Amended in Senate April 1, 2013

Senate BillNo. 683


Introduced by Senator Block

February 22, 2013


An act to amendbegin delete Section 26525end deletebegin insert Sections 16670, 26840, 27540, 27875, 27880, 27920, 27925, 31610, 31615, 31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 of, to amend the heading of Chapter 4 (commencing with Section 31500) of Division 10 of Title 4 of Part 6 of, and to amend the heading of Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of Title 4 of Part 6end insert ofbegin insert,end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 683, as amended, Block. Firearms:begin delete used firearms.end deletebegin insert firearm safety certificate.end insert

begin insert

Existing law prohibits a person from purchasing or receiving any handgun without a valid handgun safety certificate, and prohibits any person from selling, delivering, loaning, or transferring any handgun to any person who does not have a valid handgun safety certificate, with exceptions, as specified. Under existing law, a violation of these provisions is a misdemeanor.

end insert
begin insert

This bill would instead prohibit a person from purchasing or receiving any firearm without a valid firearm safety certificate, and would prohibit any person from selling, delivering, loaning, or transferring any firearm to any person who does not have a valid firearm safety certificate. The bill would make conforming changes. The bill would also make technical, nonsubstantive changes. By expanding the scope of a crime, this bill would impose a state-mandated local program.

end insert
begin 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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law, subject to exceptions, prohibits a person from selling, leasing, or transferring firearms unless the person has been issued a firearms dealer license, as specified. Existing law provides an exception to that requirement for the sale, lease, or transfer of used firearms that are not handguns at gun shows or other events, as specified, if the person has a valid federal firearms license, a current certificate of eligibility, and certain other criteria are met.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 16670 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

16670.  

As used in this part,begin delete “handgunend deletebegin insert end insertbegin insert“firearmend insert safety
4certificate” means a certificate issued by the Department of Justice
5pursuant to Sections 31610 to 31700, inclusive, or pursuant to
6former Article 8 (commencing with Section 12800) of Chapter 6
7of Title 2 of Part 4, as that article was operative at any time from
8January 1, 2003, until it was repealed by the Deadly Weapons
9Recodification Act of 2010.

10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 26840 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

26840.  

begin deleteNo end deletebegin insertA end insertdealerbegin delete mayend deletebegin insert shall notend insert deliver abegin delete handgunend deletebegin insert firearmend insert
12 unless the person receiving thebegin delete handgunend deletebegin insert firearmend insert presents to the
13dealer a validbegin delete handgunend deletebegin insert firearmend insert safety certificate. The firearms
14dealer shall retain a photocopy of thebegin delete handgunend deletebegin insert firearmend insert safety
15certificate as proof of compliance with this requirement.

16begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 27540 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

27540.  

begin deleteNo end deletebegin insertA end insertdealer, whether or not acting pursuant to Chapter
185 (commencing with Section 28050), shallbegin insert notend insert deliver a firearm
19to a person, as follows:

P3    1(a) Within 10 days of the application to purchase, or, after notice
2by the department pursuant to Section 28220, within 10 days of
3the submission to the department of any correction to the
4application, or within 10 days of the submission to the department
5of any fee required pursuant to Section 28225, whichever is later.

6(b) Unless unloaded and securely wrapped or unloaded and in
7a locked container.

8(c) Unless the purchaser, transferee, or person being loaned the
9firearm presents clear evidence of the person’s identity and age to
10the dealer.

11(d) Whenever the dealer is notified by the Department of Justice
12that the person is prohibited by state or federal law from possessing,
13receiving, owning, or purchasing a firearm.

14(e) begin deleteNo handgun end deletebegin insertA firearm end insertshallbegin insert notend insert be delivered unless the
15 purchaser, transferee, or person being loaned thebegin delete handgunend deletebegin insert firearmend insert
16 presents abegin delete handgunend deletebegin insert firearmend insert safety certificate to the dealer.

17(f) begin deleteNo end deletebegin insertA end inserthandgun shallbegin insert notend insert be delivered whenever the dealer is
18notified by the Department of Justice that within the preceding
1930-day period the purchaser has made another application to
20purchase a handgun and that the previous application to purchase
21involved none of the entities specified in subdivision (b) of Section
2227535.

23begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 27875 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

24

27875.  

Section 27545 does not apply to the transfer of a
25begin delete handgun, and commencing January 1, 2014, anyend delete firearmbegin delete,end delete by gift,
26bequest, intestate succession, or other means from one individual
27to another, if all of the following requirements are met:

28(a) The transfer is infrequent, as defined in Section 16730.

29(b) The transfer is between members of the same immediate
30family.

31(c) Within 30 days of taking possession of the firearm, the
32person to whom it is transferred shall forward by prepaid mail, or
33 deliver in person to the Department of Justice, a report that includes
34information concerning the individual taking possession of the
35firearm, how title was obtained and from whom, and a description
36of the firearm in question. The report forms that individuals
37complete pursuant to this section shall be provided to them by the
38Department of Justice.

39(d) The person taking title to the firearm shall first obtain a
40begin delete handgunend deletebegin insert firearmend insert safety certificatebegin delete, if the firearm is a handgunend delete.

P4    1(e) The person receiving the firearm is 18 years of age or older.

2begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 27880 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

3

27880.  

Section 27545 does not apply to the loan of a firearm
4between persons who are personally known to each other, if all of
5the following requirements are satisfied:

6(a) The loan is infrequent, as defined in Section 16730.

7(b) The loan is for any lawful purpose.

8(c) The loan does not exceed 30 days in duration.

9(d) begin deleteIf the firearm is a handgun, the end deletebegin insertThe end insertindividual being loaned
10thebegin delete handgunend deletebegin insert firearmend insert shall have a validbegin delete handgunend deletebegin insert firearmend insert safety
11certificate.

12begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 27920 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

13

27920.  

Section 27545 does not apply to a person who takes
14title or possession of abegin delete handgun, and commencing January 1, 2014,
15anyend delete
firearmbegin delete,end delete by operation of law if the person is not prohibited by
16state or federal law from possessing, receiving, owning, or
17purchasing a firearm and all of the following conditions are met:

18(a) If the person taking title or possession is neither a levying
19officer as defined in Section 481.140, 511.060, or 680.260 of the
20Code of Civil Procedure, nor a person who is receiving that firearm
21pursuant to subdivision (g), (i), or (j) of Section 16990, the person
22shall, within 30 days of taking possession, forward by prepaid mail
23or deliver in person to the Department of Justice, a report of
24information concerning the individual taking possession of the
25firearm, how title or possession was obtained and from whom, and
26a description of the firearm in question.

27(b) If the person taking title or possession is receiving the
28firearm pursuant to subdivision (g) of Section 16990, the person
29shall do both of the following:

30(1) Within 30 days of taking possession, forward by prepaid
31mail or deliver in person to the department, a report of information
32concerning the individual taking possession of the firearm, how
33title or possession was obtained and from whom, and a description
34of the firearm in question.

35(2) Prior to taking title or possession of the firearm, the person
36shall obtain abegin delete handgunend deletebegin insert firearmend insert safety certificatebegin delete, if the firearm is
37a handgunend delete
.

38(c) Where the person receiving title or possession of the
39begin delete handgun, and commencing January 1, 2014, anyend delete firearmbegin delete,end delete is a
40person described in subdivision (i) of Section 16990, on the date
P5    1that the person is delivered the firearm, the name and other
2information concerning the person taking possession of the firearm,
3how title or possession of the firearm was obtained and from whom,
4and a description of the firearm by make, model, serial number,
5and other identifying characteristics shall be entered into the
6Automated Firearms System (AFS) via the California Law
7Enforcement Telecommunications System (CLETS) by the law
8enforcement or state agency that transferred or delivered the
9firearm, provided, however, that if the firearm is not a handgun
10and does not have a serial number, identification number, or
11identification mark assigned to it, that fact shall be noted in AFS.
12An agency without access to AFS shall arrange with the sheriff of
13the county in which the agency is located to input this information
14via this system.

