California Legislature—2013–14 Regular Session

Assembly BillNo. 538


Introduced by Assembly Member Pan

February 20, 2013


An act to amend Sections 11106, 26384, 26405, 27600, 28000, 28160, 28210, 28215, and 34005 of, and to add Sections 26620, 27620, and 31835 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 538, as introduced, Pan. Firearms.

(1) Existing law generally regulates the transfer of firearms, and requires the Department of Justice to maintain a registry of information on firearms transactions, including identifying information of a person who owns or who is loaned a firearm, as listed on the information provided to the department on the Dealers’ Record of Sale, the Law Enforcement Firearms Transfer, or reports made to the department.

This bill would require the department to update within 5 business days any change in information it maintains regarding firearm ownership.

(2) Existing law, subject to specified exceptions, makes it a crime to openly carry an exposed, unloaded handgun outside a vehicle in specified public places. Existing law exempts from this crime, in part, the open carrying of an unloaded handgun at an auction or similar event for a nonprofit public benefit or mutual benefit corporation, if the handgun is to be auctioned or sold for the nonprofit public benefit or mutual benefit corporation, and the handgun is delivered by a person licensed by existing law.

This bill would make technical, nonsubstantive changes to these provisions.

(3) Existing law, subject to specified exceptions, including use by a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges while the members are using handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range, makes it a crime for a person to carry an unloaded firearm that is not a handgun outside a vehicle while in an incorporated city or city and county.

This bill would clarify that the exception applies to members of a shooting organization while the members are using firearms that are not handguns upon the target ranges and would make additional technical changes.

(4) Existing law prohibits a person from selling, leasing, or transferring a firearm unless the person is issued a license. Existing law provides for specified exemptions to that licensing requirement, including the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer or retiring peace officer, as specified.

This bill would also exempt from the licensing requirement the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, to a licensed firearms dealer, a wholesaler, or a licensed manufacturer or importer of firearms or ammunition, if specified requirements are met.

(5) Existing law imposes various other restrictions on the sale, delivery, or transfer of firearms. Existing law excludes from those provisions the sale, delivery, or transfer of firearms made to an authorized law enforcement representative of a city, county, city and county, or of the state or federal government for exclusive use by that governmental agency, if certain conditions are met. Existing law provides that within 10 days of the date a firearm is acquired by the agency, a record shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS).

This bill would require an agency that subsequently destroys that weapon to enter information that the weapon has been destroyed into the AFS via the CLETS within 10 days of destruction.

(6) Existing law provides that when neither party to a firearms transaction holds a dealer’s license, the parties to the transaction are required to complete the sale, loan, or transfer of that firearm through a firearms dealer, except as specified.

This bill would exclude from those provisions the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to a licensed firearms dealer, a wholesaler, or a licensed manufacturer, or importer of firearms or ammunition.

(7) Existing law requires the register or record of an electronic or telephonic transfer of a firearm to include specified information, including information on certain waiting period exemptions, including a dealer waiting period exemption, and requires the firearms dealer to record on the register or record the date that the firearm is delivered. A violation of those provisions is a misdemeanor.

This bill instead would require the register or record to include any applicable waiting period exemption information. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also require the register or record to include a statement that the Department of Justice shall furnish the purchaser with any information reported to the department relating to the purchaser’s ownership of the firearm, that the purchaser is entitled to file a report of his or her acquisition of the firearm, and of instructions for accessing the department’s Web site for more information. The bill would require the firearms dealer to record his or her signature indicating delivery of the firearm, and would require the purchaser to sign the register or record on the date that the firearm is delivered to the purchaser.

(8) Existing law requires the purchaser of a firearm to present evidence to the dealer of the person’s identity and age, and requires the transaction to be recorded by the dealer in a register or record of telephonic or electronic transfer. Existing law requires a dealer, upon request only, to provide a copy of the register or record of the transaction to the purchaser, and, for a private party transaction, requires the dealer, upon request, to provide the seller or purchaser with a copy of the register or record, as specified.

This bill instead would require the dealer to provide a copy of those documents to the purchaser at the time of delivery of the firearm after the dealer notes the date of delivery and the dealer and purchaser acknowledge the receipt of the firearm. The bill, for private party transactions, would require the dealer to provide a copy of the register or record to the seller at the time that the register or record is signed by the seller.

(9) Existing law prohibits a person from purchasing or receiving a handgun, except an antique firearm, without a valid handgun safety certificate, and further prohibits a person from selling, delivering, loaning, or transferring a handgun to a person who does not possess a valid handgun safety certificate, except as specified.

This bill would exclude the sale, delivery, or transfer of a firearm by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to one of specified persons and entities.

(10) The bill would make conforming changes, and would make a technical, nonsubstantive change to provisions relating to the delivery of a firearm to the California State Military Museum and Resources Center.

(11) 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:

P4    1

SECTION 1.  

Section 11106 of the Penal Code, as added by
2Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
3read:

4

11106.  

