Amended in Senate September 3, 2013

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 begin delete dealers end delete begin insert dealer end insert . 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 begin insert to end insert 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, begin delete as specified, or end delete that he or she has been arrested for, or charged with, a crime, begin delete as specified, end delete begin insert or that the purchaser is attempting to purchase more than one firearm within a 30-day period, end insert 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 begin delete health or end delete begin insert health, end insert the final disposition of the arrest or criminal charge begin insert , or whether the purchaser is ineligible to purchase the firearm because he or she is attempting to purchase more than one firearm within a 30-day period, end insert 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, begin delete or end delete the outcome of the mental health treatment or evaluation, begin insert or whether the purchaser is ineligible to purchase the firearm because he or she is attempting to purchase more than one firearm within a 30-day period, end insert 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 begin insert then immediately end insert transfer the firearm to the purchaser. begin insert The bill would also enact similar provisions additionally requiring, among other things, the dealer and the purchaser to sign the register or record of electronic transfer, to take effect if AB 538 is enacted and amends Section 28160 of the Penal Code. 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.

begin insert

(4) The bill would incorporate additional changes to Section 11106 of the Penal Code, made by this bill, AB 539, and SB 53, and additional changes to Section 16520 of the Penal Code made by this bill and SB 299, to take effect if one or more of those bills are chaptered and this bill is chaptered last.

end insert begin delete

(4)

end delete

begin insert (5) end 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.

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 1.  

Section 11106 of the Penal Code, as added by
begin insert Section 2.5 of end insert Chapter 745 of the Statutes of 2011, is amended to
read:

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision begin delete (c), end delete begin insert (b), end insert the arrest and prosecution of criminals,
and the recovery of lost, stolen, or found property, the Attorney
General shall keep and properly file a complete record of all copies
of fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225, dealers’
records of sales of firearms, reports provided pursuant to Article
1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, or pursuant to any provision listed in
subdivision (a) of Section 16585, forms provided pursuant to
Section 12084, as that section read prior to being repealed, reports
provided pursuant to Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
of firearms, information provided pursuant to Section 28255, and
reports of stolen, lost, found, pledged, or pawned property in any
city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

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

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

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

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

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

(E) Former Section 12084.

(F) Section 28255.

(G) Any other law.

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 1.1. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read: end insert

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision begin delete (c), end delete begin insert (b), end insert the arrest and prosecution of criminals,
and the recovery of lost, stolen, or found property, the Attorney
General shall keep and properly file a complete record of all copies
of fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225 begin insert or 29830 end insert ,
dealers’ records of sales of firearms, reports provided pursuant to
Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, or pursuant to any provision listed
in subdivision (a) of Section 16585, forms provided pursuant to
Section 12084, as that section read prior to being repealed, reports
provided pursuant to Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
of firearms, begin insert information provided pursuant to Section 28255, end insert and
reports of stolen, lost, found, pledged, or pawned property in any
city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

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

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

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

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

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

(E) Former Section 12084.

begin insert

(F) Section 28255.

end insert begin delete

(F)

end delete

begin insert ( end insert begin insert G) end insert  Any other law.

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

(d) This section shall become operative January 1, 2014.

end delete

begin insert

begin insert SEC. 1.2. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read: end insert

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision begin delete (c), end delete begin insert (b), end insert the arrest and prosecution of criminals,
and the recovery of lost, stolen, or found property, the Attorney
General shall keep and properly file a complete record of all copies
of fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225, begin insert copies of
ammunition purchaser authorizations pursuant to Section 30370,
ammunition vendor license information pursuant to Article 5
(commencing with Section 30380) of Chapter 1 of Division 10 of
Title 4 of Part 6, information required by Section 30352, end insert dealers’
records of sales of firearms, reports provided pursuant to Article
1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, or pursuant to any provision listed in
subdivision (a) of Section 16585, forms provided pursuant to
Section 12084, as that section read prior to being repealed, reports
provided pursuant to Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
of firearms, begin insert information provided pursuant to Section 28255, end insert and
reports of stolen, lost, found, pledged, or pawned property in any
city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

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

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

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

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

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

(E) Former Section 12084.

begin insert

(F) Section 28255.

end insert begin delete

(F)

end delete

begin insert ( end insert begin insert G) end insert  Any other law.