15(d) Where the person receiving title or possession of the
16begin delete handgun, and commencing January 1, 2014, anyend delete firearmbegin delete,end delete is a
17person described in subdivision (j) of Section 16990, on the date
18that the person is delivered the firearm, the name and other
19information concerning the person taking possession of the firearm,
20how title or possession of the firearm was obtained and from whom,
21and a description of the firearm by make, model, serial number,
22and other identifying characteristics shall be entered into the AFS
23via the CLETS by the law enforcement or state agency that
24transferred or delivered the firearm, provided, however, that if the
25firearm is not a handgun and does not have a serial number,
26identification number, or identification mark assigned to it, that
27fact shall be noted in AFS. An agency without access to AFS shall
28arrange with the sheriff of the county in which the agency is located
29to input this information via this system. In additionbegin delete, if the firearm
30is a handgunend delete
, that law enforcement agency shall not deliverbegin delete that
31handgunend delete
begin insert the firearmend insert to the person referred to in this subdivision
32unless, prior to the delivery of thebegin delete handgunend deletebegin insert firearmend insert, the person
33presents proof to the agency that the person is the holder of a
34begin delete handgunend deletebegin insert firearmend insert safety certificate.

35(e) The reports that individuals complete pursuant to this section
36shall be provided to them by the Department of Justice.

37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 27925 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

38

27925.  

(a) Section 27545 does not apply to a person who takes
39possession of a firearm by operation of law in a representative
P6    1capacity who subsequently transfers ownership of the firearm to
2himself or herself in an individual capacity.

3(b) begin deleteIn the case of a handgun, the end deletebegin insertThe end insertindividual shall obtain a
4begin delete handgunend deletebegin insert firearmend insert safety certificate prior to transferring ownership
5to himself or herself, or taking possession of abegin delete handgunend deletebegin insert firearmend insert
6 in an individual capacity.

7begin insert

begin insertSEC. 8.end insert  

end insert

begin insertThe heading of Chapter 4 (commencing with Section
831500) of Division 10 of Title 4 of Part 6 of the end insert
begin insertPenal Codeend insertbegin insert is
9amended to read:end insert

10 

11Chapter  4. Handgunsbegin insert and Firearm Safetyend insert
12

 

13begin insert

begin insertSEC. 9.end insert  

end insert

begin insertThe heading of Article 2 (commencing with Section
1431610) of Chapter 4 of Division 10 of Title 4 of Part 6 of the end insert
begin insertPenal
15Code
end insert
begin insert is amended to read:end insert

16 

17Article 2.  begin deleteHandgun end deletebegin insertFirearm end insertSafety Certificate
18

 

19begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 31610 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

20

31610.  

It is the intent of the Legislature in enacting this article
21to require that persons who obtainbegin delete handgunsend deletebegin insert firearmsend insert have a basic
22familiarity with those firearms, including, but not limited to, the
23safe handling and storage of those firearms. It is not the intent of
24the Legislature to require abegin delete handgunend deletebegin insert firearmend insert safety certificate for
25the mere possession of a firearm.

26begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 31615 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

27

31615.  

(a) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert do either of the following:

28(1) Purchase or receive anybegin delete handgunend deletebegin insert firearmend insert, except an antique
29firearm, without a validbegin delete handgunend deletebegin insert firearmend insert safety certificate.

30(2) Sell, deliver, loan, or transfer anybegin delete handgunend deletebegin insert firearmend insert, except
31an antique firearm, to any person who does not have a valid
32begin delete handgunend deletebegin insert firearmend insert safety certificate.

33(b) Any person who violates subdivision (a) is guilty of a
34misdemeanor.

35(c) The provisions of this section are cumulative, and shall not
36be construed as restricting the application of any other law.
37However, an act or omission punishable in different ways by
38different provisions of this code shall not be punished under more
39than one provision.

40begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 31620 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P7    1

31620.  

(a) begin deleteNo end deletebegin insertA end insertpersonbegin delete mayend deletebegin insert shall notend insert commit an act of
2collusion as specified in Section 27550.

3(b) Any person who alters, counterfeits, or falsifies abegin delete handgunend delete
4begin insert firearmend insert safety certificate, or who uses or attempts to use any
5altered, counterfeited, or falsifiedbegin delete handgunend deletebegin insert firearmend insert safety certificate
6to purchase abegin delete handgunend deletebegin insert firearmend insert is guilty of a misdemeanor.

