Amended in Assembly August 6, 2013

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 than January 1, 2015, require the Department of Justice to establish a 30-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 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 information provided by the local law enforcement agency 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 firearmbegin insert and who is eligible for the amnesty programend insert who still maintains possession of his or her firearm after the amnesty period. The bill would specify that a prohibited person shall not be charged with illegal possession of a firearm, nor be subject to the fine, if he or she 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,
5a 30-day amnesty period shall be established, commencing on a
6date to be determined by the Department of Justice but not later
7than January 1, 2015, 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 (e). No person
11convicted of a felony shall be permitted to participate in the
12amnesty 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
P3    1days prior to the commencement of the amnesty period. The
2notification shall specify the firearms possessed by the prohibited
3person and provide instructions for the surrender of the illegal
4firearms.

5(c) For each instance in which a local law enforcement agency
6receives a firearm from a prohibited person during the amnesty
7period described in subdivision (a), the agency shall submit to the
8department the following information:

9(1) The name of the prohibited person who surrendered the
10firearm.

11(2) The person’s date of birth.

12(3) A description of the firearm or firearms surrendered.

13(4) The serial number of the firearm or firearms surrendered.

14(5) Any other information deemed necessary by the department.

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

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

22(f) At the expiration of the 30-day amnesty period described in
23subdivision (a), a person prohibited from possessing a firearmbegin insert and
24eligible to participate in the amnesty programend insert
who still maintains
25possession of his or her firearms shall be subject to a civil fine of
26up to two thousand five hundred dollars ($2,500) per firearm in
27addition to any criminal penalties authorized by law, including,
28but not limited to, penalties described in Chapter 3 (commencing
29with Section 29900) of this code and Sections 8100 and 8103 of
30the Welfare and Institutions Code.

31(g) A prohibited person shall not to be charged with illegal
32possession of a firearm, nor be subject to the fine described in
33subdivision (f), if he or she provides evidence satisfactory to the
34department that he or she lawfully surrendered his or her firearm
35prior to the commencement of the amnesty period.

36(h) Any firearms surrendered to a local law enforcement agency
37pursuant to this section shall be sold or destroyed as provided in
38Section 18005.

P4    1(i) Sections 26500 and 27545, and subdivision (a) of Section
231615, shall not apply to the surrender of firearms to a local law
3enforcement agency pursuant to this section.

4

SEC. 2.  

If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.



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