Amended in Senate May 24, 2013

Amended in Senate April 11, 2013

Senate BillNo. 38


Introduced by Senator De León

December 5, 2012


An act to add Section 30009 to the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 38, as amended, De León. Firearms: prohibited persons.

Existing law requires the Attorney General to establish and maintain an online database, known as the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession, became a person who is prohibited from owning or possessing a firearm.

This bill would, no later than July 1, 2014, require the Department of Justice to establish a 15-day amnesty period during which a person prohibited from possessing a firearm may surrender his or her firearms to a local law enforcement agency without being charged with illegal possession of a firearm, except as specified.begin insert The bill would require the department to provide written notification of the amnesty period to prohibited persons who are eligible to participate in the amnesty period, and would require the notification to include certain information.end insert The bill would require a local law enforcement agency that receives a firearm from a prohibited person during the amnesty period to report specified information to the departmentbegin insert and to sell or destroy surrendered firearms, as providedend insert. The bill would require the department to use the specified information to create a record of each surrendered firearm in the Prohibited Armed Persons File. The bill would also impose a civil finebegin insert ofend insert up to $2,500 per firearm on a person prohibited from possessing a firearm who still maintains possession of his or herbegin delete firearmsend deletebegin insert firearmend insert after the amnesty period. The bill wouldbegin delete authorize the department to conduct a public awareness campaign in conjunction with local law enforcement to promote the amnesty period, as specified.end deletebegin insert specify that the civil penalty shall not apply to a prohibited person who provides evidence satisfactory to the department that he or she lawfully surrendered his or her firearm prior to the commencement of the amnesty period. Because this bill would impose additional duties on local law enforcement agencies, this bill would create a state-mandated local program.end insert

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1

SECTION 1.  

Section 30009 is added to the Penal Code, to
2read:

3

30009.  

(a) In order to reduce the number of firearms possessed
4by prohibited persons listed in the Prohibited Armed Persons File,
5a 15-day amnesty period shall be established, commencing on a
6date to be determined by the Department of Justice but not later
7than July 1, 2014, during which a person prohibited from
8possessing a firearm may surrender his or her firearms to a local
9law enforcement agency without being charged with illegal
10possession of firearms, as provided in subdivisionbegin delete (d)end deletebegin insert (e)end insert. No
11person convicted of a felony shall be permitted to participate in
12the amnesty period.

begin insert

13(b) The department shall provide written notification of the
14amnesty period to all prohibited persons eligible to participate in
15the amnesty period by first-class mail no later than 60 calendar
16days prior to the commencement of the amnesty period. The
17notification shall specify the firearms possessed by the prohibited
P3    1person and provide instructions for the surrender of the illegal
2firearms.

end insert
begin delete

3(b)

end delete

4begin insert(c)end insert For each instance in which a local law enforcement agency
5receives a firearm from a prohibited person during the amnesty
6period described in subdivision (a), the agency shall submit to the
7department the following information:

8(1) The name of the prohibited person who surrendered the
9firearm.

10(2) The person’s date of birth.

11(3) A description of the firearm or firearms surrendered.

12(4) The serial number of the firearm or firearms surrendered.

13(5) Any other information deemed necessary by the department.

begin delete

14(c)

end delete

15begin insert(d)end insert The department shall enter the information received pursuant
16to subdivisionbegin delete (b)end deletebegin insert (c)end insert in the Prohibited Armed Persons File to create
17a record of each firearm surrendered during the amnesty period.

begin delete

18(d)

end delete

19begin insert(e)end insert A prohibited person who surrenders a firearm pursuant to
20subdivision (a) shall not be charged with illegal possession of
21firearms for any firearm the department has on record as having
22been surrendered pursuant to subdivisionbegin delete (c)end deletebegin insert (d)end insert.

begin delete

23(e)

end delete

24begin insert(f)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertAt the expiration of the 15-day amnesty period described
25in subdivision (a), a person prohibited from possessing a firearm
26who still maintains possession of his or her firearms shall be subject
27to a civil fine of up to two thousand five hundred dollars ($2,500)
28per firearm in addition tobegin insert anyend insert criminal penalties authorized by law,
29including, but not limited to, penalties described in Chapter 3
30(commencing with Section 29900) of this code and Sections 8100
31and 8103 of the Welfare and Institutions Code.

begin delete

32(f) The department may conduct a public awareness campaign
33in conjunction with local law enforcement to promote the amnesty
34period described in this section and to educate prohibited persons
35on how to surrender firearms to law enforcement in a safe and
36secure manner.

end delete
begin insert

37(2) The civil penalty described in paragraph (1) shall not apply
38to a prohibited person who provides evidence satisfactory to the
39department that he or she lawfully surrendered his or her firearm
40prior to the commencement of the amnesty period.

end insert
begin insert

P4    1(g) Any firearms surrendered to a local law enforcement agency
2pursuant to this section shall be sold or destroyed as provided in
3Section 18005.

end insert
begin insert

4(h) Section 27545 and Chapter 5 (commencing with Section
528050) shall not apply to the surrender of firearms to a local law
6enforcement agency pursuant to this section.

end insert
7

SEC. 2.  

If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.



O

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