7(c) The provisions of this section are cumulative and shall not
8be construed as restricting the application of any other law.
9However, an act or omission punishable in different ways by this
10section and different provisions of this code shall not be punished
11under more than one provision.

12begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 31625 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

13

31625.  

(a) begin deleteNo end deletebegin insertA end insertcertified instructorbegin delete mayend deletebegin insert shall notend insert issue a
14begin delete handgunend deletebegin insert firearmend insert safety certificate to any person who has not
15complied with this article. Proof of compliance shall be forwarded
16to the department by certified instructors as frequently as the
17department may determine.

18(b) begin deleteNo end deletebegin insertA end insertcertified instructorbegin delete mayend deletebegin insert shall notend insert issue abegin delete handgunend delete
19begin insert firearmend insert safety certificate to any person who is under 18 years of
20age.

21(c) A violation of this section shall be grounds for the
22department to revoke the instructor’s certification to issuebegin delete handgunend delete
23begin insert firearmend insert safety certificates.

24begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 31630 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

31630.  

(a) The department shall develop an instruction manual
26in English and in Spanish by October 1, 2002. The department
27shall make the instructional manual available to firearms dealers
28licensed pursuant to Sections 26700 to 26915, inclusive, who shall
29make it available to the general public. Essential portions of the
30manual may be included in the pamphlet described in Section
3134205.

32(b) The department shall develop audiovisual materials in
33English and in Spanish by March 1, 2003, to be issued to instructors
34certified by the department.

35(c) The department shall solicit input from any reputable
36association or organization, including any law enforcement
37association that has as one of its objectives the promotion of
38firearms safety, in the development of thebegin delete handgunend deletebegin insert firearmend insert safety
39certificate instructional materials.

40begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 31635 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P8    1

31635.  

(a) The department shall prescribe a minimum level
2of skill, knowledge, and competency to be required of allbegin delete handgunend delete
3begin insert firearmend insert safety certificate instructors.

4(b) Department Certified Instructor applicants shall have a
5certification to provide training from one of the following
6organizations as specified, or any entity found by the department
7to give comparable instruction in firearms safety, or the applicant
8shall have similar or equivalent training to that provided by the
9following, as determined by the department:

10(1) Department of Consumer Affairs, State of California-Firearm
11Training Instructor.

12(2) Director of Civilian Marksmanship, Instructor or
13Rangemaster.

14(3) Federal Government, Certified Rangemaster or Firearm
15Instructor.

16(4) Federal Law Enforcement Training Center, Firearm
17Instructor Training Program or Rangemaster.

18(5) United States Military, Military Occupational Specialty
19(MOS) as marksmanship or firearms instructor. Assignment as
20Range Officer or Safety Officer are not sufficient.

21(6) National Rifle Association-Certified Instructor, Law
22Enforcement Instructor, Rangemaster, or Training Counselor.

23(7) Commission on Peace Officer Standards and Training
24(POST), State of California-Firearm Instructor or Rangemaster.

25(8) Authorization from a State of California accredited school
26to teach a firearm training course.

27begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 31640 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

31640.  

(a) The department shall develop a written objective
29test, in English and in Spanish, and prescribe its content, form,
30and manner, to be administered by an instructor certified by the
31department.

32(b) If the person taking the test is unable to read, the examination
33shall be administered orally. If the person taking the test is unable
34to read English or Spanish, the test may be applied orally by a
35translator.

36(c) The test shall cover, but not be limited to, all of the
37following:

38(1) The laws applicable to carrying and handling firearms,
39particularly handguns.

P9    1(2) The responsibilities of ownership of firearms, particularly
2handguns.

3(3) Current law as it relates to the private sale and transfer of
4firearms.

5(4) Current law as it relates to the permissible use of lethal force.

6(5) What constitutes safe firearm storage.

7(6) Issues associated with bringing abegin delete handgunend deletebegin insert firearmend insert into the
8home.

9(7) Prevention strategies to address issues associated with
10bringing firearms into the home.

11(d) The department shall update test materials related to this
12article every five years.

