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 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 itbegin delete a misdemeanorend deletebegin insert an
infractionend insert 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 Firearms System.
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, asbegin delete 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.end deletebegin insert specified.end insert
(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) 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 deleteThis 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.
end delete(3) This bill would incorporate additional changes to Section 16520 of the Penal Code made by this bill and AB 500, and additional changes to Section 26835 of the Penal Code made by this bill and AB 231, to take effect if either or both of those bills are chaptered and this bill is chaptered last.
end insert(4) 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.
P4 1(5) Section 17070.
2(6) Section 17310.
3(7) Sections 25250 to 25275, inclusive.
4(8) Sections 26500 to 26588, inclusive.
5(9) Sections 26600 to 27140, inclusive.
6(10) Sections 27400 to 28000, inclusive.
7(11) Section 28100.
8(12) Sections 28400 to 28415, inclusive.
9(13) Sections 29010 to 29150, inclusive.
10(14) Sections 29610 to 29750, inclusive.
11(15) Sections 29800 to 29905, inclusive.
12(16) Sections 30150 to 30165, inclusive.
13(17) Section 31615.
14(18) Sections 31705 to 31830, inclusive.
15(19) Sections 34355 to 34370, inclusive.
16(20) Sections 8100, 8101, and 8103 of the Welfare and
17Institutions Code.
18(c) As used in the following provisions, “firearm” also includes
19any rocket, rocket propelled projectile launcher, or similar device
20containing any explosive or incendiary material, whether or not
21the device is designed for
emergency or distress signaling purposes:
22(1) Section 16750.
23(2) Subdivision (b) of Section 16840.
24(3) Section 25400.
25(4) Sections 25850 to 26025, inclusive.
26(5) Subdivisions (a), (b), and (c) of Section 26030.
27(6) Sections 26035 to 26055, inclusive.
28(d) As used in the following provisions, “firearm” does not
29include an unloaded antique firearm:
30(1) Subdivisions (a) and (c) of Section 16730.
31(2) Section 16550.
32(3) Section 16960.
33(4) Section 17310.
34(5) Division 4.5 (commencing with Section 25250) of Title 4.
35(6) Chapter 6 (commencing with Section 26350) of Division 5
36of Title 4.
37(7) Chapter 7 (commencing with Section 26400) of Division 5
38of Title 4.
39(8) Sections 26500 to 26588, inclusive.
40(9) Sections 26700 to 26915, inclusive.
P5 1(10) Section 27510.
2(11) Section 27530.
3(12) Section 27540.
4(13) Section 27545.
5(14) Sections 27555 to 27570, inclusive.
6(15) Sections 29010 to 29150, inclusive.
7(e) As used in Sections 34005 and 34010, “firearm” does not
8include a destructive device.
9(f) As used in Sections 17280 and 24680, “firearm” has the
10same meaning as in Section 922 of Title 18 of the United States
11Code.
12(g) As used in
Sections 29010 to 29150, inclusive, “firearm”
13includes the unfinished frame or receiver of a weapon that can be
14readily converted to the functional condition of a finished frame
15or receiver.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) As used in this part, “firearm” meansbegin delete aend deletebegin insert anyend insert device,
18designed to be used as a weapon, from which is expelled through
19a barrel, a projectile by the force ofbegin delete anend deletebegin insert anyend insert explosion or other form
20of combustion.
21(b) As used in the following provisions, “firearm” includes the
22frame or receiver of the weapon:
23(1) Section 16550.
24(2) Section 16730.
25(3) Section 16960.
26(4) Section 16990.
27(5) Section 17070.
28(6) Section 17310.
begin insert29(7) Sections 25250 to 25275, inclusive.
end insert30(7)
end delete31begin insert(8)end insert Sections 26500 to 26588, inclusive.
32(8)
end delete33begin insert(9)end insert Sections 26600 to 27140, inclusive.
34(9)
end delete35begin insert(10)end insert Sections 27400 to 28000, inclusive.
36(10)
end delete37begin insert(11)end insert Section 28100.
38(11)
end delete39begin insert(12)end insert Sections 28400 to 28415, inclusive.
40(12)
end deleteP6 1begin insert(13)end insert Sections 29010 to 29150, inclusive.
2(13)
end delete3begin insert(14)end insert Sections 29610 to 29750, inclusive.
4(14)
end delete5begin insert(15)end insert Sections 29800 to 29905, inclusive.
6(15)
end delete7begin insert(16)end insert Sections 30150 to 30165, inclusive.
8(16)
end delete9begin insert(17)end insert Section 31615.
10(17)
end delete11begin insert(18)end insert Sections 31705 to 31830, inclusive.
12(18)
end delete13begin insert(19)end insert Sections 34355 to 34370, inclusive.
14(19)
end delete
15begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
16Institutions Code.
