disclose it as he or she deems
13necessary to protect himself or herself or another person from
14bodily harm by the person who is the subject of the record.

15

SEC. 2.  

Section 16520 of the Penal Code is amended to read:

16

16520.  

(a) As used in this part, “firearm” means a device,
17designed to be used as a weapon, from which is expelled through
18a barrel, a projectile by the force of an explosion or other form of
19combustion.

20(b) As used in the following provisions, “firearm” includes the
21frame or receiver of the weapon:

22(1) Section 16550.

23(2) Section 16730.

24(3) Section 16960.

25(4) Section 16990.

26(5) Section 17070.

27(6) Section 17310.

28(7) Sections 26500 to 26588, inclusive.

29(8) Sections 26600 to 27140, inclusive.

30(9) Sections 27400 to 28000, inclusive.

31(10) Section 28100.

32(11) Sections 28400 to 28415, inclusive.

33(12) Sections 29010 to 29150, inclusive.

34(13) Sections 29610 to 29750, inclusive.

35(14) Sections 29800 to 29905, inclusive.

36(15) Sections 30150 to 30165, inclusive.

37(16) Section 31615.

38(17) Sections 31705 to 31830, inclusive.

39(18) Sections 34355 to 34370, inclusive.

P7    1(19) Sections 8100, 8101, and 8103 of the Welfare and
2Institutions Code.

3(c) As used in the following provisions, “firearm” also includes
4a rocket, rocket propelled projectile launcher, or similar device
5containing an explosive or incendiary material, whether or not the
6device is designed for emergency or distress signaling purposes:

7(1) Section 16750.

8(2) Subdivision (b) of Section 16840.

9(3) Section 25400.

10(4) Sections 25850 to 26025, inclusive.

11(5) Subdivisions (a), (b), and (c) of Section 26030.

12(6) Sections 26035 to 26055, inclusive.

13(d) As used in the following provisions, “firearm” does not
14include an unloaded antique firearm:

15(1) Subdivisions (a) and (c) of Section 16730.

16(2) Section 16550.

17(3) Section 16960.

18(4) Section 17310.

19(5) Chapter 6 (commencing with Section 26350) of Division 5
20of Title 4.

21(6) Chapter 7 (commencing with Section 26400) of Division 5
22of Title 4.

23(7) Sections 26500 to 26588, inclusive.

24(8) Sections 26700 to 26915, inclusive.

25(9) Section 27510.

26(10) Section 27530.

27(11) Section 27540.

28(12) Section 27545.

29(13) Sections 27555 to 27570, inclusive.

30(14) Sections 29010 to 29150, inclusive.

31(15) Section 25135.

32(e) As used in Sections 34005 and 34010, “firearm” does not
33include a destructive device.

34(f) As used in Sections 17280 and 24680, “firearm” has the
35same meaning as in Section 922 of Title 18 of the United States
36Code.

37(g) As used in Sections 29010 to 29150, inclusive, “firearm”
38includes the unfinished frame or receiver of a weapon that can be
39readily converted to the functional condition of a finished frame
40or receiver.

P8    1

SEC. 3.  

Section 16540 of the Penal Code is amended to read:

2

16540.  

As used in Section 25135 and Division 2 (commencing
3with Section 23620) of Title 4, “firearm safety device” means a
4device other than a gun safe that locks and is designed to prevent
5children and unauthorized users from firing a firearm. The device
6may be installed on a firearm, be incorporated into the design of
7the firearm, or prevent access to the firearm.

8

SEC. 4.  

Section 16850 of the Penal Code is amended to read:

9

16850.  

As used in Sections 17740, 23925, 25105, 25205,
1023135, and 25610, in Article 3 (commencing with Section 25505)
11of Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing
12with Section 26350) of Division 5 of Title 4, and in Chapter 7
13(commencing with Section 26400) of Division 5 of Title 4, “locked
14container” means a secure container that is fully enclosed and
15locked by a padlock, keylock, combination lock, or similar locking
16device. The term “locked container” does not include the utility
17or glove compartment of a motor vehicle.

18

SEC. 5.  

Section 17060 is added to the Penal Code, to read:

19

17060.  

As used in Section 25135, “residence” means any
20structure intended or used for human habitation, including, but not
21limited to, houses, condominiums, rooms, motels, hotels,
22time-shares, and recreational or other vehicles where human
23habitation occurs.

24

SEC. 6.  

Section 23510 of the Penal Code is amended to read:

25

23510.  

