California Legislature—2013–14 Regular Session

Assembly Bill No. 1798

Introduced by Committee on Public Safety

February 18, 2014

An act to amend Sections 11106, 11108.9, 16190, 16540, 16850, 17170, 17180, 17190, 27210, 28480, and 28490 of the Penal Code, relating to deadly weapons.

LEGISLATIVE COUNSEL’S DIGEST

AB 1798, as introduced, Committee on Public Safety. Deadly weapons.

Existing law requires the Attorney General to keep records of copies of fingerprints and licenses to carry concealed firearms and other documents relating to the transfer of firearms, and authorizes the dissemination of specified information relating to firearms transactions and possession by law enforcement agencies, the courts, and other specified officers if certain conditions are met. Existing law requires local law enforcement agencies to develop a plan for reduction in the number of recovered firearms that cannot be traced due to obliterated serial numbers. Existing law defines the terms “application to purchase,” “firearm safety device,” “locked container,” “short-barreled rifle,” “short-barreled shotgun,” and “shotgun” for purposes of firearms regulation. Existing law requires the producer and facility’s manager of a gun show or event to prepare an annual event and security plan regarding the show or event. Existing law authorizes the Department of Justice to conduct onsite inspections at the business premises of federal firearms licensees, and authorizes the department to adopt regulations necessary to maintain a centralized list of federal firearms licensees and regulate those licensees.

This bill would make technical, nonsubstantive changes to those provisions.

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

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

SECTION 1.  

Section 11106 of the Penal Code is amended to
read:

11106.  

(a)  begin insert (1) end insert begin insert   end insert 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 begin delete all copies of fingerprints, copies of licenses to carry firearms
issued pursuant to Section 26150, 26155, 26170, or 26215,
information reported to the Department of Justice pursuant to
Section 26225 or 29830, dealers’ records of sales of firearms,
reports provided pursuant to Article 1 (commencing with Section
27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant
to any provision listed in subdivision (a) of Section 16585, forms
provided pursuant to Section 12084, as that section read prior to
being repealed, reports provided pursuant to Article 1 (commencing
with Section 26700) and Article 2 (commencing with Section
26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not
dealers’ records of sales of firearms, information provided pursuant
to Section 28255, and reports of stolen, lost, found, pledged, or
pawned property in any city or county of this state, and shall, upon
proper application therefor, furnish this information to the officers
referred to in Section 11105. end delete begin insert all of the following: end insert

begin insert

(A) All copies of fingerprints.

end insert begin insert

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

end insert begin insert

(C) Information reported to the Department of Justice pursuant
to Section 26225 or 29830.

end insert begin insert

(D) Dealers’ records of sales of firearms.

end insert begin insert

(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.

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(H) Information provided pursuant to Section 28255.

end insert begin insert

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

end insert begin insert

(2) The Attorney General shall, upon proper application
therefor, furnish the information to the officers referred to in
Section 11105.

end insert

(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)  begin delete Any end delete begin insert If the conditions specified in paragraph (2) are
met, any end insert 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 begin delete Section 26225, Article 1
(commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
6, Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
Section 28050) of Division 6 of Title 4 of Part 6, Article 2
(commencing with Section 28150) of Chapter 6 of Division 6 of
Title 4 of Part 6, Article 5 (commencing with Section 30900) of
Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
(commencing with Section 33850) of Division 11 of Title 4 of Part
6, or any provision listed in subdivision (a) of Section 16585, if
the following conditions are met: end delete begin insert any of the following: end insert

begin insert

(A) Section 26225.

end insert begin 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.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end 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.

(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.

begin delete

(2)

end delete

begin insert (3) end insert  The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from
bodily harm by the person who is the subject of the record.

SEC. 2.  

Section 11108.9 of the Penal Code is amended to read:

11108.9.  

Each local law enforcement agency shall develop, in
conjunction with and subject to the approval of the Department of
Justice, a succinct Serial Number Restoration Plan setting forth
the goals for reduction in the number of recovered firearms that
cannot be traced due to obliterated serial numbers, and the methods
that the local agency will follow in order to achieve these goals,
including, but not limited to, establishing local programs for
restoring serial numbers and accessing resources of the Department
of Justice or the begin insert federal end insert Bureau of Alcohol, Tobacco, begin delete and end delete Firearms
begin insert and Explosives end insert for restoring serial numbers. These plans shall be
submitted to the Department of Justice by January 1, 2000.

SEC. 3.  

Section 16190 of the Penal Code is amended to read:

16190.  

As used in begin delete Article 2 (commencing with Section 26800)
of Chapter 2 of Division 6 of Title 4, and in Article 1 (commencing
with Section 27500) of Chapter 4 of Division 6 of Title 4, end delete begin insert this
part, end insert “application to purchase” means either of the following:

(a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.

(b) The initial completion and transmission to the Department
of Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.

SEC. 4.  

Section 16540 of the Penal Code is amended to read:

16540.  

As used in begin delete Section 25135 and Division 2 (commencing
with Section 23620) of Title 4, end delete begin insert this part, end insert “firearm safety device”
means a device other than a gun safe that locks and is designed to
prevent children and unauthorized users from firing a firearm. The
device may be installed on a firearm, be incorporated into the
design of the firearm, or prevent access to the firearm.

