Amended in Assembly June 19, 2013

Amended in Senate April 10, 2013

Senate Bill No. 299

Introduced by Senator DeSaulnier

February 15, 2013

An act to amend Sections begin insert 800, end insert 16520, 26835, begin delete and end delete 27535 begin insert , and 29805 end insert of, and to add Division 4.5 (commencing with Section 25250) to Title 4 of Part 6 of, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 299, as amended, DeSaulnier. Firearms: lost or stolen: reports.

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(1) Under existing law it is a felony, punishable by imprisonment in a county jail for 2, 3, or 4 years, to knowingly sell, supply, deliver, or give possession or control of a firearm to any person within specified classes of persons prohibited from possessing a firearm. Under existing law it is a crime punishable by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in a county jail for 16 months, 2, or 3 years, to knowingly supply, give, or allow possession or control of a deadly weapon to any person within specified classes of persons prohibited from possessing a deadly weapon.

end insert begin insert

Under existing law, a violation of certain specified offenses relating to the sale, lease, or transfer of firearms is punishable by imprisonment in a county jail not to exceed one year, or for 16 months, 2, or 3 years, and certain other specified offenses relating to the sale, lease, or transfer of a firearm are punishable by imprisonment in a county jail for 2, 3, or 4 years.

end insert begin insert

Existing law requires that prosecution for an offense punishable by imprisonment for 8 years or more to be commenced within 6 years after the commission of the offense.

end insert begin insert

This bill would require that prosecution for the above firearms-related offenses to be commenced within 6 years after the commission of the offense.

end insert begin delete

(1)

end delete

begin insert (2) end insert  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 begin delete 48 hours end delete begin insert 7 days end insert 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. 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.

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 begin delete property system for end delete firearms begin insert system end insert .

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 begin insert , and that falsely reporting a firearm lost or stolen will result in the loss of the person’s right to possess a firearm or ammunition for 10 years, as specified end insert .

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(2)

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begin insert (3) end insert  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.

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(4) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Existing law also prohibits a person who is prohibited from possessing a firearm from possessing ammunition. Under existing law, a violation of this prohibition is punishable as a crime.

end insert begin insert

This bill would apply the above 10-year prohibition on the possession of a firearm to any person who makes a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. By creating a new crime, this bill would impose a state-mandated local program.

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(3)

end delete

begin insert (5) end insert  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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 800 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

800.  

begin insert (a) end insert begin insert   end insert Except as provided in Section 799, prosecution for
an offense punishable by imprisonment in the state prison for eight
years or more or by imprisonment pursuant to subdivision (h) of
Section 1170 for eight years or more shall be commenced within
six years after commission of the offense.

begin insert

(b) Prosecution for a violation of any of the following offenses
shall be commenced within six years after the commission of the
offense:

end insert begin insert

(1) A violation of Section 8101 of the Welfare and Institutions
Code.

end insert begin insert

(2) Conduct punished pursuant to subdivision (b) or (c) of
Section 27590.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 16520 of the Penal Code is amended to read:

16520.  

(a) As used in this part, “firearm” means any device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of any explosion or other form
of combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 25250 to 25275, inclusive.

(8) Sections 26500 to 26588, inclusive.

(9) Sections 26600 to 27140, inclusive.

(10) Sections 27400 to 28000, inclusive.

(11) Section 28100.

(12) Sections 28400 to 28415, inclusive.

(13) Sections 29010 to 29150, inclusive.

(14) Sections 29610 to 29750, inclusive.

(15) Sections 29800 to 29905, inclusive.

(16) Sections 30150 to 30165, inclusive.

(17) Section 31615.

(18) Sections 31705 to 31830, inclusive.

(19) Sections 34355 to 34370, inclusive.

(20) Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material, whether or not
the device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Division 4.5 (commencing with Section 25250) of Title 4.

(6) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

(7) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

(8) Sections 26500 to 26588, inclusive.

(9) Sections 26700 to 26915, inclusive.

(10) Section 27510.

(11) Section 27530.

(12) Section 27540.

(13) Section 27545.

(14) Sections 27555 to 27570, inclusive.

(15) Sections 29010 to 29150, inclusive.

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Division 4.5 (commencing with Section 25250) is
added to Title 4 of Part 6 of the Penal Code, to read:

 

Division 4.5.  Lost or Stolen Firearms

 

25250.  

(a) Commencing January 1, 2014, every person shall
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 begin delete 48 hours end delete begin insert seven days end insert of the time he or
she knew or reasonably should have known that the firearm had
been stolen or lost.

(b) Every person who has reported a firearm lost or stolen under
subdivision (a) shall notify the local law enforcement agency in
the jurisdiction in which the theft or loss occurred within 48 hours
if the firearm is subsequently recovered by the person.

25255.  

Section 25250 shall not apply to the following:

(a) Any law enforcement agency or peace officer acting within
the course and scope of his or her employment or official duties
if he or she reports the loss or theft to his or her employing agency.

(b) Any United States marshal or member of the Armed Forces
of the United States or the National Guard, while engaged in his
or her official duties.