13(e) If a dealer licensed pursuant to Sections 26700 to 26915,
14inclusive, or his or her employee, or where the managing officer
15or partner is certified as an instructor pursuant to this article, he
16or she shall also designate a separate room or partitioned area for
17 a person to take the objective test, and maintain adequate
18supervision to assure that no acts of collusion occur while the
19objective test is being administered.

20begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 31645 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

21

31645.  

(a) An applicant for abegin delete handgunend deletebegin insert firearmend insert safety certificate
22shall successfully pass the objective test referred to in Section
2331640, with a passing grade of at least 75 percent. Any person
24receiving a passing grade on the objective test shall immediately
25be issued abegin delete handgunend deletebegin insert firearmend insert safety certificate by the instructor.

26(b) An applicant who fails to pass the objective test upon the
27first attempt shall be offered additional instructional materials by
28the instructor, such as a videotape or booklet. The person may not
29retake the objective test under any circumstances until 24 hours
30have elapsed after the failure to pass the objective test upon the
31first attempt. The person failing the test on the first attempt shall
32take another version of the test upon the second attempt. All tests
33shall be taken from the same instructor except upon permission
34by the department, which shall be granted only for good cause
35shown. The instructor shall make himself or herself available to
36the applicant during regular business hours in order to retake the
37test.

38begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 31650 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P10   1

31650.  

(a) The certified instructor may charge a fee of
2twenty-five dollars ($25), fifteen dollars ($15) of which is to be
3paid to the department pursuant to subdivision (c).

4(b) An applicant to renew abegin delete handgunend deletebegin insert firearmend insert safety certificate
5shall be required to pass the objective test. The certified instructor
6may charge a fee of twenty-five dollars ($25), fifteen dollars ($15)
7of which is to be forwarded to the department pursuant to
8subdivision (c).

9(c) The department may charge the certified instructor up to
10fifteen dollars ($15) for eachbegin delete handgunend deletebegin insert firearmend insert safety certificate
11issued by that instructor to cover the department’s cost in carrying
12out and enforcing this article, and enforcing the provisions listed
13in subdivision (e), as determined annually by the department.

14(d) All money received by the department pursuant to this article
15shall be deposited into the Firearms Safety and Enforcement
16Special Fund created pursuant to Section 28300.

17(e) The department shall conduct enforcement activities,
18including, but not limited to, law enforcement activities to ensure
19compliance with the following provisions:

20(1) Section 830.95.

21(2) Title 2 (commencing with Section 12001) of Part 4.

22(3) This part, except Sections 16965, 17235, and 21510.

23begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 31655 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

24

31655.  

(a) The department shall developbegin delete handgunend deletebegin insert firearmend insert
25 safety certificates to be issued by instructors certified by the
26begin delete department,end deletebegin insert departmentend insert to those persons who have complied with
27this article.

28(b) Abegin delete handgunend deletebegin insert firearmend insert safety certificate shall include, but not
29be limited to, the following information:

30(1) A uniquebegin delete handgunend deletebegin insert firearmend insert safety certificate identification
31number.

32(2) The holder’s full name.

33(3) The holder’s date of birth.

34(4) The holder’s driver’s license or identification number.

35(5) The holder’s signature.

36(6) The signature of the issuing instructor.

37(7) The date of issuance.

38(c) Thebegin delete handgunend deletebegin insert firearmend insert safety certificate shall expire five years
39after the date that it was issued by the certified instructor.

40begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 31660 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P11   1

31660.  

(a) In the case of loss or destruction of abegin delete handgunend delete
2begin insert firearmend insert safety certificate, the issuing instructor shall issue a
3duplicate certificate upon request and proof of identification to the
4certificate holder.

5(b) The department may authorize the issuing instructor to
6charge a fee not to exceed fifteen dollars ($15), for a duplicate
7certificate. Revenues from this fee shall be deposited in the
8Firearms Safety and Enforcement Special Fund, created pursuant
9to Section 28300.

10begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 31700 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

31700.  