17(c) As used in the following provisions, “firearm” also includes
18begin delete aend deletebegin insert anyend insert rocket, rocket propelled projectile launcher, or similar device
19containingbegin delete anend deletebegin insert anyend insert explosive or incendiary material, whether or not
20the device is designed for emergency or distress signaling purposes:
21(1) Section 16750.
22(2) Subdivision (b) of Section 16840.
23(3) Section 25400.
24(4) Sections 25850 to 26025, inclusive.
25(5) Subdivisions (a), (b), and (c) of Section 26030.
26(6) Sections 26035 to 26055, inclusive.
27(d) As used in the following provisions, “firearm” does not
28include an unloaded antique firearm:
29(1) Subdivisions (a) and (c) of Section 16730.
30(2) Section 16550.
31(3) Section 16960.
32(4) Section 17310.
begin insert33(5) Division 4.5 (commencing with Section 25250) of Title 4.
end insert34(5)
end delete
35begin insert(6)end insert Chapter 6 (commencing with Section 26350) of Division 5
36of Title 4.
37(6)
end delete
38begin insert(7)end insert Chapter 7 (commencing with Section 26400) of Division 5
39of Title 4.
40(7)
end deleteP7 1begin insert(8)end insert Sections 26500 to 26588, inclusive.
2(8)
end delete3begin insert(9)end insert Sections 26700 to 26915, inclusive.
4(9)
end delete5begin insert(10)end insert Section 27510.
6(10)
end delete7begin insert(11)end insert Section 27530.
8(11)
end delete9begin insert(12)end insert Section 27540.
10(12)
end delete11begin insert(13)end insert Section 27545.
12(13)
end delete13begin insert(14)end insert Sections 27555 to 27570, inclusive.
14(14)
end delete15begin insert(15)end insert Sections 29010 to 29150, inclusive.
begin insert16(16) Section 25135.
end insert
17(e) As used in Sections 34005 and 34010, “firearm” does not
18include a destructive device.
19(f) As used in Sections 17280 and 24680, “firearm” has the
20same meaning as in Section 922 of Title 18 of the United States
21Code.
22(g) As used in Sections 29010 to 29150, inclusive, “firearm”
23includes the unfinished frame or receiver of a weapon that can be
24readily converted to the functional condition of a finished frame
25or receiver.
Division 4.5 (commencing with Section 25250) is
27added to Title 4 of Part 6 of the Penal Code, to read:
28
(a) Commencing January 1, 2014, every person shall
32report the theft or loss of a firearm he or she owns or possesses to
33a local law enforcement agency in the jurisdiction in which the
34theft or loss occurred within seven days of the time he or she knew
35or reasonably should have known that the firearm had been stolen
36or lost.
37(b) Every person who has reported a firearm lost or stolen under
38subdivision (a) shall notify the local law enforcement agency in
39the jurisdiction in which the theft or loss occurred within 48 hours
40if the firearm is subsequently recovered by the person.
Section 25250 shall not apply to the following:
2(a) Any law enforcement agency or peace officer acting within
3the course and scope of his or her employment or official duties
4if he or she reports the loss or theft to his or her employing agency.
5(b) Any United States marshal or member of the Armed Forces
6of the United States or the National Guard, while engaged in his
7or her official duties.
8(c) Any person who is licensed, pursuant to Chapter 44
9(commencing with Section 921) of Title 18 of the United States
10Code and the regulations issued pursuant thereto, and who reports
11
the theft or loss in accordance with Section 923(g)(6) of Title 18
12
of the United States Code, or the successor provision thereto, and
13applicable regulations issued thereto.
14(d) Any person whose firearm was lost or stolen prior to January
151, 2014.
Pursuant to Section 11108, every sheriff or police chief
17shall submit a description of each firearm which has been reported
18lost or stolen directly into the Department of Justice Automated
19Firearms System.
(a) Every person who violates Section 25250 is, for a
21first violation, guilty of an infraction punishable by a fine not to
22exceed one hundred dollars ($100).
23(b) Every person who violates Section 25250 is, for a second
24violation, guilty of an infraction, punishable by a fine not exceeding
25one thousand dollars ($1,000).
26(c) Every person who violates Section 25250 is, for a third or
27subsequent violation, guilty of a misdemeanor, punishable by
28imprisonment in a county jail not exceeding six months, or by a
29fine not exceeding one thousand dollars ($1,000), or by both that
30fine and imprisonment.
Every person reporting a lost or stolen firearm pursuant
32to Section 25250 shall report the make, model, and serial number
33of the firearm, if known by the person.
