Amended in Assembly August 5, 2013

Amended in Assembly June 19, 2013

Amended in Senate April 10, 2013

Senate BillNo. 299


Introduced by Senator DeSaulnier

February 15, 2013


An act to amend Sectionsbegin delete 800,end delete 16520, 26835, 27535, and 29805 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 delete
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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 delete
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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.

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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 delete
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(2)

end delete

begin insert(1)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 7 days 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 Justicebegin delete automated firearms systemend deletebegin insert Automated Firearms Systemend 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, 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.

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(3)

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begin insert(2)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)

end delete

begin insert(3)end insert 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.

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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(5)

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begin insert(4)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:

begin deleteP4    1

SECTION 1.  

Section 800 of the Penal Code is amended to
2read:

3

800.  

(a) Except as provided in Section 799, prosecution for
4an offense punishable by imprisonment in the state prison for eight
5years or more or by imprisonment pursuant to subdivision (h) of
6Section 1170 for eight years or more shall be commenced within
7six years after commission of the offense.

8(b) Prosecution for a violation of any of the following offenses
9shall be commenced within six years after the commission of the
10offense:

11(1) A violation of Section 8101 of the Welfare and Institutions
12Code.

13(2) Conduct punished pursuant to subdivision (b) or (c) of
14Section 27590.

end delete
15

begin deleteSEC. 2.end delete
16begin insertSECTION 1.end insert  

Section 16520 of the Penal Code is amended to
17read:

18

16520.  

(a) As used in this part, “firearm” means any device,
19designed to be used as a weapon, from which is expelled through
20a barrel, a projectile by the force of any explosion or other form
21of combustion.

22(b) As used in the following provisions, “firearm” includes the
23frame or receiver of the weapon:

24(1) Section 16550.

25(2) Section 16730.

26(3) Section 16960.

27(4) Section 16990.

28(5) Section 17070.

29(6) Section 17310.

30(7) Sections 25250 to 25275, inclusive.

31(8) Sections 26500 to 26588, inclusive.

32(9) Sections 26600 to 27140, inclusive.

33(10) Sections 27400 to 28000, inclusive.

P5    1(11) Section 28100.

2(12) Sections 28400 to 28415, inclusive.

3(13) Sections 29010 to 29150, inclusive.

4(14) Sections 29610 to 29750, inclusive.

5(15) Sections 29800 to 29905, inclusive.

6(16) Sections 30150 to 30165, inclusive.

7(17) Section 31615.

8(18) Sections 31705 to 31830, inclusive.

9(19) Sections 34355 to 34370, inclusive.

10(20) Sections 8100, 8101, and 8103 of the Welfare and
11Institutions Code.

12(c) As used in the following provisions, “firearm” also includes
13any rocket, rocket propelled projectile launcher, or similar device
14containing any explosive or incendiary material, whether or not
15the device is designed for emergency or distress signaling purposes:

16(1) Section 16750.

17(2) Subdivision (b) of Section 16840.

18(3) Section 25400.

19(4) Sections 25850 to 26025, inclusive.

20(5) Subdivisions (a), (b), and (c) of Section 26030.

21(6) Sections 26035 to 26055, inclusive.

22(d) As used in the following provisions, “firearm” does not
23include an unloaded antique firearm:

24(1) Subdivisions (a) and (c) of Section 16730.

25(2) Section 16550.

26(3) Section 16960.

27(4) Section 17310.

28(5) Division 4.5 (commencing with Section 25250) of Title 4.

29(6) Chapter 6 (commencing with Section 26350) of Division 5
30of Title 4.

31(7) Chapter 7 (commencing with Section 26400) of Division 5
32of Title 4.

33(8) Sections 26500 to 26588, inclusive.

34(9) Sections 26700 to 26915, inclusive.

35(10) Section 27510.

36(11) Section 27530.

37(12) Section 27540.

38(13) Section 27545.

39(14) Sections 27555 to 27570, inclusive.

40(15) Sections 29010 to 29150, inclusive.

P6    1(e) As used in Sections 34005 and 34010, “firearm” does not
2include a destructive device.

3(f) As used in Sections 17280 and 24680, “firearm” has the
4same meaning as in Section 922 of Title 18 of the United States
5Code.

6(g) As used in Sections 29010 to 29150, inclusive, “firearm”
7includes the unfinished frame or receiver of a weapon that can be
8readily converted to the functional condition of a finished frame
9 or receiver.

10

begin deleteSEC. 3.end delete
11begin insertSEC. 2.end insert  

Division 4.5 (commencing with Section 25250) is
12added to Title 4 of Part 6 of the Penal Code, to read:

13 

14Division 4.5.  Lost or Stolen Firearms

15

 

16

25250.  