(a) The following persons, properly identified, are
12exempted from thebegin delete handgunend deletebegin insert firearmend insert safety certificate requirement
13in subdivision (a) of Section 31615:

14(1) Any active or honorably retired peace officer, as defined in
15Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

16(2) Any active or honorably retired federal officer or law
17enforcement agent.

18(3) Any reserve peace officer, as defined in Section 832.6.

19(4) Any person who has successfully completed the course of
20training specified in Section 832.

21(5) A firearms dealer licensed pursuant to Sections 26700 to
2226915, inclusive, who is acting in the course and scope of that
23person’s activities as a person licensed pursuant to Sections 26700
24to 26915, inclusive.

25(6) A federally licensed collector who is acquiring or being
26loaned abegin delete handgunend deletebegin insert firearmend insert that is a curio or relic, as defined in
27Section 478.11 of Title 27 of the Code of Federal Regulations,
28who has a current certificate of eligibility issued by the department
29pursuant to Section 26710.

30(7) A person to whom abegin delete handgunend deletebegin insert firearmend insert is being returned,
31where the person receiving the firearm is the owner of the firearm.

32(8) A family member of a peace officer or deputy sheriff from
33a local agency who receives a firearm pursuant to Section 50081
34of the Government Code.

35(9) Any individual who has a valid concealed weapons permit
36issued pursuant to Chapter 4 (commencing with Section 26150)
37of Division 5.

38(10) An active, or honorably retired member of the United States
39Armed Forces, the National Guard, the Air National Guard, the
40active reserve components of the United States, where individuals
P12   1in those organizations are properly identified. For purposes of this
2section, proper identification includes the Armed Forces
3Identification Card, or other written documentation certifying that
4the individual is an active or honorably retired member.

5(11) Any person who is authorized to carry loaded firearms
6pursuant to Section 26025 or 26030.

7(12) Persons who are the holders of a special weapons permit
8issued by the department pursuant to Section 32650 or 33300,
9pursuant to Article 3 (commencing with Section 18900) of Chapter
101 of Division 5 of Title 2, or pursuant to Article 4 (commencing
11with Section 32700) of Chapter 6 of this division.

12(b) The following persons who take title or possession of a
13begin delete handgunend deletebegin insert firearmend insert by operation of law in a representative capacity,
14until or unless they transfer title ownership of thebegin delete handgunend deletebegin insert firearmend insert
15 to themselves in a personal capacity, are exempted from the
16begin delete handgunend deletebegin insert firearmend insert safety certificate requirement in subdivision (a)
17of Section 31615:

18(1) The executor or administrator of an estate.

19(2) A secured creditor or an agent or employee thereof when
20the firearms are possessed as collateral for, or as a result of, or an
21agent or employee thereof when the firearms are possessed as
22collateral for, or as a result of, a default under a security agreement
23under the Commercial Code.

24(3) A levying officer, as defined in Section 481.140, 511.060,
25or 680.260 of the Code of Civil Procedure.

26(4) A receiver performing the functions of a receiver.

27(5) A trustee in bankruptcy performing the duties of a trustee.

28(6) An assignee for the benefit of creditors performing the
29functions of an assignee.

30begin insert

begin insertSEC. 22.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
31to Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

end insert
begin delete
39

SECTION 1.  

Section 26525 of the Penal Code is amended to
40read:

P13   1

26525.  

(a) Section 26500 does not apply to the sale, lease, or
2transfer of used firearms, other than handguns, at gun shows or
3events, as specified in Article 1 (commencing with Section 26700)
4and Article 2 (commencing with Section 26800) of Chapter 2, by
5a person other than a licensee or dealer, provided the person has
6a valid federal firearms license and a current certificate of eligibility
7issued by the Department of Justice, as specified in Section 26710,
8and provided all the sales, leases, or transfers fully comply with
9Section 27545. However, the person shall not sell, lease, or transfer
10 used firearms other than handguns at more than 12 gun shows or
11events in any calendar year and shall not sell, lease, or transfer
12more than 15 used firearms other than handguns at any single gun
13show or event. In no event shall the person sell more than 75 used
14firearms other than handguns in any calendar year.

15(b) The Department of Justice shall adopt regulations to
16administer this program and shall recover the full costs of
17administration from fees assessed applicants.

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