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

(d) This section shall become operative January 1, 2014.

end delete

begin insert

begin insert SEC. 1.3. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read: end insert

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision begin delete (c), end delete begin insert (b), end insert the arrest and prosecution of criminals,
and the recovery of lost, stolen, or found property, the Attorney
General shall keep and properly file a complete record of all copies
of fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225 begin insert or 29830,
copies of ammunition purchaser authorizations pursuant to Section
30370, ammunition vendor license information pursuant to Article
5 (commencing with Section 30380) of Chapter 1 of Division 10
of Title 4 of Part 6, information required by Section 30352 end insert , dealers’
records of sales of firearms, reports provided pursuant to Article
1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, or pursuant to any provision listed in
subdivision (a) of Section 16585, forms provided pursuant to
Section 12084, as that section read prior to being repealed, reports
provided pursuant to Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
of firearms, begin insert information provided pursuant to Section 28255, end insert and
reports of stolen, lost, found, pledged, or pawned property in any
city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

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

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

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

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

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

(E) Former Section 12084.

begin insert

(F) Section 28255.

end insert begin delete

(F)

end delete

begin insert ( end insert begin insert G) end insert  Any other law.

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

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

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

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

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

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

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

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

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

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

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

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

begin delete

(d) This section shall become operative January 1, 2014.

end delete

SEC. 2.  

Section 16520 of the Penal Code is amended to read:

16520.  

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

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

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

(13) Sections 29610 to 29750, inclusive.

(14) Sections 29800 to 29905, inclusive.

(15) Sections 30150 to 30165, inclusive.

(16) Section 31615.

(17) Sections 31705 to 31830, inclusive.

(18) Sections 34355 to 34370, inclusive.

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

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

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

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

(6) Sections 26035 to 26055, inclusive.

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

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

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

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

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

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26700 to 26915, inclusive.

(9) Section 27510.

(10) Section 27530.

(11) Section 27540.

(12) Section 27545.

(13) Sections 27555 to 27570, inclusive.

(14) Sections 29010 to 29150, inclusive.

(15) Section 25135.

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

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

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

begin insert

begin insert SEC. end insert begin insert 2.5. end insert   

end insert

begin insert Section 16520 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16520.  

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

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

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

begin insert

(7) Sections 25250 to 25275, inclusive.

end insert begin delete

(7)

end delete

begin insert (8) end insert  Sections 26500 to 26588, inclusive.

begin delete

(8)

end delete

begin insert (9) end insert  Sections 26600 to 27140, inclusive.

begin delete

(9)

end delete

begin insert (10) end insert  Sections 27400 to 28000, inclusive.

begin delete

(10)

end delete

begin insert (11) end insert  Section 28100.

begin delete

(11)

end delete

begin insert (12) end insert  Sections 28400 to 28415, inclusive.

begin delete

(12)

end delete

begin insert (13) end insert  Sections 29010 to 29150, inclusive.

begin delete

(13)

end delete

begin insert (14) end insert  Sections 29610 to 29750, inclusive.

begin delete

(14)

end delete

begin insert (15) end insert  Sections 29800 to 29905, inclusive.

begin delete

(15)

end delete

begin insert (16) end insert  Sections 30150 to 30165, inclusive.

begin delete

(16)

end delete

begin insert (17) end insert  Section 31615.

begin delete

(17)

end delete

begin insert (18) end insert  Sections 31705 to 31830, inclusive.

begin delete

(18)

end delete

begin insert (19) end insert  Sections 34355 to 34370, inclusive.

begin delete

(19)

end delete

begin insert (20) end insert  Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

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

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

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

(6) Sections 26035 to 26055, inclusive.

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

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

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

begin insert

(5) Division 4.5 (commencing with Section 25250) of Title 4.

end insert begin delete

(5)

end delete

begin insert (6) end insert  Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

begin delete

(6)

end delete

begin insert (7) end insert  Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

begin delete

(7)

end delete

begin insert (8) end insert  Sections 26500 to 26588, inclusive.

begin delete

(8)

end delete

begin insert (9) end insert  Sections 26700 to 26915, inclusive.

begin delete

(9)

end delete

begin insert (10) end insert  Section 27510.

begin delete

(10)

end delete

begin insert (11) end insert  Section 27530.

begin delete

(11)

end delete

begin insert (12) end insert  Section 27540.

begin delete

(12)

end delete

begin insert (13) end insert  Section 27545.

begin delete

(13)

end delete

begin insert (14) end insert  Sections 27555 to 27570, inclusive.

begin delete

(14)

end delete

begin insert (15) end insert  Sections 29010 to 29150, inclusive.

begin insert

(16) Section 25135.

end insert

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

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

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

SEC. 3.  

Section 16540 of the Penal Code is amended to read:

16540.  

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

SEC. 4.  

Section 16850 of the Penal Code is amended to read:

16850.  

