BILL NUMBER: SB 683 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Block
FEBRUARY 22, 2013
An act to amend Section 26525 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 headin
g of Article 2 (commencing with Section 31610) of Chapter
4 of Division 10 of Title 4 of Part 6 of , the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 683, as amended, Block. Firearms: used firearms.
firearm safety certificate.
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.
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.
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 no reimbursement is required by this
act for a specified reason.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16670 of the Penal
Code is amended to read:
16670. As used in this part, "handgun
"firearm safety certificate" means a certificate
issued by the Department of Justice pursuant to Sections 31610 to
31700, inclusive, or pursuant to former Article 8 (commencing with
Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was
operative at any time from January 1, 2003, until it was repealed by
the Deadly Weapons Recodification Act of 2010.
SEC. 2. Section 26840 of the Penal Code
is amended to read:
26840. No A dealer may
shall not deliver a handgun
firearm unless the person receiving the handgun
firearm presents to the dealer a valid
handgun firearm safety certificate. The firearms
dealer shall retain a photocopy of the handgun
firearm safety certificate as proof of compliance with
this requirement.
SEC. 3. Section 27540 of the Penal Code
is amended to read:
27540. No A dealer, whether or not
acting pursuant to Chapter 5 (commencing with Section 28050), shall
not deliver a firearm to a person, as follows:
(a) Within 10 days of the application to purchase, or, after
notice by the department pursuant to Section 28220, within 10 days of
the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(c) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person's identity and age to
the dealer.
(d) Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(e) No handgun A firearm shall
not be delivered unless the purchaser, transferee, or person
being loaned the handgun firearm
presents a handgun firearm safety
certificate to the dealer.
(f) No A handgun shall not
be delivered whenever the dealer is notified by the Department
of Justice that within the preceding 30-day period the purchaser has
made another application to purchase a handgun and that the previous
application to purchase involved none of the entities specified in
subdivision (b) of Section 27535.
SEC. 4. Section 27875 of the Penal Code
is amended to read:
27875. Section 27545 does not apply to the transfer of a
handgun, and commencing January 1, 2014, any firearm
, by gift, bequest, intestate succession, or other
means from one individual to another, if all of the following
requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun firearm safety certificate
, if the firearm is a handgun .
(e) The person receiving the firearm is 18 years of age or older.
SEC. 5. Section 27880 of the Penal Code
is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the The
individual being loaned the handgun
firearm shall have a valid handgun
firearm safety certificate.
SEC. 6. Section 27920 of the Penal Code
is amended to read:
27920. Section 27545 does not apply to a person who takes title
or possession of a handgun, and commencing January 1, 2014,
any firearm , by operation of law if the
person is not prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm and all of the following
conditions are met:
(a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
(b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
(1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
(2) Prior to taking title or possession of the firearm, the person
shall obtain a handgun firearm safety
certificate , if the firearm is a handgun .
(c) Where the person receiving title or possession of the
handgun, and commencing January 1, 2014, any firearm
, is a person described in subdivision (i) of
Section 16990, on the date that the person is delivered the firearm,
the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics shall be
entered into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency that transferred or delivered the
firearm, provided, however, that if the firearm is not a handgun and
does not have a serial number, identification number, or
identification mark assigned to it, that fact shall be noted in AFS.
An agency without access to AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.
(d) Where the person receiving title or possession of the
handgun, and commencing January 1, 2014, any firearm
, is a person described in subdivision (j) of
Section 16990, on the date that the person is delivered the firearm,
the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics shall be
entered into the AFS via the CLETS by the law enforcement or state
agency that transferred or delivered the firearm, provided, however,
that if the firearm is not a handgun and does not have a serial
number, identification number, or identification mark assigned to it,
that fact shall be noted in AFS. An agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system. In addition
, if the firearm is a handgun , that law
enforcement agency shall not deliver that handgun
the firearm to the person referred to in this subdivision
unless, prior to the delivery of the handgun
firearm , the person presents proof to the agency that the
person is the holder of a handgun firearm
safety certificate.
(e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
SEC. 7. Section 27925 of the Penal Code
is amended to read:
27925. (a) Section 27545 does not apply to a person who takes
possession of a firearm by operation of law in a representative
capacity who subsequently transfers ownership of the firearm to
himself or herself in an individual capacity.
(b) In the case of a handgun, the The
individual shall obtain a handgun
firearm safety certificate prior to transferring ownership to
himself or herself, or taking possession of a handgun
firea rm in an individual capacity.
SEC. 8. The heading of Chapter 4 (commencing with
Section 31500) of Division 10 of Title 4 of Part 6 of the
Penal Code is amended to read:
CHAPTER 4. HANDGUNS AND FIREARM SAFETY
SEC. 9. The heading of Article 2 (commencing with
Section 31610) of Chapter 4 of Division 10 of Title 4 of
Part 6 of the Penal Code is amended to read:
Article 2. Handgun Firearm
Safety Certificate
SEC. 10. Section 31610 of the Penal
Code is amended to read:
31610. It is the intent of the Legislature in enacting this
article to require that persons who obtain handguns
firearms have a basic familiarity with those
firearms, including, but not limited to, the safe handling and
storage of those firearms. It is not the intent of the Legislature to
require a handgun firearm safety
certificate for the mere possession of a firearm.
