Amended in Senate August 19, 2014

Amended in Senate June 17, 2014

Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1609

Introduced by Assembly Member Alejo

February 6, 2014

An act to amend Sections begin delete 16520 and end delete begin insert 11106, 16520, end insert 27590 begin insert , 27600, 27875, 27920, and 28230 end insert of, and to add Section 27585 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1609, as amended, Alejo. Firearms.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser.

This bill would, commencing January 1, 2015, prohibit a resident of this state from importing into this state, bringing into this state, or transporting into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the requirements described above regarding dealers. The bill would create several exemptions to this prohibition, as specified. The bill would make a violation of these provisions involving a firearm that is not a handgun a misdemeanor, and a violation involving a handgun a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.

begin insert

(2) Existing allows the Department of Justice to charge a fee for the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to provisions of law requiring individuals to report the acquisition of a firearm to the department.

end insert begin insert

Some of the exemptions to the requirement to have an imported firearm first delivered to a dealer in the state created by this bill would require the person taking possession of the firearm and importing, bringing, and transporting it into the state to submit a report to the Department of Justice that includes information about the person taking possession of the firearm, how title was obtained, and a description of the firearm. This bill would allow the department to charge a fee for the actual costs associated with the preparation, sale, processing, and filing of these reports.

end insert begin insert

(3) This bill would incorporate additional changes to Sections 16520, and 28230 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. This bill would incorporate additional changes to Section 11106 of the Penal Code, proposed by SB 53 and SB 808, that would become operative only if this bill and either or both of those bills are enacted and this bill is enacted last.

end insert begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

(a) It is the intent of the Legislature in adding
Section 27585 to the Penal Code to do all of the following:

(1) Address the circumstances in which a California resident,
on or after January 1, 2015, acquires a firearm outside of California
and transports, imports, or brings that firearm into California, in
violation of Section 922(a)(3) of Title 18 of the United States Code,
but under circumstances in which Section 27545 of the Penal Code
does not apply.

(2) Allow the current brokering processes set forth in Section
922(a)(3) of Title 18 of the United States Code, Section 27545 of
the Penal Code, and any implementing statutes to continue.

(3) Allow persons who acquire firearms outside of California
by bequest or intestate succession to utilize the functionally same
reporting requirements as apply to an applicable exemption from
Section 27545 if that receipt were to occur within California.

begin insert

(4) To treat the delivery of a firearm made by a dealer pursuant
to subdivision (a) of Section 27585 of the Penal Code in the same
manner as any other dealer delivery of a firearm, including but
not limited to, the application of any exemption from the provisions
of Section 27540 of the Penal Code, or 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 of the Penal
Code.

end insert

(b) It is not the intent of the Legislature in enacting Section
27585 to affect any of the following:

(1) The lending of firearms by or to California residents that
occur solely outside of California.

(2) The lending of firearms in this state which comply with
statutes that currently govern the lending of firearms.

(3) To impose duplicative and unnecessary reporting
requirements where reporting requirements already apply.

(4) Persons who begin delete currently end delete import or bring firearms into
California under begin delete current end delete begin insert existing end insert regulatory statutes who comply
with those statutes.

(5) To narrow the exemption set forth in Section 27600 of the
Penal Code for law enforcement acquisition of firearms irrespective
of where the physical acquisition of the firearm took place.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as amended by
Chapter 103 of the Statutes of 2014, is amended to read: end insert

11106.  

(a) (1) 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 of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225 begin insert , 27875, 27920, end insert or 29830.

(D) Dealers’ records of sales of firearms.

(E) 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.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) 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.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

(2) The Attorney General shall, upon proper application therefor,
furnish the 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.

(F) Section 28255.

(G) 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
which 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) If the conditions specified in paragraph (2) are met, 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 any of the following:

(A) Section 26225 begin insert , 27875, or 27920 end insert .

(B) 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.

