SB 299, as amended, 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.begin insert The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm.end insert
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” means any device,
4designed to be used as a weapon, from which is expelled through
5a barrel, a projectile by the force of any 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.
15(7) Sections 25250 to 25275, inclusive.
16(8) Sections 26500 to 26588, inclusive.
17(9) Sections 26600 to 27140, inclusive.
18(10) Sections 27400 to 28000, inclusive.
19(11) Section 28100.
20(12) Sections 28400 to 28415, inclusive.
21(13) Sections 29010 to 29150, inclusive.
22(14) Sections 29610 to 29750, inclusive.
23(15) Sections 29800 to 29905, inclusive.
24(16) Sections 30150 to 30165, inclusive.
25(17) Section 31615.
26(18) Sections 31705 to 31830, inclusive.
27(19) Sections 34355 to 34370, inclusive.
28(20) Sections 8100, 8101, and 8103 of the Welfare and
29Institutions Code.
30(c) As used in the following provisions, “firearm” also includes
31any rocket, rocket propelled projectile launcher, or similar device
32containing any explosive or incendiary material, whether or not
33the device is designed for emergency or distress signaling purposes:
34(1) Section 16750.
35(2) Subdivision (b) of Section 16840.
36(3) Section 25400.
37(4) Sections 25850 to 26025, inclusive.
38(5) Subdivisions (a), (b), and (c) of Section 26030.
P4 1(6) Sections 26035 to 26055, inclusive.
2(d) As used in the following provisions, “firearm” does not
3include an unloaded antique firearm:
4(1) Subdivisions (a) and (c) of Section 16730.
5(2) Section 16550.
6(3) Section 16960.
7(4) Section 17310.
8(5) Division 4.5 (commencing with Section 25250) of Title 4.
9(6) Chapter 6 (commencing with Section 26350) of Division 5
10of Title 4.
11(7) Chapter 7 (commencing with Section 26400) of Division 5
12of Title 4.
13(8) Sections 26500 to 26588, inclusive.
14(9) Sections 26700 to 26915, inclusive.
15(10) Section 27510.
16(11) Section 27530.
17(12) Section 27540.
18(13) Section 27545.
19(14) Sections 27555 to 27570, inclusive.
20(15) Sections 29010 to 29150, inclusive.
21(e) As used in Sections 34005 and 34010, “firearm” does not
22include a destructive device.
23(f) As used in Sections 17280 and 24680, “firearm” has the
24same meaning as in Section 922 of Title 18 of the United States
25Code.
26(g) As used in Sections 29010 to 29150, inclusive, “firearm”
27includes the unfinished frame or receiver of a weapon that can be
28readily converted to the functional condition of a finished frame
29or receiver.
Division 4.5 (commencing with Section 25250) is
31added to Title 4 of Part 6 of the Penal Code, to read:
32
(a) Commencing January 1, 2014, every person shall
36report the theft or loss of a firearm he or she owns or possesses to
37a local law enforcement agency in the jurisdiction in which the
38theft or loss occurred within 48 hours of the time he or she knew
39or reasonably should have known that the firearm had been stolen
40or lost.
P5 1(b) Every person who has reported a firearm lost or stolen under
2subdivision (a) shall notify the local law enforcement agency in
3the jurisdiction in which the theft or loss occurred within 48 hours
4if the firearm is subsequently recovered by the person.
Section 25250 shall not apply to the following:
6(a) Any law enforcement agency or peace officer acting within
7the course and scope of his or her employment or official duties
8if he or she reports the loss or theft to his or her employing agency.
9(b) Any United States marshal or member of the Armed Forces
10of the United States or the National Guard, while engaged in his
11or her official duties.
12(c) Any person who is licensed, pursuant to Chapter 44
13(commencing with Section 921) of Title 18 of the United States
14Code and the regulations issued pursuant thereto, and who reports
15the theft or loss in accordance with Section 923(g)(6) of Title 18
16
of the United States Code, or the successor provision thereto, and
17applicable regulations issued thereto.
18(d) Any person whose firearm was lost or stolen prior to January
191, 2014.
Pursuant to Section 11108, every sheriff or police chief
21shall submit a description of each firearm which has been reported
22lost or stolen directly into the Department of Justice automated
23property system for firearms.
(a) Every person who violates Section 25250 is, for a
25first violation, guilty of an infraction punishable by a fine not to
26exceed one hundred dollars ($100).
27(b) Every person who violates Section 25250 is, for a second
28violation, guilty of an infraction, punishable by a fine not exceeding
29one thousand dollars ($1,000).
30(c) Every person who violates Section 25250 is, for a third or
31subsequent violation, guilty of a misdemeanor, punishable by
32imprisonment in a county jail not exceeding six months, or by a
33fine not exceeding one thousand dollars ($1,000), or by both that
34fine and imprisonment.
Every person reporting a lost or stolen firearm pursuant
36to Section 25250 shall report the make, model, and serial number
37of the firearm, if known by the person.
