SB 299, as introduced, DeSaulnier. Firearms: lost or stolen: reports.
(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center.
This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it a misdemeanor for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false.
By creating new crimes, this bill would impose a state-mandated local program.
The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice automated property system for firearms.
By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified.
(2) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person’s handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase.
This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill.
(3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16520 of the Penal Code is amended to
2read:
(a) As used in this part, “firearm” meansbegin delete aend deletebegin insert anyend insert device,
4designed to be used as a weapon, from which is expelled through
5a barrel, a projectile by the force ofbegin delete anend deletebegin insert anyend insert explosion or other form
6of combustion.
7(b) As used in the following provisions, “firearm” includes the
8frame or receiver of the weapon:
9(1) Section 16550.
10(2) Section 16730.
11(3) Section 16960.
12(4) Section 16990.
13(5) Section 17070.
14(6) Section 17310.
begin insert15(7) Sections 25250 to 25275, inclusive
end insert16(7)
end delete17begin insert(8)end insert Sections 26500 to 26588, inclusive.
18(8)
end delete19begin insert(9)end insert Sections 26600 to 27140, inclusive.
20(9)
end delete21begin insert(10end insertbegin insert)end insert Sections 27400 to 28000, inclusive.
22(10)
end delete23begin insert(11)end insert Section 28100.
24(11)
end delete25begin insert(12)end insert Sections 28400 to 28415, inclusive.
26(12)
end delete27begin insert(13)end insert Sections 29010 to 29150, inclusive.
28(13)
end delete29begin insert(14end insertbegin insert)end insert Sections 29610 to 29750, inclusive.
30(14)
end delete31begin insert(15end insertbegin insert)end insert Sections 29800 to 29905, inclusive.
32(15)
end delete33begin insert(16end insertbegin insert)end insert Sections 30150 to 30165, inclusive.
34(16)
end delete35begin insert(17end insertbegin insert)end insert Section 31615.
36(17)
end delete37begin insert(18end insertbegin insert)end insert Sections 31705 to 31830, inclusive.
38(18)
end deleteP4 1begin insert(19end insertbegin insert)end insert Sections 34355 to 34370, inclusive.
2(19)
end delete
3begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
4Institutions Code.
5(c) As used in the following provisions, “firearm” also includes
6begin delete aend deletebegin insert
anyend insert rocket, rocket propelled projectile launcher, or similar device
7containingbegin delete anend deletebegin insert anyend insert explosive or incendiary material, whether or not
8the device is designed for emergency or distress signaling purposes:
9(1) Section 16750.
10(2) Subdivision (b) of Section 16840.
11(3) Section 25400.
12(4) Sections 25850 to 26025, inclusive.
13(5) Subdivisions (a), (b), and (c) of Section 26030.
14(6) Sections 26035 to 26055, inclusive.
15(d) As used in the following provisions, “firearm” does not
16include an unloaded antique firearm:
17(1) Subdivisions (a) and (c) of Section 16730.
18(2) Section 16550.
19(3) Section 16960.
20(4) Section 17310.
begin insert21(5) Division 4.5 (commencing with Section 25250) of Title 4.
end insert22(5)
end delete
23begin insert(6)end insert Chapter 6 (commencing with Section 26350) of Division 5
24of Title 4.
25(6)
end delete
26begin insert(7)end insert Chapter 7 (commencing with Section 26400) of Division 5
27of Title 4.
28(7)
end delete29begin insert(8)end insert Sections 26500 to 26588, inclusive.
30(8)
end delete31begin insert(9)end insert Sections 26700 to 26915, inclusive.
32(9)
end delete33begin insert(10)end insert Section 27510.
34(10)
end delete35begin insert(11)end insert Section 27530.
36(11)
end delete37begin insert(12)end insert Section 27540.
38(12)
end delete39begin insert(13)end insert Section 27545.