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

(D) Chapter 5 (commencing with Section 28050) of Division
6 of Title 4 of Part begin delete 6 end delete begin insert 6. end insert

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

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

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

(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.

(3) 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.

begin insert

begin insert SEC. 2.1. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as amended by
Chapter 103 of the Statutes of 2014, is amended to read: end insert

11106.  

(a) (1) 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 of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225 begin insert , 27875, 27920, end insert or 29830.

(D) Dealers’ records of sales of firearms.

(E) 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.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) 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.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

begin insert

(J) Ammunition vendor license information pursuant to Article
5 (commencing with Section 30380) of Chapter 1 of Division 10
of Title 4 of Part 6.

end insert begin insert

(K) Information required by Section 30352.

end insert

(2) The Attorney General shall, upon proper application therefor,
furnish the 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.

(F) Section 28255.

(G) 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
which 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) If the conditions specified in paragraph (2) are met, 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 any of the following:

(A) Section 26225 begin insert , 27875, or 27920 end insert .

(B) 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.

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

(D) Chapter 5 (commencing with Section 28050) of Division
6 of Title 4 of Part begin delete 6 end delete begin insert 6. end insert

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

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

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

(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.

(3) 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.

begin insert

(d) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of subdivision
(b) of Section 11105 may disseminate the name of a person and
the fact of any ammunition purchases by that person, based on
information supplied to the Department of Justice pursuant to
Section 30352.

end insert begin insert

(2) Information may be disseminated pursuant to paragraph
(1) only if all of the following conditions are satisfied:

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(3) 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.

end insert

begin insert

begin insert SEC. 2.2. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as amended by
Chapter 103 of the Statutes of 2014, is amended to read: end insert

11106.  

(a) (1) 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 of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225 begin insert , 27875, 27920, 29180, end insert or 29830.

(D) Dealers’ records of sales of firearms.

(E) 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.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) 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.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

(2) The Attorney General shall, upon proper application therefor,
furnish the 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.

(F) Section 28255.

begin insert

(G) Section 29180.

end insert 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 begin insert or 29180 end insert , 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
which 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) If the conditions specified in paragraph (2) are met, 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 any of the following:

(A) Section 26225 begin insert , 27875, or 27920 end insert .

(B) 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.

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

(D) Chapter 5 (commencing with Section 28050) of Division
6 of Title 4 of Part begin delete 6 end delete begin insert 6. end insert

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

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

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

(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.

(3) 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.

begin insert

begin insert SEC. 2.3. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert , as amended by
Chapter 103 of the Statutes of 2014, is amended to read: end insert

11106.  

(a) (1) 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 of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225 begin insert , 27875, 27920, 29180, end insert or 29830.

(D) Dealers’ records of sales of firearms.

(E) 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.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) 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.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

begin insert

(J) Ammunition vendor license information pursuant to Article
5 (commencing with Section 30380) of Chapter 1 of Division 10
of Title 4 of Part 6.

end insert begin insert

(K) Information required by Section 30352.

end insert

(2) The Attorney General shall, upon proper application therefor,
furnish the 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.

(F) Section 28255.

begin insert

(G) Section 29180.

end insert 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 begin insert or 29180 end insert , 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
which 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) If the conditions specified in paragraph (2) are met, 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 any of the following:

(A) Section 26225 begin insert , 27875, or 27920 end insert .

(B) 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.

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

(D) Chapter 5 (commencing with Section 28050) of Division
6 of Title 4 of Part begin delete 6 end delete begin insert 6. end insert

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

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

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

(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.

(3) 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.

begin insert

(d) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of subdivision
(b) of Section 11105 may disseminate the name of a person and
the fact of any ammunition purchases by that person, based on
information supplied to the Department of Justice pursuant to
Section 30352.

end insert begin insert

(2) Information may be disseminated pursuant to paragraph
(1) only if all of the following conditions are satisfied:

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(3) 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.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 16520 of the Penal Code is amended to read:

16520.  

