AB 539, as amended, 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 Council 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 expire on a date specified in the court order. The bill would require a firearms dealer who stores a firearm under these circumstances to notify the Department of Justice of the date that the dealer has taken possession of thebegin delete firearm and the date that the owner has taken back possession of the firearm,end deletebegin insert
firearm,end insert
and would also require the Attorney General to maintain a record of this information. 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.
This bill would incorporate additional changes to Section 11106 of the Penal Code, proposed by AB 500 and SB 53, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2014, and this bill is chaptered last.
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 11106 of the Penal Code, as added by
2Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
3read:
(a) In order to assist in the investigation of crime, the
5prosecution of civil actions by city attorneys pursuant to paragraph
P3 1(3) of subdivision (b), the arrest and prosecution of criminals, and
2the recovery of lost, stolen, or found property, the Attorney General
3shall keep and properly file a complete record of all copies of
4fingerprints, copies of licenses to carry firearms issued pursuant
5to Section 26150, 26155, 26170, or 26215, information reported
6to the Department of Justice pursuant to Section 26225 or 29830,
7dealers’ records of sales of firearms, reports provided pursuant to
8Article 1 (commencing with Section 27500) of Chapter 4 of
9Division 6 of Title 4 of Part 6, or pursuant to any provision listed
10in subdivision (a) of Section 16585,
forms provided pursuant to
11Section 12084, as that section read prior to being repealed, reports
12provided pursuant to Article 1 (commencing with Section 26700)
13and Article 2 (commencing with Section 26800) of Chapter 2 of
14Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
15of firearms, and reports of stolen, lost, found, pledged, or pawned
16property in any city or county of this state, and shall, upon proper
17application therefor, furnish this information to the officers referred
18to in Section 11105.
19(b) (1) The Attorney General shall permanently keep and
20properly file and maintain all information reported to the
21Department of Justice pursuant to the following provisions as to
22firearms and maintain a registry thereof:
23(A) Article 1
(commencing with Section 26700) and Article 2
24(commencing with Section 26800) of Chapter 2 of Division 6 of
25Title 4 of Part 6.
26(B) Article 1 (commencing with Section 27500) of Chapter 4
27of Division 6 of Title 4 of Part 6.
28(C) Chapter 5 (commencing with Section 28050) of Division 6
29of Title 4 of Part 6.
30(D) Any provision listed in subdivision (a) of Section 16585.
31(E) Former Section 12084.
32(F) Any other law.
33(2) The registry shall consist of all of the following:
34(A) The name,
address, identification of, place of birth (state
35or country), complete telephone number, occupation, sex,
36description, and all legal names and aliases ever used by the owner
37or person being loaned the particular firearm as listed on the
38information provided to the department on the Dealers’ Record of
39Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
40in former Section 12084, or reports made to the department
P4 1pursuant to any provision listed in subdivision (a) of Section 16585
2or any other law.
3(B) The name and address of, and other information about, any
4person (whether a dealer or a private party) from whom the owner
5acquired or the person being loaned the particular firearm and
6when the firearm was acquired or loaned as listed on the
7information provided to the department on the Dealers’ Record of
8Sale, the LEFT, or
reports made to the department pursuant to any
9provision listed in subdivision (a) of Section 16585 or any other
10law.
11(C) Any waiting period exemption applicable to the transaction
12which resulted in the owner of or the person being loaned the
13particular firearm acquiring or being loaned that firearm.
14(D) The manufacturer’s name if stamped on the firearm, model
15name or number if stamped on the firearm, and, if applicable, the
16serial number, other number (if more than one serial number is
17stamped on the firearm), caliber, type of firearm, if the firearm is
18new or used, barrel length, and color of the firearm, or, if the
19firearm is not a handgun and does not have a serial number or any
20identification number or mark assigned to it, that shall be noted.
21(3) Information in the registry referred to in this subdivision
22shall, upon proper application therefor, be furnished to the officers
23referred to in Section 11105, to a city attorney prosecuting a civil
24action, solely for use in prosecuting that civil action and not for
25any other purpose, or to the person listed in the registry as the
26owner or person who is listed as being loaned the particular firearm.
