Amended in Assembly April 25, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1020


Introduced by Assembly Member Bonta

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(Coauthor: Assembly Member Skinner)

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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:begin delete letterend deletebegin insert noticeend insert to purchasers.

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.

This bill would require the Attorney General to send abegin delete letterend deletebegin insert noticeend insert to each individual who has applied to purchase a firearm informing him or her of laws relating to firearms, gun trafficking, and safe storage, as provided.begin insert The bill would require the notice to include a link to a page on the Department of Justice’s Internet Web site containing a summary of state firearm laws, which the bill would require the department to prepare and annually update.end insert

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

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

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SECTION 1.  

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

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29310.  

(a) Within 10 days of submission of any application
4to purchase a firearm, as defined in Section 16190, the Attorney
5General shall send a notice to the individual who made the
6application, informing him or her of laws relating to firearms, gun
7trafficking, and safe storage.

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

9(1) California law generally requires that all firearms transfers
10be conducted through licensed dealers as provided in Section
1127545.

12(2) Any exceptions to the requirement that firearms transfers
13be conducted through a dealer have strict limits.

14(3) California law has strict limits on the loaning of firearms,
15and on the conditions and circumstances under which a firearm
16may be loaned to another person.

17(4) California law prohibits any person, corporation, or dealer
18from selling, loaning, or transferring a firearm to anyone who is
19not the actual purchaser or transferee of the firearm as provided
20in Section 27515.

21(5) Storage of a firearm where children are likely to gain access
22is a criminal offense as provided in Sections 25100 and 25110 if
23the child obtains access and thereby causes death or injury.

24(6) It is a felony under both state and federal law, punishable
25by imprisonment in state or federal prison, to acquire a firearm for
26another person who is prohibited by law from purchasing the
27firearm himself or herself. These transactions are sometimes known
28as a “straw purchase” or “straw acquisition.”

29(7) Cases in which a firearm is found in the possession of a
30person other than the registered owner are fully investigated, and
31in cases where violations are discovered, they are prosecuted to
32the fullest extent of the law by both state and federal authorities.

33(c) The notice shall also contain information about how to obtain
34additional information from the Department of Justice, including
35the department’s Internet Web site.

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36(d) The notice shall also include a link to a page on the
37Department of Justice’s Internet Web site containing a summary
P3    1of state firearm laws, which the department shall prepare and
2annually update.

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