Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1020


Introduced by Assembly Member Bonta

February 22, 2013


An act to add Section 29310 to the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1020, as amended, Bonta. Firearms: letter to purchasers.

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Existing law prohibits a firearm from being delivered within 10 days of the application to purchase, or, after notice by the Department of Justice, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of a required fee, whichever is later.

end delete
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Existing law requires the Department of Justice to develop a pamphlet that summarizes California firearms laws, and to offer copies of the pamphlet to firearms dealers for sale to retail purchasers or transferees of firearms.

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This bill would require the Attorney General to send a letterbegin delete during the 10-day waiting periodend delete to each individual who has applied to purchase a firearm informing him or her ofbegin delete firearmsend delete laws relating tobegin insert firearms,end insert gun traffickingbegin insert,end insert and safe storage, as provided.

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

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

P1    1

SECTION 1.  

Section 29310 is added to the Penal Code, to
2read:

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P2    1

29310.  

During the 10-day waiting period following an
2application to purchase a firearm required pursuant to Sections
327540 and 26815, the Attorney General shall send a letter to each
4individual who has applied to purchase a firearm, informing him
5or her of firearms laws relating to gun trafficking and safe storage,
6including the following:

end delete
7begin insert

begin insert29310.end insert  

end insert
begin insert

(a) Within 10 days of submission of any application
8to purchase a firearm, as defined in Section 16190, the Attorney
9General shall send a notice to the individual who made the
10application, informing him or her of laws relating to firearms, gun
11trafficking, and safe storage.

end insert
begin insert

12(b) The notice shall include all of the following:

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3 13(a) That

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14begin insert(1)end insertbegin insertend insertCalifornia lawbegin insert generallyend insert requires that all firearms transfers
15be conducted through licensed dealers as provided in Section
1627545.

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17(2) Any exceptions to the requirement that firearms transfers
18be conducted through a dealer have strict limits.

end insert
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19(3) California law has strict limits on the loaning of firearms,
20and on the conditions and circumstances under which a firearm
21may be loaned to another person.

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22(b) That

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23begin insert(4)end insertbegin insertend insertCalifornia law prohibits any person, corporation, or dealer
24from selling, loaning, or transferring a firearm to anyone who is
25not the actual purchaser or transferee of the firearm as provided
26in Section 27515.

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9 27(c) That storage

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28begin insert(5)end insertbegin insertend insertbegin insertStorage end insertof a firearm where children are likely to gain access
29is a criminal offense as provided in Sections 25100 and 25110 if
30the child obtains access and thereby causes death or injury.

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31(6) It is a felony under both state and federal law, punishable
32by imprisonment in state or federal prison, to acquire a firearm
33for another person who is prohibited by law from purchasing the
34firearm himself or herself. These transactions are sometimes known
35as a “straw purchase” or “straw acquisition.”

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36(7) Cases in which a firearm is found in the possession of a
37person other than the registered owner are fully investigated, and
38in cases where violations are discovered, they are prosecuted to
39the fullest extent of the law by both state and federal authorities.

end insert
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P3    1(c) The notice shall also contain information about how to obtain
2additional information from the Department of Justice, including
3the department’s Internet Web site.

end insert


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