BILL NUMBER: AB 539 INTRODUCED
BILL TEXT
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. 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 p
ursuant to Section 29830.
(b) Failure to provide the notice described in subdivision (a)
shall is not be 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 the a firearm owned or
possessed by the person shall be relinquished to the local law
enforcement agency for that jurisdiction or ,
sold to a licensed gun firearms
dealer, or transferred to a licensed firearms dealer pursuant to
Section 29830 for the duration of the period that the protective
order is in effect, 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 or to a licensed
firearms dealer for transfer or for storage pursuant to Section 29830
.
(3) If the firearm was transported to a law enforcement agency
or to a licensed firearms dealer , it was
transported in accordance with subdivision (b) of Section 25570.
(4) If the firearm is being transported to a law enforcement
agency or to a licensed firearms dealer , the person
transporting the firearm has given prior notice to the law
enforcement agency or to the licensed firearms dealer that
the person is transporting the firearm to the law enforcement agency
or the licensed firearms dealer 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
firearms dealer. 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.
(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) Nothing in this This section
shall does not 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.