Commencing January 1, 2014, no person shall report
35to a local law enforcement agency that a firearm has been lost or
36stolen, knowing the report to be false. A violation of this section
37isbegin delete a misdemeanor.end deletebegin insert an infraction, punishable by a fine not exceeding
38two hundred fifty dollars ($250) for a first offense, and by a fine
39not exceeding one thousand dollars ($1,000) for a second or
40subsequent offense.end insert
This division does not preclude or preempt a local
2ordinance that imposes additional penalties or requirements in
3regard 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
6premises the following warnings in block letters not less than one
7inch in height:
8
9(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
10PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
11A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
12USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
13IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
14MISDEMEANOR OR A FELONY UNLESS YOU STORED
15THE FIREARM IN A LOCKED CONTAINER OR LOCKED
16THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
17FROM TEMPORARILY FUNCTIONING.”
18(b) “IF YOU KEEP A PISTOL,
REVOLVER, OR OTHER
19FIREARM CAPABLE OF BEING CONCEALED UPON THE
20PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
21OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
22GAINS ACCESS TO THE FIREARM, AND CARRIES IT
23OFF-PREMISES, YOU MAY BE GUILTY OF A
24MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
25A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
26A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
27FUNCTIONING.”
28(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
29PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
30A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
31THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
32SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
33GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
34TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
35STORED THE FIREARM IN A LOCKED CONTAINER, OR
36LOCKED THE FIREARM WITH A LOCKING DEVICE.”
37(d) “DISCHARGING FIREARMS IN POORLY VENTILATED
38AREAS, CLEANING FIREARMS, OR HANDLING
39AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
40SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
P10 1REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
2INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
3WASH HANDS THOROUGHLY AFTER EXPOSURE.”
4(e) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
5DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
6THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
7DAYS AFTER YOU COMPLETE THE INITIAL
8BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
9TO GO THROUGH THE BACKGROUND CHECK PROCESS
10A SECOND TIME IN ORDER TO TAKE PHYSICAL
11POSSESSION OF THAT FIREARM.”
12(f) “NO PERSON SHALL MAKE AN APPLICATION TO
13PURCHASE MORE THAN
ONE PISTOL, REVOLVER, OR
14OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
15THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
16DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
17MADE AN APPLICATION TO PURCHASE MORE THAN ONE
18PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
19BEING CONCEALED UPON THE PERSON WITHIN ANY
2030-DAY PERIOD.”
21(g) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
22STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
23LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
24OR THEFT OCCURRED WITHIN SEVEN DAYS OF THE TIME
25YOU KNEW OR REASONABLY SHOULD HAVE KNOWN
26THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
27(h) “IF YOU FALSELY REPORT THAT A FIREARM YOU
28OWN OR POSSESS IS LOST OR STOLEN, YOU FACE
29CRIMINAL PROSECUTION AND LOSS OF YOUR RIGHT
30TO POSSESS A FIREARM OR AMMUNITION FOR 10
31YEARS.”
32
end deletebegin insertSection 26835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
A licensee shall post conspicuously within the licensed
35premises the following warnings in block letters not less than one
36inch in height:
37
38(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
39PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
40A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
P11 1USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
2IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
3MISDEMEANOR OR A FELONY UNLESS YOU STORED
4THE FIREARM IN A LOCKED CONTAINER OR LOCKED
5THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
6FROM TEMPORARILY FUNCTIONING.”
7(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
8FIREARM CAPABLE OF BEING CONCEALED UPON THE
9PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
10OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
11GAINS ACCESS TO THE FIREARM, AND CARRIES IT
12OFF-PREMISES, YOU MAY BE GUILTY OF A
13MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
14A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
15A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
16FUNCTIONING.”
17(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
18PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
19A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
20THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
21SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
22GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
23TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
24STORED THE FIREARM IN A LOCKED CONTAINER, OR
25LOCKED THE FIREARM WITH A LOCKING DEVICE.”
26(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED
27FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY
28OR CONTROL, WHERE A
PERSON UNDER 18 YEARS OF AGE
29IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
30MISDEMEANOR, INCLUDING A FINE OF UP TO ONE
31THOUSAND DOLLARS ($1,000), UNLESS YOU STORE THE
32FIREARM IN A LOCKED CONTAINER, OR LOCK THE
33FIREARM WITH A LOCKING DEVICE.”
34(d)
end delete
35begin insert(e)end insert “DISCHARGING FIREARMS IN POORLY VENTILATED
36AREAS, CLEANING FIREARMS, OR HANDLING
37AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
38SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
39REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
P12 1INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
2WASH HANDS THOROUGHLY AFTER EXPOSURE.”
3(e)
end delete
4begin insert(f)end insert “FEDERAL REGULATIONS PROVIDE THAT IF YOU
5DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
6THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
7DAYS AFTER YOU COMPLETE THE INITIAL
8BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
9TO GO THROUGH THE BACKGROUND CHECK PROCESS
10A SECOND TIME IN ORDER TO TAKE PHYSICAL
11POSSESSION OF THAT FIREARM.”