Commencing January 1, 2014, no person shall report
39to a local law enforcement agency that a firearm has been lost or
P6 1stolen, knowing the report to be false. A violation of this section
2is a misdemeanor.
This division does not preclude or preempt a local
4ordinance that imposes additional penalties or requirements in
5regard to reporting the theft or loss of a firearm.
Section 26835 of the Penal Code is amended to read:
A licensee shall post conspicuously within the licensed
8premises the following warnings in block letters not less than one
9inch in height:
10
11(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
12PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
13A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
14USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
15IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
16MISDEMEANOR OR A FELONY UNLESS YOU STORED
17THE FIREARM IN A LOCKED CONTAINER OR LOCKED
18THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
19FROM TEMPORARILY FUNCTIONING.”
20(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
21FIREARM CAPABLE OF BEING CONCEALED UPON THE
22PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
23OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
24GAINS ACCESS TO THE FIREARM, AND CARRIES IT
25OFF-PREMISES, YOU MAY BE GUILTY OF A
26MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
27A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
28A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
29FUNCTIONING.”
30(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
31PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
32A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
33THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
34SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
35GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
36TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
37STORED THE FIREARM IN A LOCKED CONTAINER, OR
38LOCKED THE FIREARM WITH A LOCKING DEVICE.”
39(d) “DISCHARGING FIREARMS IN POORLY VENTILATED
40AREAS, CLEANING FIREARMS, OR HANDLING
P7 1AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
2SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
3REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL
4INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
5WASH HANDS THOROUGHLY AFTER EXPOSURE.”
6(e) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
7DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
8THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
9DAYS AFTER YOU COMPLETE THE INITIAL
10BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
11TO GO THROUGH THE BACKGROUND CHECK PROCESS
12A SECOND TIME IN ORDER TO TAKE PHYSICAL
13POSSESSION OF THAT FIREARM.”
14(f) “NO PERSON SHALL MAKE AN APPLICATION TO
15PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
16OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
17THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
18DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
19MADE AN APPLICATION TO PURCHASE MORE THAN ONE
20PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
21BEING CONCEALED UPON THE PERSON WITHIN ANY
2230-DAY PERIOD.”
23(g) “IF A FIREARM YOU
OWN OR POSSESS IS LOST OR
24STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
25LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
26OR THEFT OCCURRED WITHIN 48 HOURS OF THE TIME
27YOU KNEW OR REASONABLY SHOULD HAVE KNOWN
28THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
29
Section 27535 of the Penal Code is amended to read:
(a) No person shall make an application to purchase
32more than one handgun within any 30-day period.
33(b) Subdivision (a) shall not apply to any of the following:
34(1) Any law enforcement agency.
35(2) Any agency duly authorized to perform law enforcement
36duties.
37(3) Any state or local correctional facility.
38(4) Any private security company licensed to do business in
39California.
P8 1(5) Any person who is properly identified as a full-time paid
2peace
officer, as defined in Chapter 4.5 (commencing with Section
3830) of Title 3 of Part 2, and who is authorized to, and does carry
4a firearm during the course and scope of employment as a peace
5officer.
6(6) Any motion picture, television, or video production company
7or entertainment or theatrical company whose production by its
8nature involves the use of a firearm.
9(7) Any person who may, pursuant to Article 2 (commencing
10with Section 27600), Article 3 (commencing with Section 27650),
11or Article 4 (commencing with Section 27700), claim an exemption
12from the waiting period set forth in Section 27540.
13(8) Any transaction conducted through a licensed firearms dealer
14pursuant to Chapter 5 (commencing with Section 28050).
15(9) Any person who is licensed as a
collector pursuant to Chapter
1644 (commencing with Section 921) of Title 18 of the United States
17Code and the regulations issued pursuant thereto, and has a current
18certificate of eligibility issued by the Department of Justice
19pursuant to Article 1 (commencing with Section 26700) of Chapter
202.
21(10) The exchange of a handgun where the dealer purchased
22that firearm from the person seeking the exchange within the
2330-day period immediately preceding the date of exchange or
24replacement.
25(11) The replacement of a handgun when the person’s handgun
26was lost or stolen, and the person reported that firearm lost or
27stolen pursuant to Section 25250 prior to the completion of the
28application to purchase the replacement handgun.
29(12) The return of any handgun to its owner.
30(13) A community college that is certified by the Commission
31on Peace Officer Standards and Training to present the law
32enforcement academy basic course or other commission-certified
33law enforcement training.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution for certain
36costs that may be incurred by a local agency or school district
37because, in that regard, this act creates a new crime or infraction,
38eliminates a crime or infraction, or changes the penalty for a crime
39or infraction, within the meaning of Section 17556 of the
40Government Code, or changes the definition of a crime within the
P9 1meaning of Section 6 of Article XIII B of the California
2Constitution.
3However, if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs
shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
O
98