(a) For purposes of Sections 25400 and 26500, Sections
2627500 to 27590, inclusive, Section 28100, Sections 29610 to
2729750, inclusive, Sections 29800 to 29905, inclusive, and Section
2831615 of this code, and any provision listed in subdivision (a) of
29Section 16585 of this code, and Sections 8100, 8101, and 8103 of
30the Welfare and Institutions Code, notwithstanding the fact that
31the term “any firearm” may be used in those sections, each firearm
32or the frame or receiver of each firearm constitutes a distinct and
33separate offense under those sections.

34(b) For purposes of Section 25135, notwithstanding the fact that
35the term “any firearm” may be used in that section, each firearm
36constitutes a distinct and separate offense under that section.

37

SEC. 7.  

Section 25135 is added to the Penal Code, to read:

38

25135.  

(a) A person who is 18 years of age or older, and who
39is the owner, lessee, renter, or other legal occupant of a residence,
40who owns a firearm and who knows or has reason to know that
P9    1another person also residing therein is prohibited by state or federal
2law from possessing, receiving, owning, or purchasing a firearm
3shall not keep in that residence any firearm that he or she owns
4unless one of the following applies:

5(1) The firearm is maintained within a locked container.

6(2) The firearm is disabled by a firearm safety device.

7(3) The firearm is maintained within a locked gun safe.

8(4) The firearm is maintained within a locked trunk.

9(5) The firearm is locked with a locking device as described in
10Section 16860, which has rendered the firearm inoperable.

11(6) The firearm is carried on the person or within close enough
12proximity thereto that the individual can readily retrieve and use
13the firearm as if carried on the person.

14(b) A violation of this section is a misdemeanor.

15(c) The prohibition of this section is cumulative, and does not
16restrict the application of any other law. However, an act or
17omission punishable in different ways by different provisions of
18law shall not be punished under more than one provision.

19

SEC. 8.  

Section 28220 of the Penal Code is amended to read:

20

28220.  

(a) Upon submission of firearm purchaser information,
21the Department of Justice shall examine its records, as well as
22those records that it is authorized to request from the State
23Department of State Hospitals pursuant to Section 8104 of the
24Welfare and Institutions Code, in order to determine if the
25purchaser is a person described in subdivision (a) of Section 27535,
26or is prohibited by state or federal law from possessing, receiving,
27owning, or purchasing a firearm.

28(b) To the extent that funding is available, the Department of
29Justice may participate in the National Instant Criminal Background
30Check System (NICS), as described in subsection (t) of Section
31922 of Title 18 of the United States Code, and, if that participation
32is implemented, shall notify the dealer and the chief of the police
33department of the city or city and county in which the sale was
34made, or if the sale was made in a district in which there is no
35municipal police department, the sheriff of the county in which
36the sale was made, that the purchaser is a person prohibited from
37acquiring a firearm under federal law.

38(c) If the department determines that the purchaser is prohibited
39by state or federal law from possessing, receiving, owning, or
40purchasing a firearm or is a person described in subdivision (a) of
P10   1Section 27535, it shall immediately notify the dealer and the chief
2of the police department of the city or city and county in which
3the sale was made, or if the sale was made in a district in which
4there is no municipal police department, the sheriff of the county
5in which the sale was made, of that fact.

6(d) If the department determines that the copies of the register
7submitted to it pursuant to subdivision (d) of Section 28210 contain
8any blank spaces or inaccurate, illegible, or incomplete information,
9preventing identification of the purchaser or the handgun or other
10firearm to be purchased, or if any fee required pursuant to Section
1128225 is not submitted by the dealer in conjunction with
12submission of copies of the register, the department may notify
13the dealer of that fact. Upon notification by the department, the
14dealer shall submit corrected copies of the register to the
15department, or shall submit any fee required pursuant to Section
1628225, or both, as appropriate and, if notification by the department
17is received by the dealer at any time prior to delivery of the firearm
18to be purchased, the dealer shall withhold delivery until the
19conclusion of the waiting period described in Sections 26815 and
2027540.

21(e) If the department determines that the information transmitted
22to it pursuant to Section 28215 contains inaccurate or incomplete
23information preventing identification of the purchaser or the
24handgun or other firearm to be purchased, or if the fee required
25pursuant to Section 28225 is not transmitted by the dealer in
26conjunction with transmission of the electronic or telephonic
27record, the department may notify the dealer of that fact. Upon
28notification by the department, the dealer shall transmit corrections
29to the record of electronic or telephonic transfer to the department,
30or shall transmit any fee required pursuant to Section 28225, or
31both, as appropriate, and if notification by the department is
32received by the dealer at any time prior to delivery of the firearm
33to be purchased, the dealer shall withhold delivery until the
34conclusion of the waiting period described in Sections 26815 and
3527540.

begin delete

36(f) (1) If the department has not completed the examination of
37its records pursuant to subdivision (a) within two days prior to the
38conclusion of the waiting period described in Sections 26815 and
3927540, the department shall notify the dealer of this fact and the
P11   1dealer shall withhold delivery until seven days have elapsed after
2this notification is received by the dealer.