(a) As used in this part, “firearm” means a device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of an explosion or other form of
combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

(13) Sections 29610 to 29750, inclusive.

(14) Sections 29800 to 29905, inclusive.

(15) Sections 30150 to 30165, inclusive.

(16) Section 31615.

(17) Sections 31705 to 31830, inclusive.

(18) Sections 34355 to 34370, inclusive.

(19) Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
a rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

(6) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26700 to 26915, inclusive.

(9) Section 27510.

(10) Section 27530.

(11) Section 27540.

(12) Section 27545.

(13) Sections 27555 to 27585, inclusive.

(14) Sections 29010 to 29150, inclusive.

(15) Section 25135.

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 16520 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16520.  

(a) As used in this part, “firearm” means a device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of an explosion or other form of
combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

begin insert

(13) Section 29180.

end insert begin delete

(13)

end delete

begin insert (14) end insert  Sections 29610 to 29750, inclusive.

begin delete

(14)

end delete

begin insert (15) end insert  Sections 29800 to 29905, inclusive.

begin delete

(15)

end delete

begin insert (16) end insert  Sections 30150 to 30165, inclusive.

begin delete

(16)

end delete

begin insert (17) end insert  Section 31615.

begin delete

(17)

end delete

begin insert (18) end insert  Sections 31705 to 31830, inclusive.

begin delete

(18)

end delete

begin insert (19) end insert  Sections 34355 to 34370, inclusive.

begin delete

(19)

end delete

begin insert (20) end insert  Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
a rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

(6) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26700 to 26915, inclusive.

(9) Section 27510.

(10) Section 27530.

(11) Section 27540.

(12) Section 27545.

(13) Sections 27555 to begin delete 27570 end delete begin insert 27585 end insert , inclusive.

(14) Sections 29010 to 29150, inclusive.

(15) Section 25135.

begin insert

(16) Section 29180.

end insert

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 27585 is added to the Penal Code, to read:

27585.  

(a) Commencing January 1, 2015, a resident of this
state shall not import into this state, bring into this state, or
transport into this state, any firearm that he or she purchased or
otherwise obtained on or after January 1, 2015, from outside of
this state unless he or she first has that firearm delivered to a dealer
in this state for delivery to that resident pursuant to the procedures
set forth in Section 27540 and Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) of Chapter
2.

(b) Subdivision (a) does not apply to or affect any of the
following:

(1) A licensed collector who is subject to and complies with
Section 27565.

(2) A dealer, if the dealer is acting in the course and scope of
his or her activities as a dealer.

(3) A wholesaler, if the wholesaler is acting in the course and
scope of his or her activities as a wholesaler.

(4) A person licensed as an importer of firearms or ammunition
or licensed as a manufacturer of firearms or ammunition, pursuant
to Section 921 et seq. of Title 18 of the United States Code and
the regulations issued pursuant thereto if the importer or
manufacturer is acting in the course and scope of his or her
activities as a licensed importer or manufacturer.

(5) A personal firearm importer who is subject to and complies
with Section 27560.

begin delete

(6) A California resident who acquires ownership of a firearm
by bequest or intestate succession who imports the firearm into
this state, brings the firearm into this state, or transports the firearm
into this state if all of the following conditions apply:

(A) If the firearm were physically received within this state, the
receipt of that firearm by that individual by bequest or intestate
succession would be exempt from the provisions of Section 27545.

(B) Within 30 days of that person taking possession of that
firearm and bringing it into this state, he or she shall forward by
prepaid mail, or deliver in person to the Department of Justice, a
report that includes information concerning the individual taking
possession of the firearm, the manner in which title was obtained
and from whom, and a description of the firearm in question. The
report forms that individuals complete pursuant to this subdivision
shall be provided to them by the Department of Justice.

(C) The person has obtained a firearm safety certificate, except
that in the case of a handgun, an unexpired handgun safety
certificate may be used.

