Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2300

Introduced by Assembly Member Ridley-Thomas

February 21, 2014

An act to amend begin delete Section 30000 end delete begin insert Sections 30000 and 30005 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2300, as amended, Ridley-Thomas. Firearms: Prohibited Armed Persons File.

Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm.

This bill would instead require that the Prohibited Armed Persons File include persons who have ownership or possession of a firearm on or after January 1, 1996. begin insert The bill would also make conforming changes. end insert

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

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

SECTION 1.  

Section 30000 of the Penal Code is amended to
read:

30000.  

(a) The Attorney General shall establish and maintain
an online database to be known as the Prohibited Armed Persons
File. The purpose of the file is to cross-reference persons who have
ownership or possession of a firearm on or after January 1, 1996,
as indicated by a record in the Consolidated Firearms Information
System, and who, subsequent to the date of that ownership or
possession of a firearm, fall within a class of persons who are
prohibited from owning or possessing a firearm.

(b) The information contained in the Prohibited Armed Persons
File shall only be available to those entities specified in, and
pursuant to, subdivision (b) or (c) of Section 11105, through the
California Law Enforcement Telecommunications System, for the
purpose of determining if persons are armed and prohibited from
possessing firearms.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 30005 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

30005.  

The Prohibited Armed Persons File database shall
function as follows:

(a) Upon entry into the Automated Criminal History System of
a disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing
with Section 29800), a conviction for an offense described in
Chapter 3 (commencing with Section 29900), a firearms prohibition
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code, or any firearms possession prohibition identified by the
federal National Instant Criminal Background Check System, the
Department of Justice shall determine if the subject has an entry
in the Consolidated Firearms Information System indicating
possession or ownership of a firearm on or after January 1, begin delete 1991, end delete
begin insert 1996, end insert or an assault weapon registration, or a .50 BMG rifle
registration.

(b) Upon an entry into any department automated information
system that is used for the identification of persons who are
prohibited by state or federal law from acquiring, owning, or
possessing firearms, the department shall determine if the subject
has an entry in the Consolidated Firearms Information System
indicating ownership or possession of a firearm on or after January
1, begin delete 1991, end delete begin insert 1996, end insert or an assault weapon registration, or a .50 BMG
rifle registration.

(c) If the department determines that, pursuant to subdivision
(a) or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm
on or after January 1, begin delete 1991, end delete begin insert 1996, end insert or an assault weapon registration,
or a .50 BMG rifle registration, the following information shall be
entered into the Prohibited Armed Persons File:

(1) The subject’s name.

(2) The subject’s date of birth.

(3) The subject’s physical description.

(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.

(5) The basis of the firearms possession prohibition.

(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.