3(2) If the dealer is conducting the transaction pursuant to Section
428050, paragraph (1) shall also preclude the return of the firearm
5to the person selling, loaning, or transferring the firearm until seven
6days have elapsed after the notification is received by the dealer.

end delete
begin insert

7(f) (1) (A) The department shall immediately notify the dealer
8to delay the transfer of the firearm to the purchaser if the records
9of the department, or the records available to the department in
10the National Instant Criminal Background Check System, indicate
11either of the following:

end insert
begin insert

12(i) The purchaser has been taken into custody and placed in a
13facility for mental health treatment or evaluation and may be a
14person described in Section 8100 or 8103 of the Welfare and
15Institutions Code and the department is unable to ascertain whether
16the purchaser is a person who is prohibited from possessing,
17receiving, owning, or purchasing a firearm, pursuant to Section
188100 or 8103 of the Welfare and Institutions Code, prior to the
19conclusion of the waiting period described in Sections 26815 and
2027540.

end insert
begin insert

21(ii) The purchaser has been arrested for, or charged with, a
22crime that would make him or her, if convicted, a person described
23in subdivision (a) of Section 27535 or prohibited by state or federal
24law from possessing, receiving, owning, or purchasing a firearm,
25and the department is unable to ascertain whether the purchaser
26was convicted of that offense prior to the conclusion of the waiting
27period described in Sections 26815 and 27540.

end insert
begin insert

28(B) The dealer shall provide the purchaser with information
29about the manner in which he or she may contact the department
30regarding the delay described in subparagraph (A).

end insert
begin insert

31(2) The department shall notify the purchaser by mail regarding
32the delay and explain the process by which the purchaser may
33obtain a copy of the criminal or mental health record the
34department has on file for the purchaser. Upon receipt of that
35criminal or mental health record, the purchaser shall report any
36inaccuracies or incompleteness to the department on an approved
37form.

end insert
begin insert

38(3) If the department ascertains the final disposition of the arrest
39or criminal charge, or the outcome of the mental health treatment
40or evaluation, as described in paragraph (1), after the waiting
P12   1period described in Sections 26815 and 27540, but within 30 days
2of the dealer’s original submission of the purchaser information
3to the department pursuant to this section, the department shall
4do the following:

end insert
begin insert

5(A) If the purchaser is not a person described in subdivision (a)
6of Section 27535, and is not prohibited by state or federal law,
7including, but not limited to, Section 8100 or 8103 of the Welfare
8and Institutions Code, from possessing, receiving, owning, or
9purchasing a firearm, the department shall immediately notify the
10dealer of that fact and the dealer may transfer the firearm to the
11purchaser, upon the dealer’s recording on the register or record
12of electronic transfer the date that the firearm is transferred.

end insert
begin insert

13(B) If the purchaser is a person described in subdivision (a) of
14Section 27535, or is prohibited by state or federal law, including,
15but not limited to, Section 8100 or 8103 of the Welfare and
16Institutions Code, from possessing, receiving, owning, or
17purchasing a firearm, the department shall immediately notify the
18dealer and the chief of the police department in the city or city and
19county in which the sale was made, or if the sale was made in a
20district in which there is no municipal police department, the sheriff
21of the county in which the sale was made, of that fact in compliance
22with subdivision (c) of Section 28220.

end insert
begin insert

23(4) If the department is unable to ascertain the final disposition
24of the arrest or criminal charge, or the outcome of the mental
25health treatment or evaluation, as described in paragraph (1),
26within 30 days of the dealer’s original submission of purchaser
27information to the department pursuant to this section, the
28department shall immediately notify the dealer and the dealer may
29transfer the firearm to the purchaser, upon the dealer’s recording
30on the register or record of electronic transfer the date that the
31firearm is transferred.

end insert
32

SEC. 9.  

Section 28255 is added to the Penal Code, to read:

33

28255.  

Commencing January 1, 2015, if after the conclusion
34of the waiting period described in Sections 26815 and 27540, the
35individual named in the application as the purchaser of the firearm
36takes possession of the firearm set forth in the application to
37purchase, the dealer shall notify the Department of Justice of that
38fact in a manner and within a time period specified by the
39department, and with sufficient information to identify the
40purchaser and the firearm that the purchaser took possession of.

P13   1

SEC. 10.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



O

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