(D) The receipt of that firearm by that individual by bequest or
intestate succession is infrequent, as defined in Section 16730.

(E) The person acquiring ownership of that firearm by bequest
or intestate succession is 18 years of age or older.

(7) A California resident who acquires ownership of a firearm
as an executor or administrator of an estate who imports the firearm
into this state, brings the firearm into this state, or transports the
firearm into this state if all of the following conditions apply:

(A) If the firearm were received within this state, the receipt of
that firearm by that executor or administrator would be exempt
from the provisions of Section 27545.

(B)  Within 30 days of that person taking possession of that
firearm and bringing it into this state, he or she shall forward by
prepaid mail, or deliver in person to the Department of Justice, a
report that includes information concerning the individual taking
possession of the firearm, how title was obtained and from whom,
and a description of the firearm in question. The report forms that
individuals complete pursuant to this subdivision shall be provided
to them by the Department of Justice.

(C) If the executor or administrator subsequently acquires
ownership of that firearm in an individual capacity, he or she shall
also comply with Section 27925.

(D) The executor or administrator is 18 years of age or older.

end delete begin insert

(6) A person who complies with subdivision (b) of Section 27875.

end insert begin insert

(7) A person who complies with subdivision (b), (c), or (d) of
Section 27920.

end insert

(8) A person who is on the centralized list of exempted federal
firearms licensees pursuant to Section 28450 if that person is acting
in the course and scope of his or her activities as a licensee.

(9) A firearm regulated pursuant to Chapter 1 (commencing
with Section 18710) of Division 5 of Title 2 acquired by a person
who holds a permit issued pursuant to Article 3 (commencing with
Section 18900) of Chapter 1 of Division 5 of Title 2, if that person
is acting within the course and scope of his or her activities as a
licensee and in accordance with the terms and conditions of the
permit.

(10) A firearm regulated pursuant to Chapter 2 (commencing
with Section 30500) of Division 10 acquired by a person who holds
a permit issued pursuant to Section 31005, if that person is acting
within the course and scope of his or her activities as a licensee
and in accordance with the terms and conditions of the permit.

(11) A firearm regulated pursuant to Chapter 6 (commencing
with Section 32610) of Division 10 acquired by a person who holds
a permit issued pursuant to Section 32650, if that person is acting
within the course and scope of his or her activities as a licensee
and in accordance with the terms and conditions of the permit.

(12) A firearm regulated pursuant to Article 2 (commencing
with Section 33300) of Chapter 8 of Division 10 acquired by a
person who holds a permit issued pursuant to Section 33300, if
that person is acting within the course and scope of his or her
activities as a licensee and in accordance with the terms and
conditions of the permit.

(13) The importation of a firearm into the state, bringing a
firearm into the state, or transportation of a firearm into the state,
that is regulated by any of the following statutes, if the acquisition
of that firearm occurred outside of California and is conducted in
accordance with the applicable provisions of the following statutes:

(A) Chapter 1 (commencing with Section 18710) of Division
5 of Title 2, relating to destructive devices and explosives.

(B) Section 24410, relating to cane guns.

(C) Section 24510, relating to firearms that are not immediately
recognizable as firearms.

(D) Sections 24610 and 24680, relating to undetectable firearms.

(E) Section 24710, relating to wallet guns.

(F) Chapter 2 (commencing with Section 30500) of Division
10, relating to assault weapons.

(G) Section 31500, relating to unconventional pistols.

(H) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns.

(I) Chapter 6 (commencing with Section 32610) of Division
10, relating to machineguns.

(J) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Division 2 of Title
2, as they relate to zip guns.

(c) The provisions of this section are cumulative and do not
restrict the application of any other law. However, an act or
omission punishable in different ways by this section and different
provisions of this code shall not be punished under more than one
provision.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 27590 of the Penal Code is amended to read:

27590.  

(a) Except as provided in subdivision (b), (c), or (e),
a violation of this article is a misdemeanor.

