California Legislature—2013–14 Regular Session

Assembly Bill No. 1545

Introduced by Assembly Member Gray

January 23, 2014

An act to amend Sections 11106, 27570, and 28000 of, and to add Section 27965 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1545, as introduced, Gray. Firearms: ownership.

Existing law generally regulates the ownership and transfer of firearms. Existing law requires the Attorney General to maintain a registry of specified information concerning the sale, lease, or transfer of firearms, and to include in the registry specified data provided to the Department of Justice. Existing law also authorizes a person who is exempt from specified registration requirements or who moves out of state to report information regarding the acquisition, ownership, destruction, or disposal of a firearm to the Department of Justice in a format prescribed by the department.

Existing law also requires every firearms dealer to maintain a register or record of electronic transfer of firearms, except as specified, in a form prescribed by the department, including, among other information, the name, occupation, and gender of the purchaser. Existing law requires both parties to the sale, loan, or transfer of a firearm to complete the transaction through a licensed firearms dealer, as specified, if neither party to the transaction holds a dealer’s license.

This bill would create an exemption from this requirement to complete a firearms transaction through a licensed dealer for a person who reports his or her ownership of a firearm to the department. The bill would require the department to register the firearm within 30 days of the receipt of the report, subject to specified restrictions. The bill would also apply those restrictions to a person who is exempt under existing law from the requirement to complete a firearms transaction through a licensed firearms dealer or who moves out of state with the firearm.

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

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

SECTION 1.  

Section 11106 of the Penal Code is amended to
read:

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225 or 29830,
dealers’ records of sales of firearms, reports provided pursuant to
Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, or pursuant to any provision listed
in subdivision (a) of Section 16585, forms provided pursuant to
Section 12084, as that section read prior to being repealed, reports
provided pursuant to Article 1 (commencing with Section 26700)
and Article 2 (commencing with Section 26800) of Chapter 2 of
Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
of firearms, information provided pursuant to Section 28255, and
reports of stolen, lost, found, pledged, or pawned property in any
city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

(b) (1) The Attorney General shall permanently keep and
properly file and maintain all information reported to the
Department of Justice pursuant to the following provisions as to
firearms and maintain a registry thereof:

(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of
Title 4 of Part 6.

(B) Article 1 (commencing with Section 27500) of Chapter 4
of Division 6 of Title 4 of Part 6.

(C) Chapter 5 (commencing with Section 28050) of Division 6
of Title 4 of Part 6.

(D) Any provision listed in subdivision (a) of Section 16585.

(E) Former Section 12084.

begin insert

(F) Section 28000.

end insert begin delete

(F)

end delete

begin insert (G) end insert  Section 28255.

begin delete

(G)

end delete

begin insert (H) end insert  Any other law.

(2) The registry shall consist of all of the following:

(A) The name, address, identification of, place of birth (state
or country), complete telephone number, occupation, sex,
description, and all legal names and aliases ever used by the owner
or person being loaned the particular firearm as listed on the
information provided to the department on the Dealers’ Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
in former Section 12084, or reports made to the department
pursuant to any provision listed in subdivision (a) of Section 16585,
Section 28255, or any other law.

(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and
when the firearm was acquired or loaned as listed on the
information provided to the department on the Dealers’ Record of
Sale, the LEFT, or reports made to the department pursuant to any
provision listed in subdivision (a) of Section 16585 or any other
law.

(C) Any waiting period exemption applicable to the transaction
begin delete which end delete begin insert that end insert resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.

(D) The manufacturer’s name if stamped on the firearm, model
name or number if stamped on the firearm, and, if applicable, the
serial number, other number (if more than one serial number is
stamped on the firearm), caliber, type of firearm, if the firearm is
new or used, barrel length, and color of the firearm, or, if the
firearm is not a handgun and does not have a serial number or any
identification number or mark assigned to it, that shall be noted.

(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.

(4) If any person is listed in the registry as the owner of a firearm
through a Dealers’ Record of Sale prior to 1979, and the person
listed in the registry requests by letter that the Attorney General
store and keep the record electronically, as well as in the record’s
existing photographic, photostatic, or nonerasable optically stored
form, the Attorney General shall do so within three working days
of receipt of the request. The Attorney General shall, in writing,
and as soon as practicable, notify the person requesting electronic
storage of the record that the request has been honored as required
by this paragraph.

