Amended in Assembly April 17, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 538

Introduced by Assembly Member Pan

February 20, 2013

An act to amend Sections begin delete 11106, end delete 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 amended, Pan. Firearms.

begin delete

(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.

end delete begin delete

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

end delete begin delete

(2)

end delete

begin insert (1) end insert  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.

begin delete

(3)

end delete

begin insert (2) end insert  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.

begin delete

(4)

end delete

begin insert (3) end insert  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.

begin delete

(5)

end delete

begin insert (4) end insert  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.

begin delete

(6)

end delete

begin insert (5) end insert  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.

begin delete

(7)

end delete

begin insert (6) end insert  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 begin insert Internet end insert 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.

begin delete

(8)

end delete

begin insert (7) end insert  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.

begin delete

(9)

end delete

begin insert (8) end insert  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.

begin delete

(10)

end delete

begin insert (9) end insert  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.

begin delete

(11)

end delete

begin insert (10) 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:

begin delete

SECTION 1.  

Section 11106 of the Penal Code, as added by
Section 2.5 of 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 (c), 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, 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) 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
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.

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 26384 of the Penal Code is amended to
read:

26384.  

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

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

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

(c) The unloaded handgun is to be delivered by a person licensed
pursuant to, and operating in accordance with, Sections 26700 to
26915, inclusive.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 26405 of the Penal Code is amended to read:

26405.  

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

(a) By a person when carried within a place of business, a place
of residence, or on private real property, if that person, by virtue
of subdivision (a) of Section 25605, may carry a firearm within
that place of business, place of residence, or on that private real
property owned or lawfully occupied by that person.

(b) By a person when carried within a place of business, a place
of residence, or on private real property, if done with the
permission of a person who, by virtue of subdivision (a) of Section
25605, may carry a firearm within that place of business, place of
residence, or on that private real property owned or lawfully
occupied by that person.

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

(d) If the person possessing the firearm reasonably believes that
he or she is in grave danger because of circumstances forming the
basis of a current restraining order issued by a court against another
person or persons who has or have been found to pose a threat to
his or her life or safety. This subdivision may not apply when the
circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family
Code absent a factual finding of a specific threat to the person’s
life or safety. Upon a trial for violating Section 26400, the trier of
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.

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

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

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

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

(i) By a member of a club or organization organized for the
purpose of practicing shooting at targets upon established target
ranges, whether public or private, while the members are using
firearms that are not handguns upon the target ranges or incident
to the use of a firearm that is not a handgun at that target range.

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

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

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

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

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

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

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

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

(r) By an authorized participant in, or an authorized employee
or agent of a supplier of firearms for, a motion picture, television,
or video production or entertainment event, when the participant
lawfully uses that firearm as part of that production or event, as
part of rehearsing or practicing for participation in that production
or event, or while the participant or authorized employee or agent
is at that production or event, or rehearsal or practice for that
production or event.

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

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

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

(v) Incident to any of the following:

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

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

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

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

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

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

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

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

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

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

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

(3) The unloaded firearm that is not a handgun is to be delivered
by a person licensed pursuant to, and operating in accordance with,
Sections 26700 to 26915, inclusive.

(aa) Pursuant to paragraph (3) of subdivision (b) of Section
171c.

(ab) Pursuant to Section 171d.

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

(ad) On publicly owned land, if the possession and use of begin insert an end insert
unloaded firearm that is not a handgun is specifically permitted
by the managing agency of the land and the person carrying that
firearm is in lawful possession of that firearm.

(ae) By any of the following:

(1) The carrying of an unloaded firearm that is not a handgun
that is regulated pursuant to Chapter 1 (commencing with Section
18710) of Division 5 of Title 2 by a person who holds a permit
issued pursuant to Article 3 (commencing with Section 18900) of
that chapter, if the carrying of that firearm is conducted in
accordance with the terms and conditions of the permit.

(2) The carrying of an unloaded firearm that is not a handgun
that is regulated pursuant to Chapter 2 (commencing with Section
30500) of Division 10 by a person who holds a permit issued
pursuant to Section 31005, if the carrying of that firearm is
conducted in accordance with the terms and conditions of the
permit.

(3) The carrying of an unloaded firearm that is not a handgun
that is regulated pursuant to Chapter 6 (commencing with Section
32610) of Division 10 by a person who holds a permit issued
pursuant to Section 32650, if the carrying of that firearm is
conducted in accordance with the terms and conditions of the
permit.

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

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

(ag) Pursuant to the provisions of subdivision (d) of Section
171.5.

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

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

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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

26620.  

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

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

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

(2) A wholesaler.

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

(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or
34005.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 27600 of the Penal Code is amended to read:

27600.  

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

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

(c) Within 10 days of the date a firearm is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System
(CLETS) by the law enforcement or state agency. Any agency
without access to begin insert the end insert AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.

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

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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

27620.  

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

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

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

(2) A wholesaler.

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

(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or
34005.

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

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

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 28000 of the Penal Code is amended to read:

28000.  