(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four years.

(1) If the violation is of subdivision (a) of Section 27500.

(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
when it was repealed by Section 18 of Chapter 23 of the Statutes
of 1994, or Section 8101 of the Welfare and Institutions Code.

(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section
32625 or 33410, or of former Section 12560, as that section read
at any time from when it was enacted by Section 4 of Chapter 931
of the Statutes of 1965 to when it was repealed by Section 14 of
Chapter 9 of the Statutes of 1990, or of any provision listed in
Section 16590.

(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of this title, or Section 8100 or
8103 of the Welfare and Institutions Code.

(5) A violation of this article by a person who actively
participates in a “criminal street gang” as defined in Section 186.22.

(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a
minor.

(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170,
or by a fine not to exceed one thousand dollars ($1,000), or by
both that fine and imprisonment.

(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.

(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.

(3) A violation of Section 27510 involving the delivery of a
handgun.

(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
27540 involving a handgun.

(5) A violation of Section 27545 involving a handgun.

(6) A violation of Section 27550.

(7) A violation of Section 27585 involving a handgun.

(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170
for one, two, or three years shall be imposed in addition and
consecutive to the sentence prescribed.

(1) A violation of Section 27510 or subdivision (b) of Section
27500.

(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.

(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).

(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).

(3) A third or subsequent violation of Section 27535 is a
misdemeanor.

(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 27600 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27600.  

(a) Article 1 (commencing with Section 27500) does
not apply to any sale, delivery, or transfer of firearms made to begin insert , or
the importation of firearms by, end insert an authorized law enforcement
representative of any city, county, city and county, or state, or of
the federal government, for exclusive use by that governmental
agency if, prior to the sale, delivery, begin delete or end delete transfer begin insert , or importation end insert of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom
the purchase, delivery, or transfer is being made begin insert or from whom
the firearm is being imported end insert .

(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser
or transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.

(c) Within 10 days of the date a firearm is acquired by the
agency, a record of the same shall be entered as an institutional
weapon into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System
(CLETS) by the law enforcement or state agency. Any agency
without access to the AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.

(d) Any agency that is the registered owner of an institutional
weapon in accordance with subdivision (c) that subsequently
destroys that weapon shall enter information that the weapon has
been destroyed into the Automated Firearms System (AFS) via
the California Law Enforcement Telecommunications System
(CLETS) within 10 days of the destruction in accordance with
procedures prescribed by the Department of Justice. Any agency
without access to the AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 27875 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27875.  

begin insert (a) end insert begin insert   end insert Section 27545 does not apply to the transfer of a
firearm by gift, bequest, intestate succession, or other means from
one individual to another, if all of the following requirements are
met:

begin delete

(a)

end delete

begin insert (1) end insert  The transfer is infrequent, as defined in Section 16730.

begin delete

(b)

end delete

begin insert (2) end insert  The transfer is between members of the same immediate
family.

begin delete

(c)

end delete

begin insert (3) end insert  Within 30 days of taking possession of the firearm, the
person to whom it is transferred shall begin delete forward by prepaid mail, or
deliver in person end delete begin insert submit a report end insert to the Department of Justice, begin delete a
report end delete begin insert in a manner prescribed by the department, end insert that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description
of the firearm in question. The begin delete report forms end delete begin insert reports end insert that individuals
complete pursuant to this begin delete section end delete begin insert subdivision end insert shall be begin delete provided to
them by the Department of Justice end delete begin insert made available to them in a
format prescribed by the department end insert .

begin delete

(d)

end delete

begin insert (4) end insert  Until January 1, 2015, the person taking title to the firearm
shall first obtain a begin insert valid end insert handgun safety certificate if the firearm
is a handgun, and commencing January 1, 2015, a begin insert valid end insert firearm
safety certificate for any firearm, except that in the case of a
handgun, begin delete an end delete begin insert a valid end insert unexpired handgun safety certificate may be
used.