SEC. 11. Section 31615 of the Penal
Code is amended to read:
31615. (a) No A person shall
not do either of the following:
(1) Purchase or receive any handgun
firearm , except an antique firearm, without a valid
handgun firearm safety certificate.
(2) Sell, deliver, loan, or transfer any handgun
firearm , except an antique firearm, to any
person who does not have a valid handgun
firearm safety certificate.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
SEC. 12. Section 31620 of the Penal
Code is amended to read:
31620. (a) No A person may
shall not commit an act of collusion as
specified in Section 27550.
(b) Any person who alters, counterfeits, or falsifies a
handgun firearm safety certificate, or who uses
or attempts to use any altered, counterfeited, or falsified
handgun firearm safety certificate to purchase a
handgun firearm is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.
SEC. 13. Section 31625 of the Penal
Code is amended to read:
31625. (a) No A certified
instructor may shall not issue a
handgun firearm safety certificate to
any person who has not complied with this article. Proof of
compliance shall be forwarded to the department by certified
instructors as frequently as the department may determine.
(b) No A certified instructor
may shall not issue a handgun
firearm safety certificate to any person who is
under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue
handgun firearm safety certificates.
SEC. 14. Section 31630 of the Penal Code
is amended to read:
31630. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Sections 26700 to 26915, inclusive, who shall make it
available to the general public. Essential portions of the manual may
be included in the pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the handgun
firearm safety certificate instructional materials.
SEC. 15. Section 31635 of the Penal Code
is amended to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all
handgun firearm safety certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
SEC. 16. Section 31640 of the Penal
Code is amended to read:
31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and transfer of
firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a handgun
firearm into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to assure that no acts of collusion occur while the objective test is
being administered.
SEC. 17. Section 31645 of the Penal
Code is amended to read:
31645. (a) An applicant for a handgun
firearm safety certificate shall successfully pass the
objective test referred to in Section 31640, with a passing grade of
at least 75 percent. Any person receiving a passing grade on the
objective test shall immediately be issued a handgun
firearm safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
SEC. 18. Section 31650 of the Penal
Code is amended to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
(b) An applicant to renew a handgun
firearm safety certificate shall be required to pass the
objective test. The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
forwarded to the department pursuant to subdivision (c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun
firearm safety certificate issued by that instructor to cover
the department's cost in carrying out and enforcing this article, and
enforcing the provisions listed in subdivision (e), as determined
annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
SEC. 19. Section 31655 of the Penal
Code is amended to read:
31655. (a) The department shall develop handgun
firearm safety certificates to be issued by
instructors certified by the department,
department to those persons who have complied with this
article.
(b) A handgun firearm safety
certificate shall include, but not be limited to, the following
information:
(1) A unique handgun firearm safety
certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The handgun firearm safety
certificate shall expire five years after the date that it was issued
by the certified instructor.
SEC. 20. Section 31660 of the Penal
Code is amended to read:
31660. (a) In the case of loss or destruction of a
handgun firearm safety certificate, the issuing
instructor shall issue a duplicate certificate upon request and proof
of identification to the certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund, created pursuant to
Section 28300.
SEC. 21. Section 31700 of the
Penal Code is amended to read:
31700. (a) The following persons, properly identified, are
exempted from the handgun firearm
safety certificate requirement in subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a handgun firearm that is a
curio or relic, as defined in Section 478.11 of Title 27 of the Code
of Federal Regulations, who has a current certificate of eligibility
issued by the department pursuant to Section 26710.
(7) A person to whom a handgun firearm
is being returned, where the person receiving the firearm is
the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
handgun firearm by operation of law in
a representative capacity, until or unless they transfer title
ownership of the handgun firearm to
themselves in a personal capacity, are exempted from the
handgun firearm safety certificate requirement
in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
SEC. 22. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SECTION 1. Section 26525 of the Penal Code is
amended to read:
26525. (a) Section 26500 does not apply to the sale, lease, or
transfer of used firearms, other than handguns, at gun shows or
events, as specified in Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 26710,
and provided all the sales, leases, or transfers fully comply with
Section 27545. However, the person shall not sell, lease, or transfer
used firearms other than handguns at more than 12 gun shows or
events in any calendar year and shall not sell, lease, or transfer
more than 15 used firearms other than handguns at any single gun show
or event. In no event shall the person sell more than 75 used
firearms other than handguns in any calendar year.
(b) The Department of Justice shall adopt regulations to
administer this program and shall recover the full costs of
administration from fees assessed applicants.