A person who is exempt from Section 27545 or is
otherwise not required by law to report acquisition, ownership,
destruction, or disposal of a firearm, or who moves out of this state
with the person’s firearm, may report that information to the
Department of Justice in a format prescribed by the department.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 28160 of the Penal Code is amended to read:

28160.  

(a) For all firearms, the register or record of electronic
transfer shall include all of the following information:

(1) The date and time of sale.

(2) The make of firearm.

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

(4) Any applicable waiting period exemption information.

(5) California Firearms Dealer number issued pursuant to Article
1 (commencing with Section 26700) of Chapter 2.

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

(7) Manufacturer’s name if stamped on the firearm.

(8) Model name or number, if stamped on the firearm.

(9) Serial number, if applicable.

(10) Other number, if more than one serial number is stamped
on the firearm.

(11) Any identification number or mark assigned to the firearm
pursuant to Section 23910.

(12) If the firearm is not a handgun and does not have a serial
number, identification number, or mark assigned to it, a notation
as to that fact.

(13) Caliber.

(14) Type of firearm.

(15) If the firearm is new or used.

(16) Barrel length.

(17) Color of the firearm.

(18) Full name of purchaser.

(19) Purchaser’s complete date of birth.

(20) Purchaser’s local address.

(21) If current address is temporary, complete permanent address
of purchaser.

(22) Identification of purchaser.

(23) Purchaser’s place of birth (state or country).

(24) Purchaser’s complete telephone number.

(25) Purchaser’s occupation.

(26) Purchaser’s gender.

(27) Purchaser’s physical description.

(28) All legal names and aliases ever used by the purchaser.

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

(30) Signature of purchaser.

(31) Signature of salesperson, as a witness to the purchaser’s
signature.

(32) Salesperson’s certificate of eligibility number, if the
salesperson has obtained a certificate of eligibility.

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

(34) The establishment number, if assigned.

(35) The dealer’s complete business telephone number.

(36) Any information required by Chapter 5 (commencing with
Section 28050).

(37) Any information required to determine whether subdivision
(f) of Section 27540 applies.

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

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

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

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

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

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

(c) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered, together
with the firearm dealer’s signature indicating delivery of the
firearm.

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

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 28210 of the Penal Code is amended to read:

28210.  

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

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

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

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

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

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

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

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

(e) (1) A photocopy of the register shall be provided to the
purchaser by the dealer at the time of delivery of the firearm and
after the dealer notes the date of delivery and the purchaser
acknowledges the receipt of the firearm.

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

(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a
photocopy of the original shall be provided to the seller by the
dealer at the time the register is signed by the seller. The dealer
shall redact all of the purchaser’s personal information, as required
pursuant to subdivision (a) of Section 28160 and subdivision (a)
of Section 28165, from the seller’s copy, and the seller’s personal
information from the purchaser’s copy.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 28215 of the Penal Code is amended to read:

28215.  

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

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

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

(b) Any person furnishing a fictitious name or address,
knowingly furnishing any incorrect information, or knowingly
omitting any information required to be provided for the electronic
or telephonic transfer shall be punished as provided in Section
28250.

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

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

(3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives.

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

(e) (1) A copy of the record of electronic or telephonic transfer
shall be provided to the purchaser by the dealer at the time of
delivery of the firearm and after the dealer notes the date of
delivery and the purchaser acknowledges the receipt of the firearm.

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

(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy
shall be provided to the seller by the dealer at the time the record
of electronic or telephonic transfer is signed by the seller. The
dealer shall redact all of the purchaser’s personal information, as
required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller’s copy, and the
seller’s personal information from the purchaser’s copy.

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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

31835.  

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

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

(b) The sale, delivery, or transfer of the firearm is not subject
to the procedures set forth in Section 18000, 18005, 34000, or
34005.

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

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 34005 of the Penal Code is amended to read:

34005.  

(a) (1) An officer having custody of any firearm that
may be useful to the California National Guard, the Coast Guard
Auxiliary, or to any military or naval agency of the federal or state
government, including, but not limited to, the State Military
Museum and Resource Center, may, upon the authority of the
legislative body of the city, city and county, or county by which
the officer is employed and the approval of the Adjutant General,
deliver the firearm to the commanding officer of a unit of the
California National Guard, the Coast Guard Auxiliary, or any other
military agency of the state or federal government, in lieu of
destruction as required by any of the provisions listed in Section
16580.

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

(b) Any law enforcement agency that has custody of any
firearms, or any parts of any firearms, which are subject to
destruction as required by any of the provisions listed in Section
16580, may, in lieu of destroying the weapons, retain and use any
of them as may be useful in carrying out the official duties of the
agency. Alternatively, upon approval of a court, the agency may
do either of the following:

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

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

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

(2) Firearms or weaponry donated to the State Military Museum
and Resource Center may be disposed of pursuant to Section 179
of the Military and Veterans Code.

(d) (1) Any law enforcement agency that has custody of any
firearms, or any parts of any firearms, which are subject to
destruction as required by any of the provisions listed in Section
16580, may, in lieu of destroying the firearms, obtain an order
from the superior court directing the release of the firearms to the
sheriff.

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

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

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

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

begin delete SEC. 13. end delete
begin insert SEC. 12. 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.