(a) In order to assist in the investigation of crime, the
5prosecution of civil actions by city attorneys pursuant to paragraph
6(3) of subdivision (c), the arrest and prosecution of criminals, and
7the recovery of lost, stolen, or found property, the Attorney General
8shall keep and properly file a complete record of all copies of
9fingerprints, copies of licenses to carry firearms issued pursuant
10to Section 26150, 26155, 26170, or 26215, information reported
11to the Department of Justice pursuant to Section 26225, dealers’
12records of sales of firearms, reports provided pursuant to Article
131 (commencing with Section 27500) of Chapter 4 of Division 6
14of Title 4 of Part 6, or pursuant to any provision listed in
15subdivision (a) of Section 16585, forms provided pursuant to
16Section 12084, as that section read prior to being repealed, reports
P5    1provided pursuant to Article 1 (commencing with Section 26700)
2and Article 2 (commencing with Section 26800) of Chapter 2 of
3Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
4of firearms, and reports of stolen, lost, found, pledged, or pawned
5property in any city or county of this state, and shall, upon proper
6application therefor, furnish this information to the officers referred
7to in Section 11105.

8(b) (1) The Attorney General shall permanently keep and
9properly file and maintain all information reported to the
10Department of Justice pursuant to the following provisions as to
11firearms and maintain a registry thereof:

12(A) Article 1 (commencing with Section 26700) and Article 2
13(commencing with Section 26800) of Chapter 2 of Division 6 of
14Title 4 of Part 6.

15(B) Article 1 (commencing with Section 27500) of Chapter 4
16of Division 6 of Title 4 of Part 6.

17(C) Chapter 5 (commencing with Section 28050) of Division 6
18of Title 4 of Part 6.

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

20(E) Former Section 12084.

21(F) Any other law.

22(2) The registry shall consist of all of the following:

23(A) The name, address, identification of, place of birth (state
24or country), complete telephone number, occupation, sex,
25description, and all legal names and aliases ever used by the owner
26or person being loaned the particular firearm as listed on the
27information provided to the department on the Dealers’ Record of
28Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
29in former Section 12084, or reports made to the department
30pursuant to any provision listed in subdivision (a) of Section 16585
31or any other law.

32(B) The name and address of, and other information about, any
33person (whether a dealer or a private party) from whom the owner
34acquired or the person being loaned the particular firearm and
35when the firearm was acquired or loaned as listed on the
36information provided to the department on the Dealers’ Record of
37Sale, the LEFT, or reports made to the department pursuant to any
38provision listed in subdivision (a) of Section 16585 or any other
39law.

P6    1(C) Any waiting period exemption applicable to the transaction
2which resulted in the owner of or the person being loaned the
3particular firearm acquiring or being loaned that firearm.

4(D) The manufacturer’s name if stamped on the firearm, model
5name or number if stamped on the firearm, and, if applicable, the
6serial number, other number (if more than one serial number is
7stamped on the firearm), caliber, type of firearm, if the firearm is
8new or used, barrel length, and color of the firearm, or, if the
9firearm is not a handgun and does not have a serial number or any
10identification number or mark assigned to it, that shall be noted.

11(3) Information in the registry referred to in this subdivision
12shall, upon proper application therefor, be furnished to the officers
13referred to in Section 11105, to a city attorney prosecuting a civil
14action, solely for use in prosecuting that civil action and not for
15any other purpose, or to the person listed in the registry as the
16owner or person who is listed as being loaned the particular firearm.

17(4) If any person is listed in the registry as the owner of a firearm
18through a Dealers’ Record of Sale prior to 1979, and the person
19listed in the registry requests by letter that the Attorney General
20store and keep the record electronically, as well as in the record’s
21existing photographic, photostatic, or nonerasable optically stored
22form, the Attorney General shall do so within three working days
23of receipt of the request. The Attorney General shall, in writing,
24and as soon as practicable, notify the person requesting electronic
25storage of the record that the request has been honored as required
26by this paragraph.

27(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
28of subdivision (b) of Section 11105 may disseminate the name of
29the subject of the record, the number of the firearms listed in the
30record, and the description of any firearm, including the make,
31model, and caliber, from the record relating to any firearm’s sale,
32transfer, registration, or license record, or any information reported
33to the Department of Justice pursuant to Section 26225, Article 1
34(commencing with Section 26700) and Article 2 (commencing
35with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
366, Article 1 (commencing with Section 27500) of Chapter 4 of
37Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
38Section 28050) of Division 6 of Title 4 of Part 6, Article 2
39(commencing with Section 28150) of Chapter 6 of Division 6 of
40Title 4 of Part 6, Article 5 (commencing with Section 30900) of
P7    1Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
2(commencing with Section 33850) of Division 11 of Title 4 of Part
36, or any provision listed in subdivision (a) of Section 16585, if
4the following conditions are met:

5(A) The subject of the record has been arraigned for a crime in
6which the victim is a person described in subdivisions (a) to (f),
7inclusive, of Section 6211 of the Family Code and is being
8prosecuted or is serving a sentence for the crime, or the subject of
9the record is the subject of an emergency protective order, a
10temporary restraining order, or an order after hearing, which is in
11effect and has been issued by a family court under the Domestic
12Violence Protection Act set forth in Division 10 (commencing
13with Section 6200) of the Family Code.

14(B) The information is disseminated only to the victim of the
15crime or to the person who has obtained the emergency protective
16order, the temporary restraining order, or the order after hearing
17issued by the family court.

18(C) Whenever a law enforcement officer disseminates the
19information authorized by this subdivision, that officer or another
20officer assigned to the case shall immediately provide the victim
21of the crime with a “Victims of Domestic Violence” card, as
22specified in subparagraph (H) of paragraph (9) of subdivision (c)
23of Section 13701.

