Amended in Assembly April 9, 2014

Amended in Assembly March 3, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1545


Introduced by Assembly Member Gray

January 23, 2014


An act to amendbegin delete Sections 27570 and 28000end deletebegin insert Section 27570end insert of,begin insert to amend, repeal, and add Section 28000 of,end insert and to addbegin insert and repealend insert Section 27965begin delete to,end deletebegin insert of,end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1545, as amended, 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 wouldbegin insert, until January 1, 2019,end insert create an exemption from this requirement to complete a firearms transaction through a licensed dealer for a person whobegin insert obtains the firearm through a private party transfer prior to January 1, 2015, andend insert 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.begin delete 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.end delete

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

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

P2    1

SECTION 1.  

Section 27570 of the Penal Code is amended to
2read:

3

27570.  

(a) It is the intent of the Legislature that a violation of
4Section 27560 or 27565 shall not constitute a “continuing offense”
5and the statute of limitations for commencing a prosecution for a
6violation of Section 27560 or 27565 commences on the date that
7the applicable grace period specified in Section 27560 or 27565
8expires.

9(b) Sections 27560 and 27565 shall not apply to a person who
10reports ownership of a firearm after the applicable grace period
11specified in Section 27560 or 27565 expires if evidence of that
12violation arises only as the result of the person submitting the
13report described in Section 27560 or 27565.

14(c) Section 27545 shall not apply to a person who reports
15ownership of a firearm pursuant to subdivision (b) of Section 28000
16if evidence of that violation arises only as the result of the person
17submitting the report described in that subdivision.

18

SEC. 2.  

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

19

27965.  

begin insert(a)end insertbegin insertend insert Section 27545 does not apply to the receipt,
20purchase, or other acquisition of ownership of a firearm by a person
21begin insert through a private party transfer before January 1, 2015,end insert who
22reports his or her ownership of that firearm to the Department of
23Justice pursuant to subdivision (b) of Sectionbegin delete 28000 and who is
24listed with the Department of Justice pursuant to Section 11106
25as the registered owner of the firearm.end delete
begin insert 28000.end insert

begin insert

P3    1(b) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

end insert
4

SEC. 3.  

Section 28000 of the Penal Code is amended to read:

5

28000.  

(a) Except as provided in subdivision (b), a person
6who is exempt from Section 27545 or is otherwise not required
7by law to report acquisition, ownership, destruction, or disposal
8of a firearm, or who moves out of this state with the person’s
9firearm, may report that information to the Department of Justice
10in a format prescribed by the department.

11(b) (1) This subdivision applies only to an individual who
12begin insert acquired a firearm through a private party transfer before January
131, 2015, and whoend insert
reports his or her ownership of a firearm to the
14Department of Justice and states that his or her receipt, purchase,
15or other acquisition of the firearm is exempt from the requirements
16of Section 27545 pursuant to Section 27965.

17(2) A person described in paragraph (1) shall report his or her
18ownership of a firearm in accordance with the procedures of and
19in a format prescribed by the department.

20(3) Unless subdivision (c) applies, firearms shall be registered
21in accordance with this section within 30 days of the receipt of the
22report described in paragraph (2) by the department and all fees
23required by paragraph (3) of subdivision (a) of Section 28230.

24(c) A firearm that is reported pursuant to subdivision (a) or (b)
25shall not be entered into the registry specified in Section 11106 as
26being registered to the person making the report if any of the
27following applies:

28(1) The person is prohibited by state or federal law from
29possessing, receiving, owning, or purchasing a firearm.

30(2) All fees required by paragraph (3) of subdivision (a) of
31Section 28230 have not been paid.

32(3) The firearm is any of the following:

33(A) Prohibited by Section 16590.

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

35(C) A machinegun as defined in Section 16880.

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

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

38(4) The person is a minor.

39(5) The firearm has been reported lost or stolen pursuant to
40Section 11108.

P4    1(d) If a firearm is reported pursuant to subdivision (b), in
2addition to the restrictions set forth in subdivision (c), the firearm
3shall not be entered into the registry specified in Section 11106 as
4being registered to that person making the report unless:

5(1) If the firearm is a handgun, either of the following applies:

6(A) The person has either a valid firearm safety certificate or
7an unexpired handgun safety certificate.

8(B) The person is exempt from the requirement to have a valid
9firearm safety certificate to purchase or receive a firearm.

10(2) If the firearm is not a handgun, either of the following
11applies:

12(A) The person has a valid firearm safety certificate or an
13unexpired handgun safety certificate.

14(B) The person is exempt from the requirement to have a valid
15firearm safety certificate to purchase or receive a firearm.

begin insert

16(e) This section shall remain in effect only until January 1, 2019,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2019, deletes or extends that date.

end insert
19begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 28000 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
20

begin insert28000.end insert  

(a) A person who is exempt from Section 27545 or is
21otherwise not required by law to report the acquisition, ownership,
22destruction, or disposal of a firearm, or who moves out of this
23state with the person’s firearm, may report that information to the
24Department of Justice in a format prescribed by the department.

25(b) A firearm that is reported pursuant to subdivision (a) shall
26not be entered into the registry specified in Section 11106 as being
27registered to the person making the report if any of the following
28applies:

29(1) The person is prohibited by state or federal law from
30possessing, receiving, owning, or purchasing a firearm.

31(2) All fees required by paragraph (3) of subdivision (a) of
32Section 28230 have not been paid.

33(3) The firearm is any of the following:

34(A) Prohibited by Section 16590.

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

36(C) A machinegun as defined in Section 16880.

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

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

39(4) The person is a minor.

P5    1(5) The firearm has been reported lost or stolen pursuant to
2Section 11108.

3(c) This section shall become operative on January 1, 2019.

end insert


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