begin delete

(e)

end delete

begin insert (5) end insert  The person receiving the firearm is 18 years of age or older.

begin insert

(b) Subdivision (a) of Section 27585 does not apply to a person
who imports a firearm into this state, brings a firearm into this
state, or transports a firearm into this state if all of the following
requirements are met:

end insert begin insert

(1) The person acquires ownership of the firearm from an
immediate family member by bequest or intestate succession.

end insert begin insert

(2) The person has obtained a valid firearm safety certificate,
except that in the case of a handgun, a valid unexpired handgun
safety certificate may be used.

end insert begin insert

(3) The receipt of any firearm by the individual by bequest or
intestate succession is infrequent, as defined in Section 16730.

end insert begin insert

(4) The person acquiring ownership of the firearm by bequest
or intestate succession is 18 years of age or older.

end insert begin insert

(5) Within 30 days of that person taking possession of the
firearm and importing, bringing, or transporting it into this state,
the person shall submit a report to the Department of Justice, in
a manner prescribed by the department, that includes information
concerning the individual taking possession of the firearm, how
title was obtained and from whom, and a description of the firearm
in question. The reports that individuals complete pursuant to this
subdivision shall be made available to them in a format prescribed
by the department.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 27920 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27920.  

begin insert (a) end insert begin insert   end insert Section 27545 does not apply to a person who takes
title or possession of a firearm by operation of law if the person
is not prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:

begin delete

(a)

end delete

begin insert (1) end insert  If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), begin insert (h), end insert (i), or (j) of Section 16990, the
person shall, within 30 days of taking possession, begin delete forward by
prepaid mail or deliver in person to the Department of Justice, end delete
begin insert submit end insert a report begin delete of end delete begin insert to the Department of Justice, in a manner
prescribed by the department, that includes end insert information concerning
the individual taking possession of the firearm, how title or
possession was obtained and from whom, and a description of the
firearm in question.

begin delete

(b)

end delete

begin insert (2) end insert  If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) begin insert or (h) end insert of Section 16990, the
person shall do both of the following:

begin delete

(1)

end delete

begin insert (A) end insert  Within 30 days of taking possession, begin delete forward by prepaid
mail or deliver in person to the department, a report of end delete begin insert submit a
report to the Department of Justice, in a manner prescribed by the
department, that includes end insert information concerning the individual
taking possession of the firearm, how title or possession was
obtained and from whom, and a description of the firearm in
question.

begin delete

(2)

end delete

begin insert (B) end insert  Until January 1, 2015, prior to taking title or possession of
the firearm, the person shall obtain a handgun safety certificate,
if the firearm is a handgun. Commencing January 1, 2015, prior
to taking title or possession of the firearm, the person shall obtain
a begin insert valid end insert firearm safety certificate for any firearm, except that in the
case of a handgun, begin delete an end delete begin insert a valid end insert unexpired handgun safety certificate
may be presented.

begin delete

(c)

end delete

begin insert (3) end insert  Where the person receiving title or possession of the firearm
is a person described in subdivision (i) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number,
and other identifying characteristics shall be entered into the
Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency that transferred or delivered the
firearm, provided, however, that if the firearm is not a handgun
and does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted in AFS.
An agency without access to AFS shall arrange with the sheriff of
the county in which the agency is located to input this information
via this system.

begin delete

(d)

end delete

begin insert (4) end insert  Where the person receiving title or possession of the firearm
is a person described in subdivision (j) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number,
and other identifying characteristics shall be entered into the AFS
via the CLETS by the law enforcement or state agency that
transferred or delivered the firearm, provided, however, that if the
firearm is not a handgun and does not have a serial number,
identification number, or identification mark assigned to it, that
fact shall be noted in AFS. An agency without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system. In addition, that law
enforcement agency shall not deliver the firearm to the person
referred to in this subdivision unless, prior to the delivery of the
firearm, the person presents proof to the agency that the person is
the holder of a begin insert valid end insert handgun safety certificate if the firearm is a
handgun, and commencing January 1, 2015, a begin insert valid end insert firearm safety
certificate for any firearm, except that in the case of a handgun,
begin delete an end delete begin insert a valid end insert unexpired handgun safety certificate may be presented.