24(2) The victim or person to whom information is disseminated
25pursuant to this subdivision may disclose it as he or she deems
26necessary to protect himself or herself or another person from
27bodily harm by the person who is the subject of the record.

begin delete

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

end delete
begin insert

29(d) The department shall update within five business days any
30change in information the department maintains pursuant to this
31section regarding firearms ownership in order to maintain the
32accuracy of that information.

end insert
33

SEC. 2.  

Section 26384 of the Penal Code is amended to read:

34

26384.  

Paragraph (1) of subdivision (a) of Section 26350 does
35not apply to, or affect, the open carrying of an unloaded handgun
36if all of the following conditions are satisfied:

37(a) The open carrying occurs at an auction or similar event of
38a nonprofit public benefit or mutual benefit corporation, at which
39firearms are auctioned or otherwise sold to fund the activities of
40that corporation or the local chapters of that corporation.

P8    1(b) The unloaded handgun is to be auctioned or otherwise sold
2for that nonprofit public benefit or mutual benefit corporation.

3(c) The unloaded handgun is to be delivered by a person licensed
4pursuant to, and operating in accordance with, Sections 26700 to
5begin delete 26925end deletebegin insert 26915end insert, inclusive.

6

SEC. 3.  

Section 26405 of the Penal Code is amended to read:

7

26405.  

Section 26400 does not apply to, or affect, the carrying
8of an unloaded firearm that is not a handgun in any of the following
9circumstances:

10(a) By a person whenbegin delete doneend deletebegin insert carriedend insert within a place of business,
11a place of residence, or on privatebegin insert realend insert property, if that person, by
12virtue of subdivision (a) of Section 25605, may carry a firearm
13within that place of business, place of residence, or on that private
14begin insert realend insert property owned or lawfullybegin delete possessedend deletebegin insert occupiedend insert by that person.

15(b) By a person whenbegin delete doneend deletebegin insert carriedend insert within a place of business,
16a place of residence, or on privatebegin insert realend insert property, if done with the
17permission of a person who, by virtue of subdivision (a) of Section
1825605, may carry a firearm within that place of business, place of
19residence, or on that privatebegin insert realend insert property owned or lawfully
20begin delete possessedend deletebegin insert occupiedend insert by that person.

21(c) When the firearm is either in a locked container or encased
22and it is being transported directly between places where a person
23is not prohibited from possessing that firearm and the course of
24travel shall include only those deviations between authorized
25locations as are reasonably necessary under the circumstances.

26(d) If the person possessing the firearm reasonably believes that
27he or she is in grave danger because of circumstances forming the
28basis of a current restraining order issued by a court against another
29person or persons who has or have been found to pose a threat to
30his or her life or safety. Thisbegin delete paragraphend deletebegin insert subdivisionend insert may not apply
31when the circumstances involve a mutual restraining order issued
32pursuant to Division 10 (commencing with Section 6200) of the
33Family Code absent a factual finding of a specific threat to the
34person’s life or safety. Upon a trial for violatingbegin delete subdivision (a)end delete
35begin insert Section 26400end insert, the trier of fact shall determine whether the
36defendant was acting out of a reasonable belief that he or she was
37in grave danger.

38(e) By a peace officer or an honorably retired peace officer if
39that officer may carry a concealed firearm pursuant to Article 2
40(commencing with Section 25450) of Chapter 2, or a loaded firearm
P9    1pursuant to Article 3 (commencing with Section 25900) of Chapter
23.

3(f) By a person to the extent that person may openly carry a
4loaded firearm that is not a handgun pursuant to Article 4
5(commencing with Section 26000) of Chapter 3.

6(g) As merchandise by a person who is engaged in the business
7of manufacturing, importing, wholesaling, repairing, or dealing in
8firearms and who is licensed to engage in that business, or the
9authorized representative or authorized agent of that person, while
10engaged in the lawful course of the business.

11(h) By a duly authorized military or civil organization, or the
12members thereof, while parading or while rehearsing or practicing
13parading, when at the meeting place of the organization.

14(i) By a member of a club or organization organized for the
15purpose of practicing shooting at targets upon established target
16ranges, whether public or private, while the members are using
17begin delete handgunsend deletebegin insert firearms that are not handgunsend insert upon the target ranges
18or incident to the use of a firearm that is not a handgun at that
19target range.

20(j) By a licensed hunter while engaged in hunting or while
21transporting that firearm when going to or returning from that
22hunting expedition.

23(k) Incident to transportation of a handgun by a person operating
24a licensed common carrier, or by an authorized agent or employee
25thereof, when transported in conformance with applicable federal
26law.

27(l) By a member of an organization chartered by the Congress
28of the United States or a nonprofit mutual or public benefit
29corporation organized and recognized as a nonprofit tax-exempt
30organization by the Internal Revenue Service while on official
31parade duty or ceremonial occasions of that organization or while
32rehearsing or practicing for official parade duty or ceremonial
33occasions.

34(m) Within a gun show conducted pursuant to Article 1
35(commencing with Section 27200) and Article 2 (commencing
36with Section 27300) of Chapter 3 of Division 6.

37(n) Within a school zone, as defined in Section 626.9, with the
38written permission of the school district superintendent, the
39superintendent’s designee, or equivalent school authority.