27(4) If any person is listed in the registry as the owner of a firearm
28through a Dealers’ Record of Sale prior to 1979, and the person
29listed in the registry requests by letter that the Attorney General
30store and keep the record electronically, as well as in the record’s
31existing photographic, photostatic, or nonerasable optically stored
32form, the Attorney General shall do so within three
working days
33of receipt of the request. The Attorney General shall, in writing,
34and as soon as practicable, notify the person requesting electronic
35storage of the record that the request has been honored as required
36by this paragraph.
37(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
38of subdivision (b) of Section 11105 may disseminate the name of
39the subject of the record, the number of the firearms listed in the
40record, and the description of any firearm, including the make,
P5 1model, and caliber, from the record relating to any firearm’s sale,
2transfer, registration, or license record, or any information reported
3to the Department of Justice pursuant to Section 26225, Article 1
4(commencing with Section 26700) and Article 2 (commencing
5with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
66,
Article 1 (commencing with Section 27500) of Chapter 4 of
7Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
8Section 28050) of Division 6 of Title 4 of Part 6, Article 2
9(commencing with Section 28150) of Chapter 6 of Division 6 of
10Title 4 of Part 6, Article 5 (commencing with Section 30900) of
11Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
12(commencing with Section 33850) of Division 11 of Title 4 of Part
136, or any provision listed in subdivision (a) of Section 16585, if
14the following conditions are met:
15(A) The subject of the record has been arraigned for a crime in
16which the victim is a person described in subdivisions (a) to (f),
17inclusive, of Section 6211 of the Family Code and is being
18prosecuted or is serving a sentence for the crime, or the subject of
19the record is the subject of an emergency protective order, a
20temporary
restraining order, or an order after hearing, which is in
21effect and has been issued by a family court under the Domestic
22Violence Protection Act set forth in Division 10 (commencing
23with Section 6200) of the Family Code.
24(B) The information is disseminated only to the victim of the
25crime or to the person who has obtained the emergency protective
26order, the temporary restraining order, or the order after hearing
27issued by the family court.
28(C) Whenever a law enforcement officer disseminates the
29information authorized by this subdivision, that officer or another
30
officer assigned to the case shall immediately provide the victim
31of the crime with a “Victims of Domestic Violence” card, as
32specified in subparagraph (H) of paragraph (9) of subdivision (c)
33of Section 13701.
34(2) The victim or person to whom information is disseminated
35pursuant to this subdivision may disclose it as he or she deems
36necessary to protect himself or herself or another person from
37bodily harm by the person who is the subject of the record.
Section 11106 of the Penal Code, as added by Section
392.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
2prosecution of civil actions by city attorneys pursuant to paragraph
3(3) of subdivision (b), the arrest and prosecution of criminals, and
4the recovery of lost, stolen, or found property, the Attorney General
5shall keep and properly file a complete record of all copies of
6fingerprints, copies of licenses to carry firearms issued pursuant
7to Section 26150, 26155, 26170, or 26215, information reported
8to the Department of Justice pursuant to Section 26225 or 29830,
9dealers’ records of sales of firearms, reports provided pursuant to
10Article 1 (commencing with Section 27500) of Chapter 4 of
11Division 6 of Title 4 of Part 6, or pursuant to any provision listed
12in subdivision (a) of Section 16585,
forms provided pursuant to
13Section 12084, as that section read prior to being repealed, reports
14provided pursuant to Article 1 (commencing with Section 26700)
15and Article 2 (commencing with Section 26800) of Chapter 2 of
16Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
17of firearms, information provided pursuant to Section 28255, and
18reports of stolen, lost, found, pledged, or pawned property in any
19city or county of this state, and shall, upon proper application
20therefor, furnish this information to the officers referred to in
21Section 11105.
22(b) (1) The Attorney General shall permanently keep and
23properly file and maintain all information reported to the
24Department of Justice pursuant to the following provisions as to
25firearms and maintain a registry thereof:
26(A) Article 1 (commencing with Section 26700) and Article 2
27(commencing with Section 26800) of Chapter 2 of Division 6 of
28Title 4 of Part 6.
29(B) Article 1 (commencing with Section 27500) of Chapter 4
30of Division 6 of Title 4 of Part 6.
31(C) Chapter 5 (commencing with Section 28050) of Division 6
32of Title 4 of Part 6.