As used in Sections 17740, 23925, 25105, 25205,
begin delete 23135, end delete begin insert 25135, end insert and 25610, in Article 3 (commencing with Section
25505) of Chapter 2 of Division 5 of Title 4, in Chapter 6
(commencing with Section 26350) of Division 5 of Title 4, and in
Chapter 7 (commencing with Section 26400) of Division 5 of Title
4, “locked container” means a secure container that is fully
enclosed and locked by a padlock, keylock, combination lock, or
similar locking device. The term “locked container” does not
include the utility or glove compartment of a motor vehicle.

SEC. 5.  

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

17060.  

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

SEC. 6.  

Section 23510 of the Penal Code is amended to read:

23510.  

(a) For purposes of Sections 25400 and 26500, Sections
27500 to 27590, inclusive, Section 28100, Sections 29610 to
29750, inclusive, Sections 29800 to 29905, inclusive, and Section
31615 of this code, and any provision listed in subdivision (a) of
Section 16585 of this code, and Sections 8100, 8101, and 8103 of
the Welfare and Institutions Code, notwithstanding the fact that
the term “any firearm” may be used in those sections, each firearm
or the frame or receiver of each firearm constitutes a distinct and
separate offense under those sections.

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

SEC. 7.  

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

25135.  

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

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

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

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

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

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

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

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

(c) The begin delete prohibition end delete begin insert provisions end insert of this section begin delete is end delete begin insert are end insert cumulative,
and begin delete does end delete begin insert do end insert not restrict 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.

SEC. 8.  

Section 28220 of the Penal Code is amended to read:

28220.  

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

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

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

(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify
the dealer of that fact. Upon notification by the department, the
dealer shall submit corrected copies of the register to the
department, or shall submit any fee required pursuant to Section
28225, or both, as appropriate and, if notification by the department
is received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the
handgun or other firearm to be purchased, or if the fee required
pursuant to Section 28225 is not transmitted by the dealer in
conjunction with transmission of the electronic or telephonic
record, the department may notify the dealer of that fact. Upon
notification by the department, the dealer shall transmit corrections
to the record of electronic or telephonic transfer to the department,
or shall transmit any fee required pursuant to Section 28225, or
both, as appropriate, and if notification by the department is
received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

(f) (1) (A) The department shall immediately notify the dealer
to delay the transfer of the firearm to the purchaser if the records
of the department, or the records available to the department in
the National Instant Criminal Background Check System, indicate
begin delete either end delete begin insert one end insert of the following:

(i) The purchaser has been taken into custody and placed in a
facility for mental health treatment or evaluation and may be a
person described in Section 8100 or 8103 of the Welfare and
Institutions Code and the department is unable to ascertain whether
the purchaser is a person who is prohibited from possessing,
receiving, owning, or purchasing a firearm, pursuant to Section
8100 or 8103 of the Welfare and Institutions Code, prior to the
conclusion of the waiting period described in Sections 26815 and
27540.

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

begin insert

(iii) The purchaser may be a person described in subdivision
(a) of Section 27535, and the department is unable to ascertain
whether the purchaser, in fact, is a person described in subdivision
(a) of Section 27535, prior to the conclusion of the waiting period
described in Sections 26815 and 27540.

end insert

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

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

(3) If the department ascertains the final disposition of the arrest
or criminal charge, or the outcome of the mental health treatment
or evaluation, begin insert or the purchaser’s eligibility to purchase a firearm, end insert
as described in paragraph (1), after the waiting period described
in Sections 26815 and 27540, but within 30 days of the dealer’s
original submission of the purchaser information to the department
pursuant to this section, the department shall do the following:

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

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

(4) 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, begin insert or the purchaser’s eligibility to purchase
a firearm, end insert as described in paragraph (1), within 30 days of the
dealer’s original submission of purchaser information to the
department pursuant to this section, the department shall
immediately notify the dealer and the dealer may begin insert then immediately end insert
transfer the firearm to the purchaser, upon the dealer’s recording
on the register or record of electronic transfer the date that the
firearm is transferred.

begin insert

begin insert SEC. 8.1. end insert   

end insert

begin insert Section 28220 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

28220.  