40(o) When in accordance with the provisions of Section 171b.

P10   1(p) By a person while engaged in the act of making or attempting
2to make a lawful arrest.

3(q) By a person engaged in firearms-related activities, while on
4the premises of a fixed place of business that is licensed to conduct
5and conducts, as a regular course of its business, activities related
6to the sale, making, repair, transfer, pawn, or the use of firearms,
7or related to firearms training.

8(r) By an authorized participant in, or an authorized employee
9or agent of a supplier of firearms for, a motion picture, televisionbegin insert,end insert
10 or video productionbegin delete,end delete or entertainment event, when the participant
11lawfully uses that firearm as part of that production or event, as
12part of rehearsing or practicing for participation in that production
13or event, or while the participant or authorized employee or agent
14is at that production or event, or rehearsal or practice for that
15production or event.

16(s) Incident to obtaining an identification number or mark
17assigned for that firearm from the Department of Justice pursuant
18to Section 23910.

19(t) At an established public target range while the person is
20using that firearm upon that target range.

21(u) By a person when that person is summoned by a peace
22officer to assist in making arrests or preserving the peace, while
23the person is actually engaged in assisting that officer.

24(v) Incident to any of the following:

25(1) Complying with Section 27560 or 27565, as it pertains to
26that firearm.

27(2) Section 28000, as it pertains to that firearm.

28(3) Section 27850 or 31725, as it pertains to that firearm.

29(4) Complying with Section 27870 or 27875, as it pertains to
30that firearm.

31(5) Complying with Section 27915, 27920, or 27925, as it
32pertains to that firearm.

33(w) Incident to, and in the course and scope of, training of, or
34by an individual to become a sworn peace officer as part of a course
35of study approved by the Commission on Peace Officer Standards
36and Training.

37(x) Incident to, and in the course and scope of, training of, or
38by an individual to become licensed pursuant to Chapter 4
39(commencing with Section 26150) as part of a course of study
P11   1necessary or authorized by the person authorized to issue the
2license pursuant to that chapter.

3(y) Incident to and at the request of a sheriff, chief, or other
4head of a municipal police department.

5(z) If all of the following conditions are satisfied:

6(1) The open carrying occurs at an auction or similar event of
7a nonprofit public benefit or mutual benefit corporation at which
8firearms are auctioned or otherwise sold to fund the activities of
9that corporation or the local chapters of that corporation.

10(2) The unloaded firearm that is not a handgun is to be auctioned
11or otherwise sold for that nonprofit public benefit or mutual benefit
12corporation.

13(3) The unloaded firearm that is not a handgun is to be delivered
14by a person licensed pursuant to, and operating in accordance with,
15Sections 26700 tobegin delete 26925end deletebegin insert 26915end insert, inclusive.

16(aa) Pursuant to paragraph (3) of subdivision (b) of Section
17171c.

18(ab) Pursuant to Section 171d.

19(ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision
20(c) of Section 171.7.

21(ad) On publicly owned land, if the possession and use of
22unloaded firearm that is not a handgun is specifically permitted
23by the managing agency of the land and the person carrying that
24firearm is in lawful possession of that firearm.

25(ae) By any of the following:

26(1) The carrying of an unloaded firearm that is not a handgun
27that is regulated pursuant to Chapter 1 (commencing with Section
2818710) of Division 5 of Title 2 by a person who holds a permit
29issued pursuant to Article 3 (commencing with Section 18900) of
30that chapter, if the carrying of that firearm is conducted in
31accordance with the terms and conditions of the permit.

32(2) The carrying of an unloaded firearm that is not a handgun
33that is regulated pursuant to Chapter 2 (commencing with Section
3430500) of Division 10 by a person who holds a permit issued
35pursuant to Section 31005, if the carrying of that firearm is
36conducted in accordance with the terms and conditions of the
37permit.

38(3) The carrying of an unloaded firearm that is not a handgun
39that is regulated pursuant to Chapter 6 (commencing with Section
4032610) of Division 10 by a person who holds a permit issued
P12   1pursuant to Section 32650, if the carrying of that firearm is
2conducted in accordance with the terms and conditions of the
3permit.

4(4) The carrying of an unloaded firearm that is not a handgun
5that is regulated pursuant to Article 2 (commencing with Section
633300) of Chapter 8 of Division 10 by a person who holds a permit
7issued pursuant to Section 33300, if the carrying of that firearm is
8conducted in accordance with the terms and conditions of the
9permit.

10(af) By a licensed hunter while actually engaged in training a
11dog for the purpose of using the dog in hunting that is not
12prohibited by law, or while transporting the firearm while going
13to or returning from that training.

14(ag) Pursuant to the provisions of subdivision (d) of Section
15171.5.

16(ah) By a person who is engaged in the business of
17manufacturing ammunition and who is licensed to engage in that
18business, or the authorized representative or authorized agent of
19that person, while the firearm is being used in the lawful course
20and scope of the licensee’s activities as a person licensed pursuant
21to Chapter 44 (commencing with Section 921) of Title 18 of the
22United States Code and regulations issued pursuant thereto.

23(ai) On the navigable waters of this state that are held in public
24trust, if the possession and use of an unloaded firearm that is not
25a handgun is not prohibited by the managing agency thereof and
26the person carrying the firearm is in lawful possession of the
27firearm.