33(D) Any provision listed in subdivision (a) of Section 16585.
34(E) Former Section 12084.
35(F) Section 28255.
36(G) Any other law.
37(2) The registry shall consist of all of the following:
38(A) The name, address, identification of, place of birth (state
39or country), complete telephone number, occupation, sex,
40description, and all legal names and aliases ever used by the owner
P7 1or person being loaned the particular firearm as listed on the
2information provided to the department on the Dealers’ Record of
3Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
4in former Section 12084, or reports made to the department
5pursuant to any provision listed in subdivision (a) of Section 16585,
6Section 28255, or any other law.
7(B) The name and address of, and other information about, any
8person (whether a dealer or a private party) from whom the owner
9acquired
or the person being loaned the particular firearm and
10when the firearm was acquired or loaned as listed on the
11information provided to the department on the Dealers’ Record of
12Sale, the LEFT, or reports made to the department pursuant to any
13provision listed in subdivision (a) of Section 16585 or any other
14law.
15(C) Any waiting period exemption applicable to the transaction
16which resulted in the owner of or the person being loaned the
17particular firearm acquiring or being loaned that firearm.
18(D) The manufacturer’s name if stamped on the firearm, model
19name or number if stamped on the firearm, and, if applicable, the
20serial number, other number (if more than one serial number is
21stamped on the firearm), caliber, type of firearm, if the firearm is
22new or used, barrel length, and
color of the firearm, or, if the
23firearm is not a handgun and does not have a serial number or any
24identification number or mark assigned to it, that shall be noted.
25(3) Information in the registry referred to in this subdivision
26shall, upon proper application therefor, be furnished to the officers
27referred to in Section 11105, to a city attorney prosecuting a civil
28action, solely for use in prosecuting that civil action and not for
29any other purpose, or to the person listed in the registry as the
30owner or person who is listed as being loaned the particular firearm.
31(4) If any person is listed in the registry as the owner of a firearm
32through a Dealers’ Record of Sale prior to 1979, and the person
33listed in the registry requests by letter that the Attorney General
34store and keep the
record electronically, as well as in the record’s
35existing photographic, photostatic, or nonerasable optically stored
36form, the Attorney General shall do so within three working days
37of receipt of the request. The Attorney General shall, in writing,
38and as soon as practicable, notify the person requesting electronic
39storage of the record that the request has been honored as required
40by this paragraph.
P8 1(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
2of subdivision (b) of Section 11105 may disseminate the name of
3the subject of the record, the number of the firearms listed in the
4record, and the description of any firearm, including the make,
5model, and caliber, from the record relating to any firearm’s sale,
6transfer, registration, or license record, or any information reported
7to the Department of
Justice pursuant to Section 26225, Article 1
8(commencing with Section 26700) and Article 2 (commencing
9with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
106, Article 1 (commencing with Section 27500) of Chapter 4 of
11Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
12Section 28050) of Division 6 of Title 4 of Part 6, Article 2
13(commencing with Section 28150) of Chapter 6 of Division 6 of
14Title 4 of Part 6, Article 5 (commencing with Section 30900) of
15Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
16(commencing with Section 33850) of Division 11 of Title 4 of Part
176, or any provision listed in subdivision (a) of Section 16585, if
18the following conditions are met:
19(A) The subject of the record has been arraigned for a crime in
20which the victim is a person described in subdivisions (a) to (f),
21inclusive, of
Section 6211 of the Family Code and is being
22prosecuted or is serving a sentence for the crime, or the subject of
23the record is the subject of an emergency protective order, a
24temporary restraining order, or an order after hearing, which is in
25effect and has been issued by a family court under the Domestic
26Violence Protection Act set forth in Division 10 (commencing
27with Section 6200) of the Family Code.
28(B) The information is disseminated only to the victim of the
29crime or to the person who has obtained the emergency protective
30order, the temporary restraining order, or the order after hearing
31issued by the family court.
32(C) Whenever a law enforcement officer disseminates the
33information authorized by this subdivision, that officer or another
34officer assigned to the case shall
immediately provide the victim
35of the crime with a “Victims of Domestic Violence” card, as
36specified in subparagraph (H) of paragraph (9) of subdivision (c)
37of Section 13701.