begin insert

(b) Subdivision (a) of Section 27585 does not apply to a person
who imports a firearm into this state, brings a firearm into this
state, or transports a firearm into this state if all of the following
requirements are met:

end insert begin insert

(1) The person acquires ownership of the firearm as an executor
or administrator of an estate.

end insert begin insert

(2) If acquisition of the firearm had occurred within this state,
the receipt of the firearm by the executor or administrator would
be exempt from the provisions of Section 27545 pursuant to
paragraph (1) of subdivision (a).

end insert begin insert

(3) Within 30 days of taking possession of the firearm and
importing, bringing, or transporting it into this state, the person
shall submit a report to the Department of Justice, in a manner
prescribed by the department, that includes information concerning
the individual taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in
question.

end insert begin insert

(4) If the executor or administrator subsequently acquires
ownership of that firearm in an individual capacity, prior to
transferring ownership to himself or herself, he or she shall obtain
a valid firearm safety certificate, except that in the case of a
handgun, a valid unexpired handgun safety certificate may be
used.

end insert begin insert

(5) The executor or administrator is 18 years of age or older.

end insert begin insert

(c) Subdivision (a) of Section 27585 does not apply to a person
who imports a firearm into this state, brings a firearm into this
state, or transports a firearm into this state if all of the following
requirements are met:

end insert begin insert

(1) The person acquires ownership of the firearm by bequest
or intestate succession as a surviving spouse or as the surviving
registered domestic partner of the decedent who owned that
firearm.

end insert begin insert

(2) If acquisition of the firearm had occurred within this state,
the receipt of the firearm by the surviving spouse or registered
domestic partner would be exempt from the provisions of Section
27545 pursuant to paragraph (2) of subdivision (a) by virtue of
subdivision (h) of Section 16990.

end insert begin insert

(3) Within 30 days of taking possession of the firearm and
importing, bringing, or transporting it into this state, the person
shall submit a report to the Department of Justice, in a manner
prescribed by the department, that includes information concerning
the individual taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in
question.

end insert begin insert

(4) The person has obtained a valid firearm safety certificate,
except that in the case of a handgun, a valid unexpired handgun
safety certificate may be used.

end insert begin insert

(d) Subdivision (a) of Section 27585 does not apply to a person
who imports a firearm into this state, brings a firearm into this
state, or transports a firearm into this state if all of the following
requirements are met:

end insert begin insert

(1) The firearm is imported into this country pursuant to
provisions of Section 925(a)(4) of Title 18 of the United States
Code.

end insert begin insert

(2) The person is not subject to the requirements of Section
27560.

end insert begin insert

(3) The firearm is not a firearm that is prohibited by any
provision listed in Section 16590.

end insert begin insert

(4) The firearm is not an assault weapon.

end insert begin insert

(5) The firearm is not a machinegun.

end insert begin insert

(6) The firearm is not a .50 BMG rifle.

end insert begin insert

(7) The firearm is not a destructive device.

end insert begin insert

(8) The person is 18 years of age or older.

end insert begin insert

(9) Within 30 days of that person taking possession of the
firearm and importing, bringing, or transporting it into this state,
the person shall submit a report to the Department of Justice, in
a manner prescribed by the department, that includes information
concerning the individual taking possession of the firearm, how
title was obtained and from whom, and a description of the firearm
in question.

end insert

(e) The reports that individuals complete pursuant to this section
shall be begin delete provided to them by end delete begin insert made available to them in a format
prescribed by end insert the Department of Justice.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 28230 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

28230.  