28

SEC. 4.  

Section 26620 is added to the Penal Code, to read:

29

26620.  

Section 26500 does not apply to the sale, delivery, or
30transfer of a firearm when made by an authorized law enforcement
31representative of a city, county, city and county, or of the state or
32federal government, if both of the following requirements are met:

33(a) The sale, delivery, or transfer is made to one of the following:

34(1) A person licensed pursuant to Sections 26700 to 26915,
35inclusive.

36(2) A wholesaler.

37(3) A manufacturer or importer of firearms or ammunition
38licensed to engage in that business pursuant to Chapter 44
39(commencing with Section 921) of Title 18 of the United States
40Code and the regulations issued pursuant thereto.

P13   1(b) The sale, delivery, or transfer of the firearm is not subject
2to the procedures set forth in Section 18000, 18005, 34000, or
334005.

4

SEC. 5.  

Section 27600 of the Penal Code is amended to read:

5

27600.  

(a) Article 1 (commencing with Section 27500) does
6not apply to any sale, delivery, or transfer of firearms made to an
7authorized law enforcement representative of any city, county,
8city and county, or state, or of the federal government, for exclusive
9use by that governmental agency if, prior to the sale, delivery, or
10transfer of these firearms, written authorization from the head of
11the agency authorizing the transaction is presented to the person
12from whom the purchase, delivery, or transfer is being made.

13(b) Proper written authorization is defined as verifiable written
14certification from the head of the agency by which the purchaser
15or transferee is employed, identifying the employee as an individual
16authorized to conduct the transaction, and authorizing the
17 transaction for the exclusive use of the agency by which that person
18is employed.

19(c) Within 10 days of the date abegin delete handgun, and commencing
20January 1, 2014, anyend delete
firearmbegin delete,end delete is acquired by the agency, a record
21of the same shall be entered as an institutional weapon into the
22Automated Firearms System (AFS) via the California Law
23Enforcement Telecommunications System (CLETS) by the law
24enforcement or state agency. Any agency without access to AFS
25shall arrange with the sheriff of the county in which the agency is
26located to input this information via this system.

begin insert

27(d) Any agency that is the registered owner of an institutional
28weapon in accordance with subdivision (c) that subsequently
29destroys that weapon shall enter information that the weapon has
30been destroyed into the Automated Firearms System (AFS) via the
31California Law Enforcement Telecommunications System (CLETS)
32within 10 days of the destruction in accordance with procedures
33prescribed by the Department of Justice. Any agency without access
34to the AFS shall arrange with the sheriff of the county in which
35the agency is located to input this information via this system.

end insert
36

SEC. 6.  

Section 27620 is added to the Penal Code, to read:

37

27620.  

Section 27545 does not apply to the sale, delivery, or
38transfer of a firearm when made by an authorized law enforcement
39representative of a city, county, city and county, or of the state or
40federal government, if all of the following conditions are met:

P14   1(a) The sale, delivery, or transfer is made to one of the following:

2(1) A person licensed pursuant to Sections 26700 to 26915,
3inclusive.

4(2) A wholesaler.

5(3) A manufacturer or importer of firearms or ammunition
6licensed to engage in that business pursuant to Chapter 44
7(commencing with Section 921) of Title 18 of the United States
8Code and the regulations issued thereto.

9(b) The sale, delivery, or transfer of the firearm is not subject
10to the procedures set forth in Section 18000, 18005, 34000, or
1134005.

12(c) (1) Except as provided in paragraph (2), if the sale, delivery,
13or transfer is of a handgun, on the date that the handgun is delivered
14pursuant to this subdivision, by the agency, a record of the delivery
15has been entered into the Automated Firearms System (AFS) via
16the California Law Enforcement Telecommunications System
17(CLETS) by the law enforcement or state agency. Those agencies
18without access to AFS shall arrange with the sheriff of the county
19in which the agency is located to input this information via this
20system.

21(2) If the firearm was initially registered with the Department
22of Justice by the agency as an institutional weapon or otherwise,
23on the date that the weapon is delivered pursuant to this section
24by the agency, a record of the delivery has been entered into the
25AFS via the CLETS by the law enforcement or state agency. Those
26agencies without access to AFS shall arrange with the sheriff of
27the county in which the agency is located to input this information
28via this system.

29

SEC. 7.  

Section 28000 of the Penal Code is amended to read:

30

28000.  

A person who is exempt from Section 27545 or is
31otherwise not required by law to report acquisition, ownership,
32begin insert destruction,end insert or disposal ofbegin delete a handgun, and commencing January
331, 2014,end delete
a firearmbegin delete that is not a handgunend delete, or who moves out of this
34state with the person’sbegin delete handgun, and commencing January 1, 2014,
35aend delete
firearmbegin delete that is not a handgunend delete, may report thatbegin insert informationend insert to the
36Department of Justice in a format prescribed by the department.

37

SEC. 8.  

Section 28160 of the Penal Code is amended to read:

38

28160.  

(a) begin deleteUntil January 1, 2014, for handguns, and thereafter
39for end delete
begin insertFor end insertall firearms, the register or record of electronic transfer
40shall include all of the following information:

P15   1(1) The date and time of sale.

2(2) The make of firearm.

3(3) Peace officer exemption status pursuant to the provisions
4listed in subdivision (c) of Section 16585, and the agency name.

begin delete

5(4) Auction or event waiting period exemption pursuant to
6Sections 26955 and 27655.