38(2) The victim or person to whom information is disseminated
39pursuant to this subdivision may disclose it as he or she deems
P9 1necessary to protect himself or herself or another person from
2bodily harm by the person who is the subject of the record.
Section 11106 of the Penal Code, as added by Section
42.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
6prosecution of civil actions by city attorneys pursuant to paragraph
7(3) of subdivision (b), the arrest and prosecution of criminals, and
8the recovery of lost, stolen, or found property, the Attorney General
9shall keep and properly file a complete record of all copies of
10fingerprints, copies of licenses to carry firearms issued pursuant
11to Section 26150, 26155, 26170, or 26215, information reported
12to the Department of Justice pursuant to Section 26225 or 29830,
13
copies of ammunition purchaser authorizations pursuant to Section
1430370, ammunition vendor license information pursuant to Article
155 (commencing with Section 30380) of Chapter 1 of Division 10
16of Title 4 of Part 6, information required by Section 30352, dealers’
17records of sales of firearms, reports provided pursuant to Article
181 (commencing with Section 27500) of Chapter 4 of Division 6
19of Title 4 of Part 6, or pursuant to any provision listed in
20subdivision (a) of Section 16585, forms provided pursuant to
21Section 12084, as that section read prior to being repealed, reports
22provided pursuant to Article 1 (commencing with Section 26700)
23and Article 2 (commencing with Section 26800) of Chapter 2 of
24Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
25of firearms, and reports of stolen, lost, found, pledged, or pawned
26property in any city or county of this state, and
shall, upon proper
27application therefor, furnish this information to the officers referred
28to in Section 11105.
29(b) (1) The Attorney General shall permanently keep and
30properly file and maintain all information reported to the
31Department of Justice pursuant to the following provisions as to
32firearms and maintain a registry thereof:
33(A) Article 1 (commencing with Section 26700) and Article 2
34(commencing with Section 26800) of Chapter 2 of Division 6 of
35Title 4 of Part 6.
36(B) Article 1 (commencing with Section 27500) of Chapter 4
37of Division 6 of Title 4 of Part 6.
38(C) Chapter 5 (commencing with Section 28050) of Division 6
39of
Title 4 of Part 6.
40(D) Any provision listed in subdivision (a) of Section 16585.
P10 1(E) Former Section 12084.
2(F) Any other law.
3(2) The registry shall consist of all of the following:
4(A) The name, address, identification of, place of birth (state
5or country), complete telephone number, occupation, sex,
6description, and all legal names and aliases ever used by the owner
7or person being loaned the particular firearm as listed on the
8information provided to the department on the Dealers’ Record of
9Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
10in former Section 12084, or reports made to the
department
11pursuant to any provision listed in subdivision (a) of Section 16585
12or any other law.
13(B) The name and address of, and other information about, any
14person (whether a dealer or a private party) from whom the owner
15acquired or the person being loaned the particular firearm and
16when the firearm was acquired or loaned as listed on the
17information provided to the department on the Dealers’ Record of
18Sale, the LEFT, or reports made to the department pursuant to any
19provision listed in subdivision (a) of Section 16585 or any other
20law.
21(C) Any waiting period exemption applicable to the transaction
22which resulted in the owner of or the person being loaned the
23particular firearm acquiring or being loaned that firearm.
24(D) The manufacturer’s name if stamped on the firearm, model
25name or number if stamped on the firearm, and, if applicable, the
26serial number, other number (if more than one serial number is
27stamped on the firearm), caliber, type of firearm, if the firearm is
28new or used, barrel length, and color of the firearm, or, if the
29firearm is not a handgun and does not have a serial number or any
30identification number or mark assigned to it, that shall be noted.
31(3) Information in the registry referred to in this subdivision
32shall, upon proper application therefor, be furnished to the officers
33referred to in Section 11105, to a city attorney prosecuting a civil
34action, solely for use in prosecuting that civil action and not for
35any other purpose, or to the person listed in the registry as the
36owner or person who is listed as being loaned the
particular firearm.