12(f)
end delete
13begin insert(g)end insert “NO PERSON SHALL MAKE AN APPLICATION TO
14PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
15OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
16THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
17
DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
18MADE AN APPLICATION TO PURCHASE MORE THAN ONE
19PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
20BEING CONCEALED UPON THE PERSON WITHIN ANY
2130-DAY PERIOD.”
22(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
23STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
24LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
25OR THEFT OCCURRED WITHIN SEVEN DAYS OF THE TIME
26YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
27THE FIREARM HAD BEEN LOST OR STOLEN.”
28
Section 27535 of the Penal Code is amended to read:
(a) No person shall make an application to purchase
31more than one handgun within any 30-day period.
32(b) Subdivision (a) shall not apply to any of the following:
33(1) Any law enforcement agency.
34(2) Any agency duly authorized to perform law enforcement
35duties.
36(3) Any state or local correctional facility.
37(4) Any private security company licensed to do business in
38California.
39(5) Any person who is properly identified as a full-time paid
40peace officer, as defined in Chapter 4.5 (commencing with Section
P13 1830) of Title 3 of Part 2, and who is authorized to, and does carry
2a firearm during the course and scope of employment as a peace
3officer.
4(6) Any motion picture, television, or video production company
5or entertainment or theatrical company whose production by its
6nature involves the use of a firearm.
7(7) Any person who may, pursuant to Article 2 (commencing
8with Section 27600), Article 3 (commencing with Section 27650),
9or Article 4 (commencing with Section 27700), claim an exemption
10from the waiting period set forth in Section 27540.
11(8) Any transaction conducted through a
licensed firearms dealer
12pursuant to Chapter 5 (commencing with Section 28050).
13(9) Any person who is licensed as a collector pursuant to Chapter
1444 (commencing with Section 921) of Title 18 of the United States
15Code and the regulations issued pursuant thereto, and has a current
16certificate of eligibility issued by the Department of Justice
17pursuant to Article 1 (commencing with Section 26700) of Chapter
182.
19(10) The exchange of a handgun where the dealer purchased
20that firearm from the person seeking the exchange within the
2130-day period immediately preceding the date of exchange or
22replacement.
23(11) The replacement of a handgun when the person’s handgun
24was lost or stolen, and the person reported that firearm lost
or
25stolen pursuant to Section 25250 prior to the completion of the
26application to purchase the replacement handgun.
27(12) The return of any handgun to its owner.
28(13) A community college that is certified by the Commission
29on Peace Officer Standards and Training to present the law
30enforcement academy basic course or other commission-certified
31law enforcement training.
Section 29805 of the Penal Code is amended to read:
Except as provided in Section 29855 or subdivision (a)
34of Section 29800, any person who has been convicted of a
35misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
36subdivision (d) of Section 148, Section 171b, paragraph (1) of
37subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241,
38242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
39417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
40Section 12100, as that section read at any time from when it was
P14 1enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
2when it was repealed by Section 18 of Chapter 23 of the Statutes
3of 1994, Section 17500, 17510, 25275, 25300, 25800, 30315, or
432625, subdivision (b) or (d) of Section 26100, or Section 27510,
5or Section
8100, 8101, or 8103 of the Welfare and Institutions
6Code, any firearm-related offense pursuant to Sections 871.5 and
71001.5 of the Welfare and Institutions Code, or of the conduct
8punished in subdivision (c) of Section 27590, and who, within 10
9years of the conviction, owns, purchases, receives, or has in
10possession or under custody or control, any firearm is guilty of a
11public offense, which shall be punishable by imprisonment in a
12county jail not exceeding one year or in the state prison, by a fine
13not exceeding one thousand dollars ($1,000), or by both that
14imprisonment and fine. The court, on forms prescribed by the
15Department of Justice, shall notify the department of persons
16subject to this section. However, the prohibition in this section
17may be reduced, eliminated, or conditioned as provided in Section
1829855 or 29860.
Section 1.5 of this bill incorporates amendments to
20Section 16520 of the Penal Code proposed by both this bill and
21Assembly Bill 500. It shall only become operative if (1) both bills
22are enacted and become effective on or before January 1, 2014,
23(2) each bill amends Section 16520 of the Penal Code, and (3) this
24bill is enacted after Assembly Bill 500, in which case Section 1 of
25this bill shall not become operative.
Section 3.5 of this bill incorporates amendments to
27Section 26835 of the Penal Code proposed by both this bill and
28Assembly Bill 231. It shall only become operative if (1) both bills
29are enacted and become effective on or before January 1, 2014,
30(2) each bill amends Section 26835 of the Penal Code, and (3) this
31bill is enacted after Assembly Bill 231, in which case Section 3 of
32this bill shall not become operative.
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
P15 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
95