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. 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 department. 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 fine up to $2,500 per firearm on a person prohibited from possessing a firearm who still maintains possession of his or her
begin delete firearmsend delete after the amnesty period. The bill would begin delete authorize the department to conduct a public awareness campaign in conjunction with local law enforcement to promote the amnesty period, as specified.end delete
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:
Section 30009 is added to the Penal Code, to
(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 subdivision
begin delete (d)end delete. No
11person convicted of a felony shall be permitted to participate in
12the amnesty period.
4 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
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.
15 The department shall enter the information received pursuant
begin delete (b)end delete in the Prohibited Armed Persons File to create
17a record of each firearm surrendered during the amnesty period.
19 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 subdivision
begin delete (c)end delete.
24At 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 to 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.
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
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.