7(5) Dealer waiting period exemption pursuant to Sections 26960
8and 27660.

9(6) Dangerous weapons permitholder waiting period exemption
10pursuant to Sections 26965 and 27665.

11(7) Curio and relic waiting period exemption pursuant to
12Sections 26970 and 27670.

end delete
begin insert

13(4) Any applicable waiting period exemption information.

end insert
begin delete

14(8)

end delete

15begin insert(5)end insert California Firearms Dealer number issued pursuant to Article
161 (commencing with Section 26700) of Chapter 2.

begin delete

17(9)

end delete

18begin insert(6)end insert For transactions occurring on or after January 1, 2003, the
19purchaser’s handgun safety certificate number issued pursuant to
20Article 2 (commencing with Section 31610) of Chapter 4 of
21Division 10 of this title, or pursuant to former Article 8
22(commencing with Section 12800) of Chapter 6 of Title 2 of Part
234, as that article read at any time from when it became operative
24on January 1, 2003, to when it was repealed by the Deadly
25Weapons Recodification Act of 2010.

begin delete

26(10)

end delete

27begin insert(7)end insert Manufacturer’s name if stamped on the firearm.

begin delete

28(11)

end delete

29begin insert(8)end insert Model name or number, if stamped on the firearm.

begin delete

30(12)

end delete

31begin insert(9)end insert Serial number, if applicable.

begin delete

32(13)

end delete

33begin insert(10)end insert Other number, if more than one serial number is stamped
34on the firearm.

begin delete

35(14)

end delete

36begin insert(11)end insert Any identification number or mark assigned to the firearm
37pursuant to Section 23910.

begin delete

38(15)

end delete

P16   1begin insert(12)end insert If the firearm is not a handgun and does not have a serial
2number, identification number, or mark assigned to it, a notation
3as to that fact.

begin delete

4(16)

end delete

5begin insert(13)end insert Caliber.

begin delete

6(17)

end delete

7begin insert(14)end insert Type of firearm.

begin delete

8(18)

end delete

9begin insert(15)end insert If the firearm is new or used.

begin delete

10(19)

end delete

11begin insert(16)end insert Barrel length.

begin delete

12(20)

end delete

13begin insert(17)end insert Color of the firearm.

begin delete

14(21)

end delete

15begin insert(18)end insert Full name of purchaser.

begin delete

16(22)

end delete

17begin insert(19)end insert Purchaser’s complete date of birth.

begin delete

18(23)

end delete

19begin insert(20)end insert Purchaser’s local address.

begin delete

20(24)

end delete

21begin insert(21)end insert If current address is temporary, complete permanent address
22of purchaser.

begin delete

23(25)

end delete

24begin insert(22)end insert Identification of purchaser.

begin delete

25(26)

end delete

26begin insert(23)end insert Purchaser’s place of birth (state or country).

begin delete

27(27)

end delete

28begin insert(24)end insert Purchaser’s complete telephone number.

begin delete

29(28)

end delete

30begin insert(25)end insert Purchaser’s occupation.

begin delete

31(29)

end delete

32begin insert(26)end insert Purchaser’sbegin delete sexend deletebegin insert genderend insert.

begin delete

33(30)

end delete

34begin insert(27)end insert Purchaser’s physical description.

begin delete

35(31)

end delete

36begin insert(28)end insert All legal names and aliases ever used by the purchaser.

begin delete

37(32)

end delete

38begin insert(29)end insert Yes or no answer to questions that prohibit purchase,
39including, but not limited to, conviction of a felony as described
40in Chapter 2 (commencing with Section 29800) or an offense
P17   1described in Chapter 3 (commencing with Section 29900) of
2Division 9 of this title, the purchaser’s status as a person described
3in Section 8100 of the Welfare and Institutions Code, whether the
4purchaser is a person who has been adjudicated by a court to be a
5danger to others or found not guilty by reason of insanity, and
6whether the purchaser is a person who has been found incompetent
7to stand trial or placed under conservatorship by a court pursuant
8to Section 8103 of the Welfare and Institutions Code.

begin delete

9(33)

end delete

10begin insert(30)end insert Signature of purchaser.

begin delete

11(34)

end delete

12begin insert(31)end insert Signature of salesperson, as a witness to the purchaser’s
13signature.

begin delete

14(35)

end delete

15begin insert(32)end insert Salesperson’s certificate of eligibility number, if the
16salesperson has obtained a certificate of eligibility.

begin delete

17(36)

end delete

18begin insert(33)end insert Name and complete address of the dealer or firm selling
19the firearm as shown on the dealer’s license.

begin delete

20(37)

end delete

21begin insert(34)end insert The establishment number, if assigned.

begin delete

22(38)

end delete

23begin insert(35)end insert The dealer’s complete business telephone number.

begin delete

24(39)

end delete

25begin insert(36)end insert Any information required by Chapter 5 (commencing with
26Section 28050).

begin delete

27(40)

end delete

28begin insert(37)end insert Any information required to determine whether subdivision
29(f) of Section 27540 applies.

begin delete

30(41)

end delete

31begin insert(38)end insert A statement of the penalties for signing a fictitious name
32or address, knowingly furnishing any incorrect information, or
33knowingly omitting any information required to be provided for
34the register.

begin insert

35(39) A statement informing the purchaser, after his or her
36 ownership of a firearm, of all of the following:

end insert
begin insert

37(A) Upon his or her application, the Department of Justice shall
38furnish him or her any information reported to the department as
39it relates to his or her ownership of that firearm.

end insert
begin insert

P18   1(B) The purchaser is entitled to file a report of his or her
2acquisition, disposition, or ownership of a firearm with the
3department pursuant to Section 28000.

end insert
begin insert

4(C) Instructions for accessing the department’s Internet Web
5site for more information.

end insert

6(b) The purchaser shall provide the purchaser’s right thumbprint
7on the register in a manner prescribed by the department. No
8exception to this requirement shall be permitted except by
9regulations adopted by the department.