(a) The Department of Justice may charge a fee
sufficient to reimburse it for each of the following but not to exceed
fourteen dollars ($14), except that the fee may be increased at a
rate not to exceed any increase in the California Consumer Price
Index as compiled and reported by the Department of Industrial
Relations:

(1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.

(2) For the actual processing costs associated with the
submission of a Dealers’ Record of Sale to the department.

(3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, begin insert 27875, end insert 27966, or 28000, begin delete or end delete paragraph (1) of subdivision
(a) of Section 27560 begin insert , or paragraphs (1) and (2) of subdivision (a)
of, and subdivisions (b), (c), and (d) of, Section 27920 end insert .

(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.

(b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.

(c) Any costs incurred by the Department of Justice to
implement this section shall be reimbursed from fees collected
and charged pursuant to this section. No fees shall be charged to
the dealer pursuant to Section 28225 for implementing this section.

begin insert

begin insert SEC. 9.5. end insert   

end insert

begin insert Section 28230 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

28230.  

(a) The Department of Justice may charge a fee
sufficient to reimburse it for each of the following but not to exceed
fourteen dollars ($14), except that the fee may be increased at a
rate not to exceed any increase in the California Consumer Price
Index as compiled and reported by the Department of Industrial
Relations:

(1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.

(2) For the actual processing costs associated with the
submission of a Dealers’ Record of Sale to the department.

(3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, begin insert 27875, end insert 27966, or 28000, begin delete or end delete paragraph (1) of subdivision
(a) of Section 27560 begin insert , or paragraphs (1) and (2) of subdivision (a)
of, and subdivisions (b), (c), and (d) of, Section 27920 end insert .

(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.

begin insert

(5) For the actual costs associated with assigning a
distinguishing number or mark to firearms pursuant to Sections
29180 and 29182.

end insert

(b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.

(c) Any costs incurred by the Department of Justice to
implement this section shall be reimbursed from fees collected
and charged pursuant to this section. No fees shall be charged to
the dealer pursuant to Section 28225 for implementing this section.

begin insert

begin insert SEC. 10. end insert   

end insert begin insert

(a) Section 2.1 of this bill incorporates amendments
to Section 11106 of the Penal Code proposed by both this bill and
Senate Bill 53. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 11106 of the Penal Code, and (3) Senate
Bill 808 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Senate Bill 53, in which case
Sections 2, 2.2 and 2.3 of this bill shall not become operative.

end insert begin insert

(b) Section 2.2 of this bill incorporates amendments to Section
11106 of the Penal Code proposed by both this bill and Senate
Bill 808. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2015, (2) each bill
amends Section 11106 of the Penal Code, (3) Senate Bill 53 is not
enacted or as enacted does not amend that section, and (4) this
bill is enacted after Senate Bill 808, in which case Sections 2, 2.1
and 2.3 of this bill shall not become operative.

end insert begin insert

(c) Section 2.3 of this bill incorporates amendments to Section
11106 of the Penal Code proposed by this bill, Senate Bill 53, and
Senate Bill 808. It shall only become operative if (1) all three bills
are enacted and become effective on or before January 1, 2015,
(2) all three bills amend Section 11106 of the Penal Code, and (3)
this bill is enacted after Senate Bill 53 and Senate Bill 808, in
which case Sections 2, 2.1 and 2.2 of this bill shall not become
operative.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

Section 3.5 of this bill incorporates amendments to
Section 16520 of the Penal Code proposed by both this bill and
Senate Bill 808. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 16520 of the Penal Code, and (3) this
bill is enacted after Senate Bill 808, in which case Section 3 of this
bill shall not become operative.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

Section 9.5 of this bill incorporates amendments to
Section 28230 of the Penal Code proposed by both this bill and
Senate Bill 808. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 28230 of the Penal Code, and (3) this
bill is enacted after Senate Bill 808, in which case Section 9 of this
bill shall not become operative.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 13. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.