(c) Any person who is licensed, pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and who reports
the theft or loss in accordance with Section 923(g)(6) of Title 18
of the United States Code, or the successor provision thereto, and
applicable regulations issued thereto.

(d) Any person whose firearm was lost or stolen prior to January
1, 2014.

25260.  

Pursuant to Section 11108, every sheriff or police chief
shall submit a description of each firearm which has been reported
lost or stolen directly into the Department of Justice automated
begin delete property system for firearms end delete begin insert firearms system end insert .

25265.  

(a) Every person who violates Section 25250 is, for a
first violation, guilty of an infraction punishable by a fine not to
exceed one hundred dollars ($100).

(b) Every person who violates Section 25250 is, for a second
violation, guilty of an infraction, punishable by a fine not exceeding
one thousand dollars ($1,000).

(c) Every person who violates Section 25250 is, for a third or
subsequent violation, guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

25270.  

Every person reporting a lost or stolen firearm pursuant
to Section 25250 shall report the make, model, and serial number
of the firearm, if known by the person.

25275.  

Commencing January 1, 2014, no person shall report
to a local law enforcement agency that a firearm has been lost or
stolen, knowing the report to be false. A violation of this section
is a misdemeanor.

25280.  

This division does not preclude or preempt a local
ordinance that imposes additional penalties or requirements in
regard to reporting the theft or loss of a firearm.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 26835 of the Penal Code is amended to read:

26835.  

A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:

 

(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
MISDEMEANOR OR A FELONY UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER OR LOCKED
THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
FROM TEMPORARILY FUNCTIONING.”

(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE
PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
GAINS ACCESS TO THE FIREARM, AND CARRIES IT
OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING.”

(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE.”

(d) “DISCHARGING FIREARMS IN POORLY VENTILATED
AREAS, CLEANING FIREARMS, OR HANDLING
AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
WASH HANDS THOROUGHLY AFTER EXPOSURE.”

(e) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
DAYS AFTER YOU COMPLETE THE INITIAL
BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
TO GO THROUGH THE BACKGROUND CHECK PROCESS
A SECOND TIME IN ORDER TO TAKE PHYSICAL
POSSESSION OF THAT FIREARM.”

(f) “NO PERSON SHALL MAKE AN APPLICATION TO
PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON WITHIN ANY
30-DAY PERIOD.”

(g) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
OR THEFT OCCURRED WITHIN begin delete 48 HOURS end delete begin insert SEVEN DAYS end insert
OF THE TIME YOU KNEW OR REASONABLY SHOULD
HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR
STOLEN.”

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(h) “IF YOU FALSELY REPORT THAT A FIREARM YOU
OWN OR POSSESS IS LOST OR STOLEN, YOU FACE CRIMINAL
PROSECUTION AND LOSS OF YOUR RIGHT TO POSSESS A
FIREARM OR AMMUNITION FOR 10 YEARS.”

end insert

 

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 27535 of the Penal Code is amended to read:

27535.  

(a) No person shall make an application to purchase
more than one handgun within any 30-day period.

(b) Subdivision (a) shall not apply to any of the following:

(1) Any law enforcement agency.

(2) Any agency duly authorized to perform law enforcement
duties.

(3) Any state or local correctional facility.

(4) Any private security company licensed to do business in
California.

(5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry
a firearm during the course and scope of employment as a peace
officer.

(6) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its
nature involves the use of a firearm.

(7) Any person who may, pursuant to Article 2 (commencing
with Section 27600), Article 3 (commencing with Section 27650),
or Article 4 (commencing with Section 27700), claim an exemption
from the waiting period set forth in Section 27540.

(8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).

(9) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the Department of Justice
pursuant to Article 1 (commencing with Section 26700) of Chapter
2.

(10) The exchange of a handgun where the dealer purchased
that firearm from the person seeking the exchange within the
30-day period immediately preceding the date of exchange or
replacement.

(11) The replacement of a handgun when the person’s handgun
was lost or stolen, and the person reported that firearm lost or
stolen pursuant to Section 25250 prior to the completion of the
application to purchase the replacement handgun.

(12) The return of any handgun to its owner.

(13) A community college that is certified by the Commission
on Peace Officer Standards and Training to present the law
enforcement academy basic course or other commission-certified
law enforcement training.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 29805 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

29805.  

Except as provided in Section 29855 or subdivision (a)
of Section 29800, any person who has been convicted of a
misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
subdivision (d) of Section 148, Section 171b, paragraph (1) of
subdivision (a) of Section 171c, begin insert Section end insert 171d, 186.28, 240, 241,
242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
Section 12100, as that section read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
when it was repealed by Section 18 of Chapter 23 of the Statutes
of 1994, Section 17500, 17510, begin insert 25275, end insert 25300, 25800, 30315, or
32625, subdivision (b) or (d) of Section 26100, or Section 27510,
or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in subdivision (c) of Section 27590, and who, within 10
years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year or in the state prison, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons
subject to this section. However, the prohibition in this section
may be reduced, eliminated, or conditioned as provided in Section
29855 or 29860.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

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