40(13)
end deleteP5 1begin insert(14)end insert Sections 27555 to 27570, inclusive.
2(14)
end delete3begin insert(15end insertbegin insert)end insert Sections 29010 to 29150, inclusive.
4(e) As used in Sections 34005 and 34010, “firearm” does not
5include a destructive device.
6(f) As used in Sections 17280 and 24680, “firearm” has the
7same meaning as in Section 922 of Title 18 of the United States
8Code.
9(g) As used in Sections 29010 to 29150, inclusive, “firearm”
10includes the unfinished frame or receiver of a weapon that can be
11readily converted to the functional condition of a finished frame
12or receiver.
Division 4.5 (commencing with Section 25250) is
14added to Title 4 of Part 6 of the Penal Code, to read:
15
(a) Commencing January 1, 2014, every person shall
19report the theft or loss of a firearm he or she owns or possesses to
20a local law enforcement agency in the jurisdiction in which the
21theft or loss occurred within 48 hours of the time he or she knew
22or reasonably should have known that the firearm had been stolen
23or lost.
24(b) Every person who has reported a firearm lost or stolen under
25subdivision (a) shall notify the local law enforcement agency in
26the jurisdiction in which the theft or loss occurred within 48 hours
27if the firearm is subsequently recovered by the person.
Section 25250 shall not apply to the following:
29(a) Any law enforcement agency or peace officer acting within
30the course and scope of his or her employment or official duties
31if he or she reports the loss or theft to his or her employing agency.
32(b) Any United States Marshal or member of the Armed Forces
33of the United States or the National Guard, while engaged in his
34or her official duties.
35(c) Any person who is licensed, pursuant to Chapter 44
36(commencing with Section 921) of Title 18 of the United States
37Code and the regulations issued pursuant thereto, and who reports
38the theft or loss in accordance with Section 923(g)(6) of Title 18
39
of the United States Code, or the successor provision thereto, and
40applicable regulations issued thereto.
P6 1(d) Any person whose firearm was lost or stolen prior to January
21, 2014.
Pursuant to Section 11108, every sheriff or police chief
4shall submit a description of each firearm which has been reported
5lost or stolen directly into the Department of Justice automated
6property system for firearms.
(a) Every person who violates Section 25250 is, for a
8first violation, guilty of an infraction punishable by a fine not to
9exceed one hundred dollars ($100).
10(b) Every person who violates Section 25250 is, for a second
11violation, guilty of an infraction, punishable by a fine not exceeding
12one thousand dollars ($1,000).
13(c) Every person who violates Section 25250 is, for a third or
14subsequent violation, guilty of a misdemeanor, punishable by
15imprisonment in a county jail not exceeding six months, or by a
16fine not exceeding one thousand dollars ($1,000), or by both that
17fine and imprisonment.
Every person reporting a lost or stolen firearm pursuant
19to Section 25250 shall report the make, model, and serial number
20of the firearm, if known by the person.
Commencing January 1, 2014, no person shall report
22to a local law enforcement agency that a firearm has been lost or
23stolen, knowing the report to be false. A violation of this section
24is a misdemeanor.
Section 26835 of the Penal Code is amended to read:
A licensee shall post conspicuously within the licensed
27premises the following warnings in block letters not less than one
28inch in height:
29
30(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
31PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
32A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
33USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
34IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
35MISDEMEANOR OR A FELONY UNLESS YOU STORED
36THE FIREARM IN A LOCKED CONTAINER OR LOCKED
37THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
38FROM TEMPORARILY FUNCTIONING.”
39(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
40FIREARM CAPABLE OF BEING CONCEALED UPON THE
P7 1PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
2OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
3GAINS ACCESS TO THE FIREARM, AND CARRIES IT
4OFF-PREMISES, YOU MAY BE GUILTY OF A
5MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
6A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
7A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
8FUNCTIONING.”