10(c) The firearms dealer shall record on the register or record of
11electronic transfer the date that the firearm is deliveredbegin insert, together
12with the firearm dealer’s signature indicating delivery of the
13firearmend insert
.

begin insert

14(d) The purchaser shall sign the register or the record of
15electronic or telephonic transfer on the date that the firearm is
16delivered to him or her.

end insert
17

SEC. 9.  

Section 28210 of the Penal Code is amended to read:

18

28210.  

(a) (1) Where the register is used, the purchaser of
19any firearm shall be required to present to the dealer clear evidence
20of the person’s identity and age.

21(2) The dealer shall require the purchaser to sign the purchaser’s
22current legal name and affix the purchaser’s residence address and
23date of birth to the register in quadruplicate.

24(3) The salesperson shall sign the register in quadruplicate, as
25a witness to the signature and identification of the purchaser.

26(b) Any person furnishing a fictitious name or address,
27knowingly furnishing any incorrect information, or knowingly
28omitting any information required to be provided for the register
29shall be punished as provided in Section 28250.

30(c) (1) The original of the register shall be retained by the dealer
31in consecutive order.

32(2) Each book of 50 originals shall become the permanent
33register of transactions, which shall be retained for not less than
34three years from the date of the last transaction.

35(3) Upon presentation of proper identification, the permanent
36register of transactions shall be available for inspection by any
37peace officer, Department of Justice employee designated by the
38Attorney General, or agent of the federal Bureau of Alcohol,
39Tobacco, Firearms and Explosives. Until January 1, 2014, no
P19   1information shall be compiled therefrom regarding the purchasers
2or other transferees of firearms that are not handguns.

3(d) On the date of the application to purchase, two copies of the
4original sheet of the register shall be placed in the mail, postage
5prepaid, and properly addressed to the Department of Justice.

6(e) begin deleteIf requested, a end deletebegin insert(1)end insertbegin insertend insertbegin insertA end insertphotocopy of thebegin delete originalend deletebegin insert registerend insert shall
7be provided to the purchaser by the dealerbegin insert at the time of delivery
8of the firearm and after the dealer notes the date of delivery and
9the purchaser acknowledges the receipt of the firearmend insert
.

begin insert

10(2) The requirements of this subdivision apply if a dealer is
11delivering a firearm pursuant to Section 27540 or Chapter 5
12(commencing with Section 28050).

end insert

13(f) If the transaction is a private party transfer conducted
14pursuant to Chapter 5 (commencing with Section 28050), a
15photocopy of the original shall be provided to the sellerbegin delete or
16purchaserend delete
by the dealerbegin delete, upon requestend deletebegin insert at the time the register is
17signed by the sellerend insert
. The dealer shall redact all of the purchaser’s
18personal information, as required pursuant to subdivision (a) of
19Section 28160 and subdivision (a) of Section 28165, from the
20seller’s copy, and the seller’s personal information from the
21purchaser’s copy.

22

SEC. 10.  

Section 28215 of the Penal Code is amended to read:

23

28215.  

(a) (1) Where the electronic or telephonic transfer of
24applicant information is used, the purchaser shall be required to
25present to the dealer clear evidence of the person’s identity and
26age.

27(2) The dealer shall require the purchaser to sign the purchaser’s
28current legal name to the record of electronic or telephonic transfer.

29(3) The salesperson shall sign the record of electronic or
30telephonic transfer, as a witness to the signature and identification
31of the purchaser.

32(b) Any person furnishing a fictitious name or address,
33knowingly furnishing any incorrect information, or knowingly
34omitting any information required to be provided for the electronic
35or telephonic transfer shall be punished as provided in Section
3628250.

37(c) (1) The original of each record of electronic or telephonic
38transfer shall be retained by the dealer in consecutive order.

P20   1(2) Each original shall become the permanent record of the
2transaction, which shall be retained for not less than three years
3from the date of the last transaction.

4(3) Upon presentation of proper identification, the permanent
5record of the transaction shall be provided for inspection by any
6peace officer, Department of Justice employee designated by the
7Attorney General, or agent of the federal Bureau of Alcohol,
8Tobacco, Firearms and Explosives.begin delete Until January 1, 2014, no
9information shall be compiled therefrom regarding the purchasers
10or other transferees of firearms that are not handguns.end delete

11(d) On the date of the application to purchase, the record of
12applicant information shall be transmitted to the Department of
13Justice by electronic or telephonic transfer.