(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
of subdivision (b) of Section 11105 may disseminate the name of
the subject of the record, the number of the firearms listed in the
record, and the description of any firearm, including the make,
model, and caliber, from the record relating to any firearm’s sale,
transfer, registration, or license record, or any information reported
to the Department of Justice pursuant to Section 26225, Article 1
(commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
6, Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
Section 28050) of Division 6 of Title 4 of Part 6, Article 2
(commencing with Section 28150) of Chapter 6 of Division 6 of
Title 4 of Part 6, Article 5 (commencing with Section 30900) of
Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
(commencing with Section 33850) of Division 11 of Title 4 of Part
6, or any provision listed in subdivision (a) of Section 16585, if
the following conditions are met:

(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being
prosecuted or is serving a sentence for the crime, or the subject of
the record is the subject of an emergency protective order, a
temporary restraining order, or an order after hearing, which is in
effect and has been issued by a family court under the Domestic
Violence Protection Act set forth in Division 10 (commencing
with Section 6200) of the Family Code.

(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.

(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim
of the crime with a “Victims of Domestic Violence” card, as
specified in subparagraph (H) of paragraph (9) of subdivision (c)
of Section 13701.

(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from
bodily harm by the person who is the subject of the record.

SEC. 2.  

Section 27570 of the Penal Code is amended to read:

27570.  

(a) It is the intent of the Legislature that a violation of
Section 27560 or 27565 shall not constitute a “continuing offense”
and the statute of limitations for commencing a prosecution for a
violation of Section 27560 or 27565 commences on the date that
the applicable grace period specified in Section 27560 or 27565
expires.

(b) Sections 27560 and 27565 shall not apply to a person who
reports ownership of a begin delete handgun end delete begin insert firearm end insert after the applicable grace
period specified in Section 27560 or 27565 expires if evidence of
that violation arises only as the result of the person submitting the
report described in Section 27560 or 27565.

begin insert

(c) Section 27545 shall not apply to a person who reports
ownership of a firearm pursuant to subdivision (b) of Section 28000
if evidence of that violation arises only as the result of the person
submitting the report described in that subdivision.

end insert

SEC. 3.  

Section 27965 is added to the Penal Code, to read:

27965.  

Section 27545 does not apply to the receipt, purchase,
or other acquisition of ownership of a firearm by a person who
reports his or her ownership of that firearm to the Department of
Justice pursuant to subdivision (b) of Section 28000 and who is
listed with the Department of Justice pursuant to Section 11106
as the registered owner of the firearm.

SEC. 4.  

Section 28000 of the Penal Code is amended to read:

28000.  

begin delete A end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), a end insert person
who is exempt from Section 27545 or is otherwise not required
by law to report acquisition, ownership, destruction, or disposal
of a firearm, or who moves out of this state with the person’s
firearm, may report that information to the Department of Justice
in a format prescribed by the department.

begin insert

(b) (1) This subdivision applies only to an individual who
reports his or her ownership of a firearm to the Department of
Justice and states that his or her receipt, purchase, or other
acquisition of the firearm is exempt from the requirements of
Section 27545 pursuant to Section 27965.

end insert begin insert

(2) A person described in paragraph (1) shall report his or her
ownership of a firearm in accordance with the procedures of and
in a format prescribed by the department.

end insert begin insert

(3) Unless subdivision (c) applies, firearms shall be registered
in accordance with this section within 30 days of the receipt of the
report described in paragraph (2) by the department and all fees
required by paragraph (3) of subdivision (a) of Section 28230.

end insert begin insert

(c) A firearm that is reported pursuant to subdivision (a) or (b)
shall not be entered into the registry specified in Section 11106
as being registered to the person making the report if any of the
following applies:

end insert begin insert

(1) The person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.

end insert begin insert

(2) All fees required by paragraph (3) of subdivision (a) of
Section 28230 have not been paid.

end insert begin insert

(3) The firearm is any of the following:

end insert begin insert

(A) Prohibited by Section 16590.

end insert begin insert

(B) An assault weapon as defined in Section 30510 or 30515.

end insert begin insert

(C) A machinegun as defined in Section 16880.

end insert begin insert

(D) A .50 BMG rifle as defined in Section 30530.

end insert begin insert

(E) A destructive device as defined in Section 16460.

end insert begin insert

(4) The person is a minor.

end insert begin insert

(5) The firearm has been reported lost or stolen pursuant to
Section 11108.

end insert begin insert

(d) If a firearm is reported pursuant to subdivision (b), in
addition to the restrictions set forth in subdivision (c), the firearm
shall not be entered into the registry specified in Section 11106
as being registered to that person making the report unless:

end insert begin insert

(1) If the firearm is a handgun, either of the following applies:

end insert begin insert

(A) The person has either a valid firearm safety certificate or
an unexpired handgun safety certificate.

end insert begin insert

(B) The person is exempt from the requirement to have a valid
firearm safety certificate to purchase or receive a firearm.

end insert begin insert

(2) If the firearm is not a handgun, either of the following
applies:

end insert begin insert

(A) The person has a valid firearm safety certificate or an
unexpired handgun safety certificate.

end insert begin insert

(B) The person is exempt from the requirement to have a valid
firearm safety certificate to purchase or receive a firearm.

end insert