9(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
10PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
11A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
12THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
13SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
14GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
15TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
16STORED THE FIREARM IN A LOCKED CONTAINER, OR
17LOCKED THE FIREARM WITH A LOCKING DEVICE.”
18(d) “DISCHARGING FIREARMS IN POORLY VENTILATED
19AREAS, CLEANING FIREARMS, OR HANDLING
20AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
21SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
22REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL
23INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
24WASH HANDS THOROUGHLY AFTER EXPOSURE.”
25(e) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
26DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
27THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
28DAYS AFTER YOU COMPLETE THE INITIAL
29BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
30TO GO THROUGH THE BACKGROUND CHECK PROCESS
31A SECOND TIME IN ORDER TO TAKE PHYSICAL
32POSSESSION OF THAT FIREARM.”
33(f) “NO PERSON SHALL MAKE AN APPLICATION TO
34PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
35OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
36THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
37DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
38MADE AN APPLICATION TO PURCHASE MORE THAN ONE
39PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
P8 1BEING CONCEALED UPON THE PERSON WITHIN ANY
230-DAY PERIOD.”
3(g) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
4STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
5LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
6OR THEFT OCCURRED WITHIN 48 HOURS OF THE TIME
7YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
8THE FIREARM HAD BEEN LOST OR STOLEN.”
9
Section 27535 of the Penal Code is amended to read:
(a) No person shall make an application to purchase
12more than one handgun within any 30-day period.
13(b) Subdivision (a) shall not apply to any of the following:
14(1) Any law enforcement agency.
15(2) Any agency duly authorized to perform law enforcement
16duties.
17(3) Any state or local correctional facility.
18(4) Any private security company licensed to do business in
19California.
20(5) Any person who is properly identified as a full-time paid
21peace
officer, as defined in Chapter 4.5 (commencing with Section
22830) of Title 3 of Part 2, and who is authorized to, and does carry
23a firearm during the course and scope of employment as a peace
24officer.
25(6) Any motion picture, television, or video production company
26or entertainment or theatrical company whose production by its
27nature involves the use of a firearm.
28(7) Any person who may, pursuant to Article 2 (commencing
29with Section 27600), Article 3 (commencing with Section 27650),
30or Article 4 (commencing with Section 27700), claim an exemption
31from the waiting period set forth in Section 27540.
32(8) Any transaction conducted through a licensed firearms dealer
33pursuant to Chapter 5 (commencing with Section 28050).
34(9) Any person who is licensed as a
collector pursuant to Chapter
3544 (commencing with Section 921) of Title 18 of the United States
36Code and the regulations issued pursuant thereto, and has a current
37certificate of eligibility issued by the Department of Justice
38pursuant to Article 1 (commencing with Section 26700) of Chapter
392.
P9 1(10) The exchange of a handgun where the dealer purchased
2that firearm from the person seeking the exchange within the
330-day period immediately preceding the date of exchange or
4replacement.
5(11) The replacement of a handgun when the person’s handgun
6was lost or stolen, and the person reported that firearm lost or
7stolenbegin insert pursuant to Section 25250end insert prior to the completion of the
8application to purchasebegin delete to any local law enforcement agency of begin insert
the
9the city, county, or city and county in which the person residesend delete
10replacement handgunend insert.
11(12) The return of any handgun to its owner.
12(13) A community college that is certified by the Commission
13on Peace Officer Standards and Training to present the law
14enforcement academy basic course or other commission-certified
15law enforcement training.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution for certain
18costs that may be incurred by a local agency or school district
19because, in that regard, this act creates a new crime or infraction,
20eliminates a crime or infraction, or changes the penalty for a crime
21or infraction, within the meaning of Section 17556 of the
22Government Code, or changes the definition of a crime within the
23meaning of Section 6 of Article XIII B of the California
24Constitution.
25However, if the Commission on State Mandates determines that
26this act contains other costs mandated by the state, reimbursement
27to local agencies and school districts for those costs
shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
O
99