37(4) If any person is listed in the registry as the owner of a firearm
38through a Dealers’ Record of Sale prior to 1979, and the person
39listed in the registry requests by letter that the Attorney General
40store and keep the record electronically, as well as in the record’s
P11 1existing photographic, photostatic, or nonerasable optically stored
2form, the Attorney General shall do so within three working days
3
of receipt of the request. The Attorney General shall, in writing,
4and as soon as practicable, notify the person requesting electronic
5storage of the record that the request has been honored as required
6by this paragraph.
7(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
8of subdivision (b) of Section 11105 may disseminate the name of
9the subject of the record, the number of the firearms listed in the
10record, and the description of any firearm, including the make,
11model, and caliber, from the record relating to any firearm’s sale,
12transfer, registration, or license record, or any information reported
13to the Department of Justice pursuant to Section 26225, Article 1
14(commencing with Section 26700) and Article 2 (commencing
15with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
166,
Article 1 (commencing with Section 27500) of Chapter 4 of
17Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
18
Section 28050) of Division 6 of Title 4 of Part 6, Article 2
19(commencing with Section 28150) of Chapter 6 of Division 6 of
20Title 4 of Part 6, Article 5 (commencing with Section 30900) of
21Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
22(commencing with Section 33850) of Division 11 of Title 4 of Part
236, or any provision listed in subdivision (a) of Section 16585, if
24the following conditions are met:
25(A) The subject of the record has been arraigned for a crime in
26which the victim is a person described in subdivisions (a) to (f),
27inclusive, of Section 6211 of the Family Code and is being
28prosecuted or is serving a sentence for the crime, or the subject of
29the record is the subject of an emergency protective order, a
30temporary restraining order, or an order after hearing, which is in
31effect and has been issued by a
family court under the Domestic
32Violence Protection Act set forth in Division 10 (commencing
33with Section 6200) of the Family Code.
34(B) The information is disseminated only to the victim of the
35crime or to the person who has obtained the emergency protective
36order, the temporary restraining order, or the order after hearing
37issued by the family court.
38(C) Whenever a law enforcement officer disseminates the
39information authorized by this subdivision, that officer or another
40officer assigned to the case shall immediately provide the victim
P12 1of the crime with a “Victims of Domestic Violence” card, as
2specified in subparagraph (H) of paragraph (9) of subdivision (c)
3of Section 13701.
4(2) The victim or person to whom
information is disseminated
5pursuant to this subdivision may disclose it as he or she deems
6necessary to protect himself or herself or another person from
7bodily harm by the person who is the subject of the record.
Section 11106 of the Penal Code, as added by Section
92.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
11prosecution of civil actions by city attorneys pursuant to paragraph
12(3) of subdivision (b), the arrest and prosecution of criminals, and
13the recovery of lost, stolen, or found property, the Attorney General
14shall keep and properly file a complete record of all copies of
15fingerprints, copies of licenses to carry firearms issued pursuant
16to Section 26150, 26155, 26170, or 26215, information reported
17to the Department of Justice pursuant to Section 26225 or 29830,
18
copies of ammunition purchaser authorizations pursuant to Section
1930370, ammunition vendor license information pursuant to Article
205 (commencing with Section 30380) of Chapter 1 of Division 10
21of Title 4 of Part 6, information required by Section 30352, dealers’
22records of sales of firearms, reports provided pursuant to Article
231 (commencing with Section 27500) of Chapter 4 of Division 6
24of Title 4 of Part 6, or pursuant to any provision listed in
25subdivision (a) of Section 16585, forms provided pursuant to
26Section 12084, as that section read prior to being repealed, reports
27provided pursuant to Article 1 (commencing with Section 26700)
28and Article 2 (commencing with Section 26800) of Chapter 2 of
29Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
30of firearms, information provided pursuant to Section 28255, and
31reports of stolen, lost, found, pledged, or pawned
property in any
32city or county of this state, and shall, upon proper application
33therefor, furnish this information to the officers referred to in
34Section 11105.
35(b) (1) The Attorney General shall permanently keep and
36properly file and maintain all information reported to the
37Department of Justice pursuant to the following provisions as to
38firearms and maintain a registry thereof:
P13 1(A) Article 1 (commencing with Section 26700) and Article 2
2(commencing with Section 26800) of Chapter 2 of Division 6 of
3Title 4 of Part 6.
4(B) Article 1 (commencing with Section 27500) of Chapter 4
5of Division 6 of Title 4 of Part 6.
