California Legislature—2013–14 Regular Session

Assembly Bill No. 539

Introduced by Assembly Member Pan

February 20, 2013

An act to amend Sections 29810, 29825, 29850, and 33870 of, and to add Section 29830 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 539, as introduced, Pan. Firearm possession: prohibitions: transfer to licensed dealer.

Existing law prohibits specified persons, including persons convicted of specified crimes, persons addicted to the use of any narcotic drug, certain probationers, and persons against whom specified restraining orders or injunctions apply, from possessing a firearm. Under existing law a violation of these provisions is justified if the person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law, if certain requirements are met. Existing law allows a firearm that is in the custody of a law enforcement agency to be sold or transferred to a licensed dealer if the law enforcement agency determines that the legal owner of the firearm is prohibited from possessing the firearm. Existing law requires that a person prohibited from possessing a firearm pursuant to certain provisions of law to be notified and provided with a form to facilitate the transfer of firearms. Existing law requires the Judicial Counsel to provide notice on all protective orders that the respondent is prohibited from possessing a firearm while the protective order is in effect and that the firearm shall be relinquished to a local law enforcement agency or a licensed firearms dealer.

This bill would allow anyone who is prohibited from owning or possessing a firearm pursuant to the above provisions or any other provision of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expires on a date specified the court order. The bill would make conforming changes to the above provisions. Because the bill would impose certain requirements on local agencies relating to the transfer of firearms to a licensed firearms dealer, the bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 29810 of the Penal Code is amended to
read:

29810.  

(a) For any person who is subject to Section 29800 or
29805, the court shall, at the time judgment is imposed, provide
on a form supplied by the Department of Justice, a notice to the
defendant prohibited by this chapter from owning, purchasing,
receiving, possessing, or having under custody or control, any
firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms. begin insert If the prohibition on owning or possessing a firearm will
expire on a date specified in the court order, the form shall inform
the defendant that he or she may elect to have his or her firearm
transferred to a firearms dealer licensed pursuant to Section 29830. end insert

(b) Failure to provide the notice described in subdivision (a)
begin delete shall end delete begin insert is end insert not begin delete be end delete a defense to a violation of this chapter.

SEC. 2.  

Section 29825 of the Penal Code is amended to read:

29825.  

(a) Every person who purchases or receives, or attempts
to purchase or receive, a firearm knowing that the person is
prohibited from doing so by a temporary restraining order or
injunction issued pursuant to Section 527.6, 527.8, or 527.85 of
the Code of Civil Procedure, a protective order as defined in
Section 6218 of the Family Code, a protective order issued pursuant
to Section 136.2 or 646.91 of this code, or a protective order issued
pursuant to Section 15657.03 of the Welfare and Institutions Code,
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the
state prison, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.

(b) Every person who owns or possesses a firearm knowing that
the person is prohibited from doing so by a temporary restraining
order or injunction issued pursuant to Section 527.6, 527.8, or
527.85 of the Code of Civil Procedure, a protective order as defined
in Section 6218 of the Family Code, a protective order issued
pursuant to Section 136.2 or 646.91 of this code, or a protective
order issued pursuant to Section 15657.03 of the Welfare and
Institutions Code, is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one
year, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.

(c) If probation is granted upon conviction of a violation of this
section, the court shall impose probation consistent with Section
1203.097.

(d) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a
firearm while the protective order is in effect. The order shall also
state that begin delete the end delete begin insert a end insert firearm begin insert owned or possessed by the person end insert shall be
relinquished to the local law enforcement agency for that
jurisdiction begin delete or end delete begin insert , end insert sold to a licensed begin delete gun end delete begin insert firearms end insert dealer, begin insert or transferred
to a licensed firearms dealer pursuant to Section 29830 for the
duration of the period that the protective order is in effect, end insert and
that proof of surrender or sale shall be filed within a specified time
of receipt of the order. The order shall state the penalties for a
violation of the prohibition. The order shall also state on its face
the expiration date for relinquishment.

SEC. 3.  

Section 29830 is added to the Penal Code, to read:

29830.  

(a) Any person who is prohibited from owning or
possessing a firearm pursuant to this article, or who is prohibited
from owning or possessing a firearm pursuant to any other law,
may transfer or cause to be transferred, any firearm or firearms in
his or her possession, or of which he or she is the owner, to a
firearms dealer licensed pursuant to Section 26700 to 26915,
inclusive, for storage during the duration of the prohibition, if the
prohibition on owning or possessing the firearm will expire on a
date specified in the court order.

(b) A firearms dealer who stores a firearm or firearms pursuant
to subdivision (a), may charge the owner a fee for the storage of
the firearm or firearms.

SEC. 4.  

Section 29850 of the Penal Code is amended to read:

29850.  

(a) A violation of Section 29800, 29805, 29815, or
29820 is justifiable where all of the following conditions are met:

(1) The person found the firearm or took the firearm from a
person who was committing a crime against the person who found
or took the firearm.

(2) The person possessed the firearm no longer than was
necessary to deliver or transport the firearm to a law enforcement
agency for that agency’s disposition according to law begin insert or to a
licensed firearms dealer for transfer or for storage pursuant to
Section 29830 end insert .

(3) If the firearm was transported to a law enforcement agency
begin insert or end insert begin insert to a licensed firearms dealer end insert , it was transported in accordance
with subdivision (b) of Section 25570.

(4) If the firearm is being transported to a law enforcement
agency begin insert or to a licensed firearms dealer end insert , the person transporting
the firearm has given prior notice to the law enforcement agency
begin insert or to the licensed firearms dealer end insert that the person is transporting
the firearm to the law enforcement agency begin insert or the licensed firearms
dealer end insert for disposition according to law.

(b) Upon the trial for violating Section 29800, 29805, 29815,
or 29820, the trier of fact shall determine whether the defendant
was acting within the provisions of the exemption created by this
section.

(c) The defendant has the burden of proving by a preponderance
of the evidence that the defendant comes within the provisions of
the exemption created by this section.

SEC. 5.  

Section 33870 of the Penal Code is amended to read:

33870.  

(a) If a law enforcement agency determines that the
applicant is the legal owner of any firearm deposited with the
agency, that the applicant is prohibited from possessing any
firearm, and that the firearm is an otherwise legal firearm, the
applicant shall be entitled to sell or transfer the firearm to a licensed
begin insert firearms end insert dealer. begin insert If a law enforcement agency determines that the
applicant is prohibited from owning or possessing any firearm
and the prohibition on owning or possessing the firearm will expire
on a date specified in the court order, the applicant shall be entitled
to have the firearm stored by a licensed firearm dealer for the
duration of the prohibition period pursuant to Section 29830. end insert

(b) If the firearm has been lost or stolen, the firearm shall be
restored to the lawful owner pursuant to Section 11108.5 upon the
owner’s identification of the firearm, proof of ownership, and proof
of eligibility to possess a firearm pursuant to Section 33865.

(c)  begin delete Nothing in this end delete begin insert This end insert section begin delete shall end delete begin insert does not end insert prevent the local
law enforcement agency from charging the rightful owner of the
firearm the fees described in Section 33880.

SEC. 6.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.