(a) Commencing January 1, 2014, every person shall
17report the theft or loss of a firearm he or she owns or possesses to
18a local law enforcement agency in the jurisdiction in which the
19theft or loss occurred within seven days of the time he or she knew
20or reasonably should have known that the firearm had been stolen
21or lost.

22(b) Every person who has reported a firearm lost or stolen under
23subdivision (a) shall notify the local law enforcement agency in
24the jurisdiction in which the theft or loss occurred within 48 hours
25if the firearm is subsequently recovered by the person.

26

25255.  

Section 25250 shall not apply to the following:

27(a) Any law enforcement agency or peace officer acting within
28the course and scope of his or her employment or official duties
29if he or she reports the loss or theft to his or her employing agency.

30(b) Any United States marshal or member of the Armed Forces
31of the United States or the National Guard, while engaged in his
32or her official duties.

33(c) Any person who is licensed, pursuant to Chapter 44
34(commencing with Section 921) of Title 18 of the United States
35Code and the regulations issued pursuant thereto, and who reports
36 the theft or loss in accordance with Section 923(g)(6) of Title 18
37 of the United States Code, or the successor provision thereto, and
38applicable regulations issued thereto.

39(d) Any person whose firearm was lost or stolen prior to January
401, 2014.

P7    1

25260.  

Pursuant to Section 11108, every sheriff or police chief
2shall submit a description of each firearm which has been reported
3lost or stolen directly into the Department of Justicebegin delete automated
4firearms systemend delete
begin insert Automated Firearms Systemend insert.

5

25265.  

(a) Every person who violates Section 25250 is, for a
6first violation, guilty of an infraction punishable by a fine not to
7exceed one hundred dollars ($100).

8(b) Every person who violates Section 25250 is, for a second
9violation, guilty of an infraction, punishable by a fine not exceeding
10one thousand dollars ($1,000).

11(c) Every person who violates Section 25250 is, for a third or
12subsequent violation, guilty of a misdemeanor, punishable by
13imprisonment in a county jail not exceeding six months, or by a
14fine not exceeding one thousand dollars ($1,000), or by both that
15fine and imprisonment.

16

25270.  

Every person reporting a lost or stolen firearm pursuant
17to Section 25250 shall report the make, model, and serial number
18of the firearm, if known by the person.

19

25275.  

Commencing January 1, 2014, no person shall report
20to a local law enforcement agency that a firearm has been lost or
21stolen, knowing the report to be false. A violation of this section
22is a misdemeanor.

23

25280.  

This division does not preclude or preempt a local
24ordinance that imposes additional penalties or requirements in
25regard to reporting the theft or loss of a firearm.

26

begin deleteSEC. 4.end delete
27begin insertSEC. 3.end insert  

Section 26835 of the Penal Code is amended to read:

28

26835.  

A licensee shall post conspicuously within the licensed
29premises the following warnings in block letters not less than one
30inch in height:

31

32(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
33PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
34A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
35USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
36IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
37MISDEMEANOR OR A FELONY UNLESS YOU STORED
38THE FIREARM IN A LOCKED CONTAINER OR LOCKED
39THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
40FROM TEMPORARILY FUNCTIONING.”

P8    1(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
2FIREARM CAPABLE OF BEING CONCEALED UPON THE
3PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
4OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
5GAINS ACCESS TO THE FIREARM, AND CARRIES IT
6OFF-PREMISES, YOU MAY BE GUILTY OF A
7MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
8A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
9A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
10FUNCTIONING.”

11(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
12PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
13A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
14THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
15SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
16GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
17TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
18STORED THE FIREARM IN A LOCKED CONTAINER, OR
19LOCKED THE FIREARM WITH A LOCKING DEVICE.”

20(d) “DISCHARGING FIREARMS IN POORLY VENTILATED
21AREAS, CLEANING FIREARMS, OR HANDLING
22AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
23SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
24REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
25INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
26WASH HANDS THOROUGHLY AFTER EXPOSURE.”

27(e) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
28DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
29THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
30DAYS AFTER YOU COMPLETE THE INITIAL
31BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
32TO GO THROUGH THE BACKGROUND CHECK PROCESS
33A SECOND TIME IN ORDER TO TAKE PHYSICAL
34POSSESSION OF THAT FIREARM.”

35(f) “NO PERSON SHALL MAKE AN APPLICATION TO
36 PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
37OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
38THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
39DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
40MADE AN APPLICATION TO PURCHASE MORE THAN ONE
P9    1PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
2BEING CONCEALED UPON THE PERSON WITHIN ANY
330-DAY PERIOD.”