6(C) Chapter 5
(commencing with Section 28050) of Division 6
7of Title 4 of Part 6.
8(D) Any provision listed in subdivision (a) of Section 16585.
9(E) Former Section 12084.
10(F) Section 28255.
11(G) Any other law.
12(2) The registry shall consist of all of the following:
13(A) The name, address, identification of, place of birth (state
14or country), complete telephone number, occupation, sex,
15description, and all legal names and aliases ever used by the owner
16or person being loaned the particular firearm as listed on the
17information provided to the department on
the Dealers’ Record of
18Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
19in former Section 12084, or reports made to the department
20pursuant to any provision listed in subdivision (a) of Section 16585,
21Section 28255, or any other law.
22(B) The name and address of, and other information about, any
23person (whether a dealer or a private party) from whom the owner
24acquired or the person being loaned the particular firearm and
25when the firearm was acquired or loaned as listed on the
26information provided to the department on the Dealers’ Record of
27Sale, the LEFT, or reports made to the department pursuant to any
28provision listed in subdivision (a) of Section 16585 or any other
29law.
30(C) Any waiting period exemption applicable to the transaction
31which resulted in the
owner of or the person being loaned the
32particular firearm acquiring or being loaned that firearm.
33(D) The manufacturer’s name if stamped on the firearm, model
34name or number if stamped on the firearm, and, if applicable, the
35serial number, other number (if more than one serial number is
36stamped on the firearm), caliber, type of firearm, if the firearm is
37new or used, barrel length, and color of the firearm, or, if the
38firearm is not a handgun and does not have a serial number or any
39identification number or mark assigned to it, that shall be noted.
P14 1(3) Information in the registry referred to in this subdivision
2shall, upon proper application therefor, be furnished to the officers
3referred to in Section 11105, to a city attorney prosecuting a civil
4action, solely for use in prosecuting
that civil action and not for
5any other purpose, or to the person listed in the registry as the
6owner or person who is listed as being loaned the particular firearm.
7(4) If any person is listed in the registry as the owner of a firearm
8through a Dealers’ Record of Sale prior to 1979, and the person
9listed in the registry requests by letter that the Attorney General
10store and keep the record electronically, as well as in the record’s
11existing photographic, photostatic, or nonerasable optically stored
12form, the Attorney General shall do so within three working days
13of receipt of the request. The Attorney General shall, in writing,
14and as soon as practicable, notify the person requesting electronic
15storage of the record that the request has been honored as required
16by this paragraph.
17(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
18of subdivision (b) of Section 11105 may disseminate the name of
19the subject of the record, the number of the firearms listed in the
20record, and the description of any firearm, including the make,
21model, and caliber, from the record relating to any firearm’s sale,
22transfer, registration, or license record, or any information reported
23to the Department of Justice pursuant to Section 26225, Article 1
24(commencing with Section 26700) and Article 2 (commencing
25with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
266, Article 1 (commencing with Section 27500) of Chapter 4 of
27Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
28Section 28050) of Division 6 of Title 4 of Part 6, Article 2
29(commencing with Section 28150) of Chapter 6 of Division 6 of
30Title 4 of Part 6, Article 5 (commencing with
Section 30900) of
31Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
32(commencing with Section 33850) of Division 11 of Title 4 of Part
336, or any provision listed in subdivision (a) of Section 16585, if
34the following conditions are met:
35(A) The subject of the record has been arraigned for a crime in
36which the victim is a person described in subdivisions (a) to (f),
37inclusive, of Section 6211 of the Family Code and is being
38prosecuted or is serving a sentence for the crime, or the subject of
39the record is the subject of an emergency protective order, a
40temporary restraining order, or an order after hearing, which is in
P15 1effect and has been issued by a family court under the Domestic
2Violence Protection Act set forth in Division 10 (commencing
3with Section 6200) of the Family Code.
4(B) The information is disseminated only to the victim of the
5crime or to the person who has obtained the emergency protective
6order, the temporary restraining order, or the order after hearing
7issued by the family court.
8(C) Whenever a law enforcement officer disseminates the
9information authorized by this subdivision, that officer or another
10officer assigned to the case shall immediately provide the victim
11of the crime with a “Victims of Domestic Violence” card, as
12specified in subparagraph (H) of paragraph (9) of subdivision (c)
13of Section 13701.
