AB 598, as introduced, Dahle. Firearms.
Existing law provides that the exclusive means of transmitting firearm purchaser information to the Department of Justice shall be through electronic transfer, except as specified. Under existing law, if the electronic or telephonic transfer of applicant information is used, the purchaser is required to present to the dealer clear evidence of the person’s identity and age. The dealer is required to retain the original of each record of electronic or telephonic transfer.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 28215 of the Penal Code is amended to
2read:
(a) (1) begin deleteWhere end deletebegin insertIf end insertthe electronic or telephonic transfer
4of applicant information is used, the purchaser shall be required
5to present to the dealer clear evidence of the person’s identity and
6age.
P2 1(2) The dealer shall require the purchaser to sign the purchaser’s
2current legal name to the record of electronic or telephonic transfer.
3(3) The salesperson shall sign the record of electronic or
4telephonic transfer, as a witness to the signature and identification
5of the purchaser.
6(b) Any person furnishing a fictitious name or address,
7knowingly furnishing any incorrect information, or knowingly
8omitting any information required to be provided for the electronic
9or telephonic transfer shall be punished as provided in Section
1028250.
11(c) (1) The original of each record of electronic or telephonic
12transfer shall be retained by the dealer in consecutive order.
13(2) Each original shall become the permanent record of the
14transaction, which shall be retained for not less than three years
15from the date of the last transaction.
16(3) Upon presentation of proper identification, the permanent
17record of the transaction shall be provided for inspection by any
18peace officer, Department of Justice employee designated by the
19
Attorney General, or agent of the federal Bureau of Alcohol,
20Tobacco, Firearms and Explosives. Until January 1, 2014, no
21information shall be compiled therefrom regarding the purchasers
22or other transferees of firearms that are not handguns.
23(d) On the date of the application to purchase, the record of
24applicant information shall be transmitted to the Department of
25Justice by electronic or telephonic transfer.
26(e) If requested, a copy of the record of electronic or telephonic
27transfer shall be provided to the purchaser by the dealer.
28(f) If the transaction is a private party transfer conducted
29pursuant to Chapter 5 (commencing with Section 28050), a copy
30shall be provided to the seller or purchaser by the dealer, upon
31request. The dealer shall redact all of the purchaser’s personal
32information, as required pursuant
to subdivision (a) of Section
3328160 and subdivision (a) of Section 28165, from the seller’s copy,
34and the seller’s personal information from the purchaser’s copy.
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