14(e) begin deleteIf requested, a end deletebegin insert(1)end insertbegin insertend insertbegin insertA end insertcopy of the record of electronic or
15telephonic transfer shall be provided to the purchaser by the dealer
16begin insert at the time of delivery of the firearm and after the dealer notes the
17date of delivery and the purchaser acknowledges the receipt of the
18firearmend insert
.

begin insert

19(2) The requirements of this subdivision apply if a dealer is
20delivering a firearm pursuant to Section 27540 or Chapter 5
21(commencing with Section 28050).

end insert

22(f) If the transaction is a private party transfer conducted
23pursuant to Chapter 5 (commencing with Section 28050), a copy
24shall be provided to the sellerbegin delete or purchaserend delete by the dealerbegin delete, upon
25requestend delete
begin insert at the time the record of electronic or telephonic transfer
26is signed by the sellerend insert
. The dealer shall redact all of the purchaser’s
27personal information, as required pursuant to subdivision (a) of
28Section 28160 and subdivision (a) of Section 28165, from the
29seller’s copy, and the seller’s personal information from the
30purchaser’s copy.

31

SEC. 11.  

Section 31835 is added to the Penal Code, to read:

32

31835.  

Subdivision (a) of Section 31615 does not apply to the
33delivery, sale, or transfer of firearms when made by authorized
34law enforcement representatives for cities, counties, cities and
35counties, or of the state or federal government, if all of the
36following conditions are met:

37(a) The sale, delivery, or transfer is made to one of the persons
38or entities identified in subdivision (a) of Section 26620.

P21   1(b) The sale, delivery, or transfer of the firearm is not subject
2to the procedures set forth in Section 18000, 18005, 34000, or
334005.

4(c) The sale, delivery, or transfer of the firearm follows the
5procedures set forth in subdivision (c) of Section 26620.

6

SEC. 12.  

Section 34005 of the Penal Code is amended to read:

7

34005.  

(a) (1) An officer having custody of any firearm that
8may be useful to the California National Guard, the Coast Guard
9Auxiliary, or to any military or naval agency of the federal or state
10government, including, but not limited to, thebegin delete California National
11Guard military museum and resource centerend delete
begin insert State Military Museum
12and Resource Centerend insert
, may, upon the authority of the legislative
13body of the city, city and county, or county by which the officer
14is employed and the approval of the Adjutant General, deliver the
15firearm to the commanding officer of a unit of the California
16National Guard, the Coast Guard Auxiliary, or any other military
17agency of the state or federal government, in lieu of destruction
18as required by any of the provisions listed in Section 16580.

19(2) The officer delivering a firearm pursuant to this subdivision
20shall take a receipt for it, which contains a complete description
21of the firearm, and shall keep the receipt on file in his or her office
22as a public record.

23(b) Any law enforcement agency that has custody of any
24firearms, or any parts of any firearms, which are subject to
25destruction as required by any of the provisions listed in Section
2616580, may, in lieu of destroying the weapons, retain and use any
27of them as may be useful in carrying out the official duties of the
28agency. Alternatively, upon approval of a court, the agency may
29do either of the following:

30(1) Release the weapons to any other law enforcement agency
31for use in carrying out the official duties of that agency.

32(2) Turn over to the criminalistics laboratory of the Department
33of Justice or the criminalistics laboratory of a police department,
34sheriff’s office, or district attorney’s office, any weapons that may
35be useful in carrying out the official duties of the respective
36agencies.

37(c) (1) Any firearm, or part of any firearm, which, rather than
38being destroyed, is used for official purposes pursuant to this
39section, shall be destroyed by the agency using the weapon when
P22   1it is no longer needed by the agency for use in carrying out its
2official duties.

3(2) Firearms or weaponry donated to thebegin delete California National
4Guard military museum and resource centerend delete
begin insert State Military Museum
5and Resource Centerend insert
may be disposed of pursuant to Section 179
6of the Military and Veterans Code.

7(d) (1) Any law enforcement agency that has custody of any
8firearms, or any parts of any firearms, which are subject to
9destruction as required by any of the provisions listed in Section
1016580, may, in lieu of destroying the firearms, obtain an order
11from the superior court directing the release of the firearms to the
12sheriff.

13(2) The sheriff shall enter those weapons into the Automated
14Firearms System (AFS), via the California Law Enforcement
15Telecommunications System, with a complete description of each
16weapon, including the make, type, category, caliber, and serial
17number of the firearms, and the name of the academy receiving
18the weapon entered into the AFS miscellaneous field.

19(3) The sheriff shall then release the firearms to the basic
20training academy certified by the Commission on Peace Officer
21Standards and Training, so that the firearms may be used for
22instructional purposes in the certified courses. All firearms released
23to an academy shall be under the care, custody, and control of the
24particular academy.

25(4) Any firearm, or part of any firearm, which is not destroyed,
26and is used for the purposes authorized by this section, shall be
27returned to the law enforcement agency that had original custody
28of the firearm when it is no longer needed by the basic training
29academy, or when the basic training academy is no longer certified
30by the commission.

31(5) When those firearms are returned, the law enforcement
32agency to which the firearms are returned, shall on the date of the
33return, enter into the Automated Firearms System (AFS), via the
34California Law Enforcement Telecommunications System, a
35complete description of each weapon, including the make, type,
36category, caliber, and serial number of the firearms, and the name
37of the entity returning the firearm.

38

SEC. 13.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P23   1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



O

    99