Amended in Assembly June 27, 2013

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 thanbegin delete Julyend deletebegin insert Januaryend insert 1,begin delete 2014,end deletebegin insert 2015,end insert require the Department of Justice to establish abegin delete 15-dayend deletebegin insert 30-dayend insert 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 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. 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 and to sell or destroy surrendered firearms, as provided. The bill would require the department to use the specified informationbegin insert provided by the local law enforcement agencyend insert to create a record of each surrendered firearm in the Prohibited Armed Persons File. The bill would also impose a civil fine of up to $2,500 per firearm on a person prohibited from possessing a firearm who still maintains possession of his or her firearm after the amnesty period. The bill would specify thatbegin delete the civil penalty shall not apply to a prohibited person whoend deletebegin insert a prohibited person shall not be charged with illegal possession of a firearm, nor be subject to the fine, if he or sheend insert 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.

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,
5abegin delete 15-dayend deletebegin insert 30-dayend insert amnesty period shall be established, commencing
6on a date to be determined by the Department of Justice but not
7later thanbegin delete Julyend deletebegin insert Januaryend insert 1,begin delete 2014,end deletebegin insert 2015,end insert during which a person
8prohibited from possessing a firearm may surrender his or her
9firearms to a local law enforcement agency without being charged
10with illegal possession of firearms, as provided in subdivision (e).
11No person convicted of a felony shall be permitted to participate
12in the amnesty period.

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
P3    1notification shall specify the firearms possessed by the prohibited
2person and provide instructions for the surrender of the illegal
3firearms.

4(c) 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.

14(d) The department shall enter the information received pursuant
15to subdivision (c) in the Prohibited Armed Persons File to create
16a record of each firearm surrendered during the amnesty period.

17(e) A prohibited person who surrenders a firearm pursuant to
18subdivision (a) shall not be charged with illegal possession of
19firearms for any firearm the department has on record as having
20been surrendered pursuant to subdivision (d).

21(f) begin delete(1)end deletebegin deleteend deleteAt the expiration of thebegin delete 15-dayend deletebegin insert 30-dayend insert amnesty period
22described in subdivision (a), a person prohibited from possessing
23a firearm who still maintains possession of his or her firearms shall
24be subject to a civil fine of up to two thousand five hundred dollars
25($2,500) per firearm in addition to any criminal penalties authorized
26by law, including, but not limited to, penalties described in Chapter
273 (commencing with Section 29900) of this code and Sections
288100 and 8103 of the Welfare and Institutions Code.

begin delete

29(2) The civil penalty described in paragraph (1) shall not apply
30to a prohibited person who provides evidence satisfactory to the
31department that he or she lawfully surrendered his or her firearm
32prior to the commencement of the amnesty period.

end delete
begin insert

33(g) A prohibited person shall not to be charged with illegal
34possession of a firearm, nor be subject to the fine described in
35subdivision (f), if he or she provides evidence satisfactory to the
36department that he or she lawfully surrendered his or her firearm
37prior to the commencement of the amnesty period.

end insert
begin delete

38(g)

end delete

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

begin delete

4(h) Section 27545 and Chapter 5 (commencing with Section
528050)

end delete

6begin insert(i)end insertbegin insertend insertbegin insertSections 26500 and 27545, and subdivision (a) of Section
731615,end insert
shall not apply to the surrender of firearms to a local law
8enforcement agency pursuant to this section.

9

SEC. 2.  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



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