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

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

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

(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify
the dealer of that fact. Upon notification by the department, the
dealer shall submit corrected copies of the register to the
department, or shall submit any fee required pursuant to Section
28225, or both, as appropriate and, if notification by the department
is received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the
handgun or other firearm to be purchased, or if the fee required
pursuant to Section 28225 is not transmitted by the dealer in
conjunction with transmission of the electronic or telephonic
record, the department may notify the dealer of that fact. Upon
notification by the department, the dealer shall transmit corrections
to the record of electronic or telephonic transfer to the department,
or shall transmit any fee required pursuant to Section 28225, or
both, as appropriate, and if notification by the department is
received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

begin insert

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

end insert begin insert

(i) The purchaser has been taken into custody and placed in a
facility for mental health treatment or evaluation and may be a
person described in Section 8100 or 8103 of the Welfare and
Institutions Code and the department is unable to ascertain whether
the purchaser is a person who is prohibited from possessing,
receiving, owning, or purchasing a firearm, pursuant to Section
8100 or 8103 of the Welfare and Institutions Code, prior to the
conclusion of the waiting period described in Sections 26815 and
27540.

end insert begin insert

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

end insert begin insert

(iii) The purchaser may be a person described in subdivision
(a) of Section 27535, and the department is unable to ascertain
whether the purchaser, in fact, is a person described in subdivision
(a) of Section 27535, prior to the conclusion of the waiting period
described in Sections 26815 and 27540.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(A) If the purchaser is not a person described in subdivision (a)
of Section 27535, and is not prohibited by state or federal law,
including, but not limited to, Section 8100 or 8103 of the Welfare
and Institutions Code, from possessing, receiving, owning, or
purchasing a firearm, the department shall immediately notify the
dealer of that fact and the dealer may then immediately transfer
the firearm to the purchaser, upon the dealer’s recording on the
register or record of electronic transfer the date that the firearm
is transferred, the dealer signing the register or record of
electronic transfer indicating delivery of the firearm to that
purchaser, and the purchaser signing the register or record of
electronic transfer acknowledging the receipt of the firearm on
the date that the firearm is delivered to him or her.

end insert begin insert

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

end insert begin insert

(4) 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, or the purchaser’s eligibility to
purchase a firearm, as described in paragraph (1), within 30 days
of the dealer’s original submission of purchaser information to
the department pursuant to this section, the department shall
immediately notify the dealer and the dealer may then immediately
transfer the firearm to the purchaser, upon the dealer’s recording
on the register or record of electronic transfer the date that the
firearm is transferred, the dealer signing the register or record of
electronic transfer indicating delivery of the firearm to that
purchaser, and the purchaser signing the register or record of
electronic transfer acknowledging the receipt of the firearm on
the date that the firearm is delivered to him or her.

end insert

SEC. 9.  

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

28255.  

Commencing January 1, begin delete 2015, end delete begin insert 2014, end insert if after the
conclusion of the waiting period described in Sections 26815 and
27540, the individual named in the application as the purchaser of
the firearm takes possession of the firearm set forth in the
application to purchase, the dealer shall notify the Department of
Justice of that fact in a manner and within a time period specified
by the department, and with sufficient information to identify the
purchaser and the firearm that the purchaser took possession of.

begin insert

begin insert SEC. 10. end insert   

end insert begin insert

(a) Section 1.1 of this bill incorporates amendments
to Section 11106 of the Penal Code proposed by both this bill and
Assembly Bill 539. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 11106 of the Penal Code, and (3) SB
53 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after Assembly Bill 539, in which case
Sections 1, 1.2, and 1.3 of this bill shall not become operative.

end insert begin insert

(b) Section 1.2 of this bill incorporates amendments to Section
11106 of the Penal Code proposed by both this bill and Senate
Bill 53. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2014, (2) each bill
amends Section 11106 of the Penal Code, (3) Assembly Bill 539
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after Senate Bill 53 in which case Sections 1,
1.1, and 1.3 of this bill shall not become operative.

end insert begin insert

(c) Section 1.3 of this bill incorporates amendments to Section
11106 of the Penal Code proposed by this bill, Assembly Bill 539,
and Senate Bill 53. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1,
2014, (2) all three bills amend Section 11106 of the Penal Code,
and (3) this bill is enacted after Assembly Bill 539 and Senate Bill
53, in which case Sections 1, 1.1, and 1.2 of this bill shall not
become operative.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 16520 of the Penal Code proposed by both this bill and
Senate Bill 299. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2)
each bill amends Section 16520 of the Penal Code, and (3) this
bill is enacted after Senate Bill 299, in which case Section 2 of this
bill shall not become operative.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

Section 8.1 of this bill shall only become operative
if Assembly Bill 538 of the 2013-2014 Regular Session is enacted
and becomes effective on or before January 1, 2014, and Assembly
Bill 538, as enacted, amends Section 28160 of the Penal Code, in
which case Section 8 of this bill shall not become operative.

end insert

begin delete SEC. 10. end delete
begin insert SEC. 13. end 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.