4(g) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
5STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
6LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
7OR THEFT OCCURRED WITHIN SEVEN DAYS OF THE TIME
8YOU KNEW OR REASONABLY SHOULD HAVE KNOWN
9THAT THE FIREARM HAD BEEN LOST OR STOLEN.”

10(h) “IF YOU FALSELY REPORT THAT A FIREARM YOU
11OWN OR POSSESS IS LOST OR STOLEN, YOU FACE
12CRIMINAL PROSECUTION AND LOSS OF YOUR RIGHT
13TO POSSESS A FIREARM OR AMMUNITION FOR 10
14YEARS.”

15

16

begin deleteSEC. 5.end delete
17begin insertSEC. 4.end insert  

Section 27535 of the Penal Code is amended to read:

18

27535.  

(a) No person shall make an application to purchase
19more than one handgun within any 30-day period.

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

21(1) Any law enforcement agency.

22(2) Any agency duly authorized to perform law enforcement
23duties.

24(3) Any state or local correctional facility.

25(4) Any private security company licensed to do business in
26California.

27(5) Any person who is properly identified as a full-time paid
28peace officer, as defined in Chapter 4.5 (commencing with Section
29830) of Title 3 of Part 2, and who is authorized to, and does carry
30a firearm during the course and scope of employment as a peace
31officer.

32(6) Any motion picture, television, or video production company
33or entertainment or theatrical company whose production by its
34nature involves the use of a firearm.

35(7) Any person who may, pursuant to Article 2 (commencing
36with Section 27600), Article 3 (commencing with Section 27650),
37or Article 4 (commencing with Section 27700), claim an exemption
38from the waiting period set forth in Section 27540.

39(8) Any transaction conducted through a licensed firearms dealer
40pursuant to Chapter 5 (commencing with Section 28050).

P10   1(9) Any person who is licensed as a collector pursuant to Chapter
244 (commencing with Section 921) of Title 18 of the United States
3Code and the regulations issued pursuant thereto, and has a current
4certificate of eligibility issued by the Department of Justice
5pursuant to Article 1 (commencing with Section 26700) of Chapter
62.

7(10) The exchange of a handgun where the dealer purchased
8that firearm from the person seeking the exchange within the
930-day period immediately preceding the date of exchange or
10replacement.

11(11) The replacement of a handgun when the person’s handgun
12was lost or stolen, and the person reported that firearm lost or
13stolen pursuant to Section 25250 prior to the completion of the
14application to purchase the replacement handgun.

15(12) The return of any handgun to its owner.

16(13) A community college that is certified by the Commission
17on Peace Officer Standards and Training to present the law
18enforcement academy basic course or other commission-certified
19law enforcement training.

20

begin deleteSEC. 6.end delete
21begin insertSEC. 5.end insert  

Section 29805 of the Penal Code is amended to read:

22

29805.  

Except as provided in Section 29855 or subdivision (a)
23of Section 29800, any person who has been convicted of a
24misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
25subdivision (d) of Section 148, Section 171b, paragraph (1) of
26subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241,
27242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
28417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
29Section 12100, as that section read at any time from when it was
30enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
31when it was repealed by Section 18 of Chapter 23 of the Statutes
32of 1994, Section 17500, 17510, 25275, 25300, 25800, 30315, or
3332625, subdivision (b) or (d) of Section 26100, or Section 27510,
34or Section 8100, 8101, or 8103 of the Welfare and Institutions
35Code, any firearm-related offense pursuant to Sections 871.5 and
361001.5 of the Welfare and Institutions Code, or of the conduct
37punished in subdivision (c) of Section 27590, and who, within 10
38years of the conviction, owns, purchases, receives, or has in
39possession or under custody or control, any firearm is guilty of a
40public offense, which shall be punishable by imprisonment in a
P11   1county jail not exceeding one year or in the state prison, by a fine
2not exceeding one thousand dollars ($1,000), or by both that
3imprisonment and fine. The court, on forms prescribed by the
4Department of Justice, shall notify the department of persons
5subject to this section. However, the prohibition in this section
6may be reduced, eliminated, or conditioned as provided in Section
729855 or 29860.

8

begin deleteSEC. 7.end delete
9begin insertSEC. 6.end insert  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution for certain
11costs that may be incurred by a local agency or school district
12because, in that regard, this act creates a new crime or infraction,
13eliminates a crime or infraction, or changes the penalty for a crime
14or infraction, within the meaning of Section 17556 of the
15Government Code, or changes the definition of a crime within the
16meaning of Section 6 of Article XIII B of the California
17Constitution.

18However, if the Commission on State Mandates determines that
19this act contains other costs mandated by the state, reimbursement
20to local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



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