14(2) The victim or person to whom information is disseminated
15pursuant to this subdivision may disclose it as he or she deems
16necessary to protect himself or herself or another person from
17bodily harm by the person who is
the subject of the record.
Section 29810 of the Penal Code is amended to read:
(a) For any person who is subject to Section 29800 or
2029805, the court shall, at the time judgment is imposed, provide
21on a form supplied by the Department of Justice, a notice to the
22defendant prohibited by this chapter from owning, purchasing,
23receiving, possessing, or having under custody or control, any
24firearm. The notice shall inform the defendant of the prohibition
25regarding firearms and include a form to facilitate the transfer of
26firearms. If the prohibition on owning or possessing a firearm will
27expire on a date specified in the court order, the form shall inform
28the defendant that he or she may elect to have his or her firearm
29transferred to a firearms dealer licensed pursuant to Section 29830.
30(b) Failure to provide the notice described in subdivision (a) is
31not a defense to a violation of this chapter.
Section 29825 of the Penal Code is amended to read:
(a) Every person who purchases or receives, or attempts
34to purchase or receive, a firearm knowing that the person is
35prohibited from doing so by a temporary restraining order or
36injunction issued pursuant to Section 527.6, 527.8, or 527.85 of
37the Code of Civil Procedure, a protective order as defined in
38Section 6218 of the Family Code, a protective order issued pursuant
39to Section 136.2 or 646.91 of this code, or a protective order issued
40pursuant to Section 15657.03 of the Welfare and Institutions Code,
P16 1is guilty of a public offense, which shall be punishable by
2imprisonment in a county jail not exceeding one year or in the
3state prison, by a fine not exceeding one thousand dollars ($1,000),
4or by both that imprisonment and fine.
5(b) Every person who owns or possesses a firearm knowing that
6the person is prohibited from doing so by a temporary restraining
7order or injunction issued pursuant to Section 527.6, 527.8, or
8527.85 of the Code of Civil Procedure, a protective order as defined
9in Section 6218 of the Family Code, a protective order issued
10pursuant to Section 136.2 or 646.91 of this code, or a protective
11order issued pursuant to Section 15657.03 of the Welfare and
12Institutions Code, is guilty of a public offense, which shall be
13punishable by imprisonment in a county jail not exceeding one
14year, by a fine not exceeding one thousand dollars ($1,000), or by
15both that imprisonment and fine.
16(c) If probation is granted upon conviction of a violation of this
17section, the court shall impose probation
consistent with Section
181203.097.
19(d) The Judicial Council shall provide notice on all protective
20orders that the respondent is prohibited from owning, possessing,
21purchasing, receiving, or attempting to purchase or receive a
22firearm while the protective order is in effect. The order shall also
23state that a firearm owned or possessed by the person shall be
24relinquished to the local law enforcement agency for that
25jurisdiction, sold to a licensed firearms dealer, or transferred to a
26licensed firearms dealer pursuant to Section 29830 for the duration
27of the period that the protective order is in effect, and that proof
28of surrender or sale shall be filed within a specified time of receipt
29of the order. The order shall state the penalties for a violation of
30the prohibition. The order shall also state on its face the expiration
31date for
relinquishment.
Section 29830 is added to the Penal Code, to read:
(a) Any person who is prohibited from owning or
34possessing a firearm pursuant to this article, or who is prohibited
35from owning or possessing a firearm pursuant to any other law,
36may transfer or cause to be transferred, any firearm or firearms in
37his or her possession, or of which he or she is the owner, to a
38firearms dealer licensed pursuant to Section 26700 to 26915,
39inclusive, for storage during the duration of the prohibition, if the
P17 1prohibition on owning or possessing the firearm will expire on a
2date specified in the court order.
3(b) A firearms dealer who stores a firearm or firearms pursuant
4to subdivision (a), may charge the owner a fee for the storage of
5the
firearm or firearms.