SEC. 5.  

Section 16850 of the Penal Code is amended to read:

16850.  

As used in begin delete Sections 17740, 23925, 25105, 25205,
25135, and 25610, in Article 3 (commencing with Section 25505)
of Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing
with Section 26350) of Division 5 of Title 4, and in Chapter 7
(commencing with Section 26400) of Division 5 of Title 4, end delete begin insert this
part, end insert “locked container” means a secure container that is fully
enclosed and locked by a padlock, keylock, combination lock, or
similar locking device. The term “locked container” does not
include the utility or glove compartment of a motor vehicle.

SEC. 6.  

Section 17170 of the Penal Code is amended to read:

17170.  

As used in begin delete Sections 16530 and 16640, Sections 17720
to 17730, inclusive, Section 17740, Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, and Article
1 (commencing with Section 33210) of Chapter 8 of Division 10
of Title 4, end delete begin insert this part, end insert “short-barreled rifle” means any of the
following:

(a) A rifle having a barrel or barrels of less than 16 inches in
length.

(b) A rifle with an overall length of less than 26 inches.

(c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.

(d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.

(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined
in subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.

SEC. 7.  

Section 17180 of the Penal Code is amended to read:

17180.  

As used in begin delete Sections 16530 and 16640, Sections 17720
to 17730, inclusive, Section 17740, Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, and Article
1 (commencing with Section 33210) of Chapter 8 of Division 10
of Title 4, end delete begin insert this part, end insert “short-barreled shotgun” means any of the
following:

(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.

(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.

(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.

(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.

(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined
in subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.

SEC. 8.  

Section 17190 of the Penal Code is amended to read:

17190.  

As used in Sections 16530, 16640, 16870, and 17180,
Sections 17720 to 17730, inclusive, Section 17740, begin delete subdivision
(f) of Section 27555, end delete Section 30215, and Article 1 (commencing
with Section 33210) of Chapter 8 of Division 10 of Title 4,
“shotgun” means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed
or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore
either a number of projectiles (ball shot) or a single projectile for
each pull of the trigger.

SEC. 9.  

Section 27210 of the Penal Code is amended to read:

27210.  

(a) The producer and begin delete facility end delete begin insert facility’s end insert manager of a
gun show or event shall prepare an annual event and security plan
and schedule that shall include, at a minimum, the following
information for each show or event:

(1) The type of show or event including, but not limited to,
antique or general firearms.

(2) The estimated number of vendors offering firearms for sale
or display.

(3) The estimated number of attendees.

(4) The number of entrances and exits at the gun show or event
site.

(5) The location, dates, and times of the show or event.

(6) The contact person and telephone number for both the
producer and the facility.

(7) The number of sworn peace officers employed by the
producer or the begin delete facilities end delete begin insert facility’s end insert manager who will be present at
the show or event.

(8) The number of nonsworn security personnel employed by
the producer or the facility’s manager who will be present at the
show or event.

(b) The annual event and security plan shall be submitted by
either the producer or the facility’s manager to the Department of
Justice and the law enforcement agency with jurisdiction over the
facility.

(c) If significant changes have been made since the annual plan
was submitted, the producer shall, not later than 15 days before
commencement of the gun show or event, submit to the department,
the law enforcement agency with jurisdiction over the facility site,
and the facility’s manager, a revised event and security plan,
including a revised list of vendors that the producer knows, or
reasonably should know, will be renting tables, space, or otherwise
participating in the gun show or event.

(d) The event and security plan shall be approved by the
facility’s manager before the event or show, after consultation with
the law enforcement agency with jurisdiction over the facility.

(e) No gun show or event shall commence unless the
requirements of subdivisions (b), (c), and (d) are met.

SEC. 10.  

Section 28480 of the Penal Code is amended to read:

28480.  

(a) The department may conduct onsite inspections at
the business premises of a person on the centralized list described
in Section 28450 to determine compliance with firearms laws
pursuant to the provisions listed in Section 16575.

(b) The department shall work in consultation with the begin insert federal end insert
Bureau of Alcohol, Tobacco, begin delete Firearms, end delete begin insert Firearms end insert and Explosives
to ensure that licensees are not subject to duplicative inspections.

(c) During the inspection the following firearm records shall be
made available for review:

(1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
bound book containing the same information referred to in Section
478.124a and subdivision (e) of Section 478.125 of Title 27 of the
Code of Federal Regulations.

(2) Verification numbers issued pursuant to Section 27555.

(3) Any other records requested by the department to determine
compliance with the provisions listed in Section 16575.

SEC. 11.  

Section 28490 of the Penal Code is amended to read:

28490.  

The department may adopt regulations as necessary to
carry out the provisions of this article, Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800)
of Chapter 2, and Sections 27555 to 27570, inclusive. The
department shall work in consultation with the begin insert federal end insert Bureau of
Alcohol, Tobacco, begin delete Firearms, end delete begin insert Firearms end insert and Explosives to ensure
that state regulations are not duplicative of federal regulations.