BILL NUMBER: AB 1609 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 6, 2014
An act to amend Sections 16520 and 11106,
16520, 27590 , 27600, 27875, 27920, and 28230 of,
and to add Section 27585 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1609, as amended, Alejo. Firearms.
Existing
(1) Existing 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.
(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.
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.
(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.
The
(4) The 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.
(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.
(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 currently import or bring
firearms into California under current
existing 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.
SEC. 2. Section 11106 of the Penal Code
, as amended by Chapter 103 of the Statutes of 2014, is
amended to read:
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 , 27875, 27920, 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 , 27875, or 27920 .
(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 6 6.
(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.
SEC. 2.1. Section 11106 of the Penal
Code , as amended by Chapter 103 of the Statutes of 2014,
is amended to read:
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 , 27875, 27920, 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.
(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.
(K) Information required by Section 30352.
(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 , 27875, or 27920 .
(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 6 6.
(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.
(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.
(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.
SEC. 2.2. Section 11106 of the Penal
Code , as amended by Chapter 103 of the Statutes of 2014,
is amended to read:
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 , 27875, 27920, 29180, 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) Section 29180.
(G)
(H) 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
29180 , 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 , 27875, or 27920 .
(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 6 6.
(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.
SEC. 2.3. Section 11106 of the Penal
Code , as amended by Chapter 103 of the Statutes of 2014,
is amended to read:
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 , 27875, 27920, 29180, 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.
(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.
(K) Information required by Section 30352.
(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) Section 29180.
(G)
(H) 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
29180 , 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 , 27875, or 27920 .
(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 6 6.
(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.
(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.
(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.
SEC. 2. SEC. 3. 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.
SEC. 3.5. 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) Section 29180.
(13)
(14) Sections 29610 to 29750, inclusive.
(14)
(15) Sections 29800 to 29905, inclusive.
(15)
(16) Sections 30150 to 30165, inclusive.
(16)
(17) Section 31615.
(17)
(18) Sections 31705 to 31830, inclusive.
(18)
(19) Sections 34355 to 34370, inclusive.
(19)
(20) 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 27570 27585 ,
inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(16) Section 29180.
(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.
SEC. 3. SEC. 4. 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.
(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.
(6) A person who complies with subdivision (b) of Section 27875.
(7) A person who complies with subdivision (b), (c), or (d) of
Section 27920.
(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.
SEC. 4. SEC. 5. 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.
SEC. 6. Section 27600 of the Penal Code
is amended to read:
27600. (a) Article 1 (commencing with Section 27500) does not
apply to any sale, delivery, or transfer of firearms made to ,
or the importation of firearms by, 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, or
transfer , or importation 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 or from whom the firearm is
being imported .
(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.
SEC. 7. Section 27875 of the Penal Code
is amended to read:
27875. (a) 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:
(a)
(1) The transfer is infrequent, as defined in Section
16730.
(b)
(2) The transfer is between members of the same
immediate family.
(c)
(3) Within 30 days of taking possession of the firearm,
the person to whom it is transferred shall forward by
prepaid mail, or deliver in person submit a report
to the Department of Justice, a report
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 report forms
reports that individuals complete pursuant to this
section subdivision shall be provided
to them by the Department of Justice made available to
them in a format prescribed by the department .
(d)
(4) Until January 1, 2015, the person taking title to
the firearm shall first obtain a valid handgun safety
certificate if the firearm is a handgun, and commencing January 1,
2015, a valid firearm safety certificate for any firearm,
except that in the case of a handgun, an a
valid unexpired handgun safety certificate may be used.
(e)
(5) The person receiving the firearm is 18 years of age
or older.
(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:
(1) The person acquires ownership of the firearm from an immediate
family member by bequest or intestate succession.
(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.
(3) The receipt of any firearm by the individual by bequest or
intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or
intestate succession is 18 years of age or older.
(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.
SEC. 8. Section 27920 of the Penal Code
is amended to read:
27920. (a) 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:
(a)
(1) 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), (h), (i), or (j) of
Section 16990, the person shall, within 30 days of taking possession,
forward by prepaid mail or deliver in person to the
Department of Justice, submit a report
of 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 or possession was obtained and from whom, and a
description of the firearm in question.
(b)
(2) If the person taking title or possession is
receiving the firearm pursuant to subdivision (g) or (h)
of Section 16990, the person shall do both of the following:
(1)
(A) Within 30 days of taking possession,
forward by prepaid mail or deliver in person to the department, a
report of 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 or possession was obtained and from whom, and a
description of the firearm in question.
(2)
(B) 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 valid firearm safety certificate for any
firearm, except that in the case of a handgun, an
a valid unexpired handgun safety certificate may be
presented.
(c)
(3) 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.
(d)
(4) 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 valid handgun safety certificate if the
firearm is a handgun, and commencing January 1, 2015, a valid
firearm safety certificate for any firearm, except that in the
case of a handgun, an a valid unexpired
handgun safety certificate may be presented.
(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:
(1) The person acquires ownership of the firearm as an executor or
administrator of an estate.
(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).
(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.
(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.
(5) The executor or administrator is 18 years of age or older.
(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:
(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.
(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.
(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.
(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.
(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:
(1) The firearm is imported into this country pursuant to
provisions of Section 925(a)(4) of Title 18 of the United States
Code.
(2) The person is not subject to the requirements of Section
27560.
(3) The firearm is not a firearm that is prohibited by any
provision listed in Section 16590.
(4) The firearm is not an assault weapon.
(5) The firearm is not a machinegun.
(6) The firearm is not a .50 BMG rifle.
(7) The firearm is not a destructive device.
(8) The person is 18 years of age or older.
(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.
(e) The reports that individuals complete pursuant to this section
shall be provided to them by made available
to them in a format prescribed by the Department of Justice.
SEC. 9. Section 28230 of the Penal Code
is amended to read:
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, 27875, 27966, or 28000, or
paragraph (1) of subdivision (a) of Section 27560 , or
paragraphs (1) and (2) of subdivision (a) of, and subdivisions (b),
(c), and (d) of, Section 27920 .
(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.
SEC. 9.5. Section 28230 of the Penal
Code is amended to read:
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, 27875, 27966, or 28000, or
paragraph (1) of subdivision (a) of Section 27560 , or
paragraphs (1) and (2) of subdivision (a) of, and subdivisions (b),
(c), and (d) of, Section 27920 .
(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
(5) For the actual costs associated with assigning a
distinguishing number or mark to firearms pursuant to Sections 29180
and 29182.
(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.
SEC. 10. (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.
(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.
(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.
SEC. 11. 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.
SEC. 12. 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.
SEC. 5. SEC. 13. 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.