6(c) A firearms dealer who stores a firearm or firearms pursuant
7to subdivision (a) shall notify the Department of Justice of the date
8that the firearms dealer has taken possession of the firearm or
9begin delete firearms and the date that the owner has taken back possession of begin insert firearms.end insert
10the firearm or firearms.end delete
11(d) Any firearm that is returned by a dealer to the owner of the
12firearm pursuant to this section shall be returned in accordance
13with the procedures set forth in Section 27540 and Article 1
14(commencing with Section 26700) and Article 2
(commencing with
15Section 26800) of Chapter 2 of Division 6.
Section 29850 of the Penal Code is amended to read:
(a) A violation of Section 29800, 29805, 29815, or
1829820 is justifiable where all of the following conditions are met:
19(1) The person found the firearm or took the firearm from a
20person who was committing a crime against the person who found
21or took the firearm.
22(2) The person possessed the firearm no longer than was
23necessary to deliver or transport the firearm to a law enforcement
24agency for that agency’s disposition according to law or to a
25licensed firearms dealer for transfer or for storage pursuant to
26Section 29830.
27(3) If the firearm was transported to a
law enforcement agency
28or to a licensed firearms dealer, it was transported in accordance
29with subdivision (b) of Section 25570.
30(4) If the firearm is being transported to a law enforcement
31agency or to a licensed firearms dealer, the person transporting
32the firearm has given prior notice to the law enforcement agency
33or to the licensed firearms dealer that the person is transporting
34the firearm to the law enforcement agency or the licensed firearms
35dealer for disposition according to law.
36(b) Upon the trial for violating Section 29800, 29805, 29815,
37or 29820, the trier of fact shall determine whether the defendant
38was acting within the provisions of the exemption created by this
39section.
P18 1(c) The defendant
has the burden of proving by a preponderance
2of the evidence that the defendant comes within the provisions of
3the exemption created by this section.
Section 33870 of the Penal Code is amended to read:
(a) If a law enforcement agency determines that the
6applicant is the legal owner of any firearm deposited with the
7agency, that the applicant is prohibited from possessing any
8firearm, and that the firearm is an otherwise legal firearm, the
9applicant shall be entitled to sell or transfer the firearm to a licensed
10firearms dealer. If a law enforcement agency determines that the
11applicant is prohibited from owning or possessing any firearm and
12the prohibition on owning or possessing the firearm will expire on
13a date specified in the court order, the applicant shall be entitled
14to have the firearm stored by a licensed firearms dealer for the
15duration of the prohibition period pursuant to Section 29830.
16(b) If the firearm has been lost or stolen, the firearm shall be
17restored to the lawful owner pursuant to Section 11108.5 upon the
18owner’s identification of the firearm, proof of ownership, and proof
19of eligibility to possess a firearm pursuant to Section 33865.
20(c) This section does not prevent the local law enforcement
21agency from charging the rightful owner of the firearm the fees
22described in Section 33880.
(a) Section 1.3 of this bill incorporates amendments
24to Section 11106 of the Penal Code proposed by both this bill and
25Assembly Bill 500. It shall only become operative if (1) both bills
26are enacted and become effective on or before January 1, 2014,
27(2) each bill amends Section 11106 of the Penal Code, and (3)
28Senate Bill 53 is not enacted or as enacted does not amend Section
2911106, and (4) this bill is enacted after Assembly Bill 500, in which
30case Sections 1, 1.5, and 1.7 of this bill shall not become operative.
31(b) Section 1.5 of this bill incorporates amendments to Section
3211106 of the Penal Code proposed by both
this bill and Senate Bill
3353. It shall only become operative if (1) both bills are enacted and
34become effective on or before January 1, 2014, (2) each bill amends
35Section 11106 of the Penal Code, (3) Assembly Bill 500 is not
36enacted or as enacted does not amend Section 11106, and (4) this
37bill is enacted after Senate Bill 53 in which case Sections 1, 1.3,
38and 1.7 of this bill shall not become operative.
39(c) Section 1.7 of this bill incorporates amendments to Section
4011106 of the Penal Code proposed by this bill, Assembly Bill 500,
P19 1and Senate Bill 53. It shall only become operative if (1) all three
2bills are enacted and become effective on or before January 1,
32014, (2) all three bills amend Section 11106 of the Penal Code,
4and (3) this bill is enacted after Assembly Bill 500 and Senate Bill
553, in which case Sections 1, 1.3, and 1.5 of
this bill shall not
6become operative.
If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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96