Amended in Senate May 24, 2013

Amended in Senate April 1, 2013

Senate BillNo. 683


Introduced by Senator Block

February 22, 2013


An act to amend Sectionsbegin delete 16670, 26840,end delete 27540, 27875, 27880, 27920,begin insert andend insert 27925begin delete, 31610, 31615, 31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700end delete of, to amend the heading of Chapter 4 (commencing with Section 31500) of Division 10 of Title 4 of Part 6 of,begin delete andend delete to amend the heading of Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of Title 4 of Part 6 of,begin insert and to amend, repeal, and add Sections 16670, 26840, 31610, 31615, 31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 of,end insert the Penal Code, relating to firearmsbegin insert, and making an appropriation thereforend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 683, as amended, Block. 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 insteadbegin insert, commencing January 1, 2015,end insert 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.

begin insert

Existing law allows the Department of Justice to charge a certified instructor up to $15 for each handgun safety certificate issued by that instructor and requires the funds to be deposited in the Firearms Safety and Enforcement Special Fund, which is a continuously appropriated fund.

end insert
begin insert

This bill would, commencing January 1, 2015, allow the department to collect $15 for each firearm safety certificate and would require the funds to be deposited in the Firearms Safety and Enforcement Special Fund, which is continuously appropriated, thereby making and appropriation.

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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 16670 of the Penal Code is amended to
2read:

3

16670.  

begin insert(a)end insertbegin insertend insert As used in this part,begin delete “firearmend deletebegin insert end insertbegin insertend insertbegin inserthandgunend 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.

begin insert

10(b) This section shall remain in effect only until January 1, 2015,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2015, deletes or extends that date.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 16670 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
14

begin insert16670.end insert  

(a) As used in this part, “firearm safety certificate”
15means a certificate issued by the Department of Justice pursuant
16to Sections 31610 to 31700, inclusive, or pursuant to former Article
178 (commencing with Section 12800) of Chapter 6 of Title 2 of Part
184, as that article was operative at any time from January 1, 2003,
P3    1until it was repealed by the Deadly Weapons Recodification Act
2of 2010.

3(b) This section shall become operative on January 1, 2015.

end insert
4

begin deleteSEC. 2.end delete
5begin insertSEC. 3.end insert  

Section 26840 of the Penal Code is amended to read:

6

26840.  

begin insert(a)end insertbegin insertend insert A dealer shall not deliver abegin delete firearmend deletebegin insert handgun end insert unless
7the person receiving thebegin delete firearmend deletebegin insert handgunend insert presents to the dealer a
8validbegin delete firearmend deletebegin insert handgunend insert safety certificate. The firearms dealer shall
9retain a photocopy of thebegin delete firearmend deletebegin insert handgunend insert safety certificate as
10proof of compliance with this requirement.

begin insert

11(b) This section shall remain in effect only until January 1, 2015,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2015, deletes or extends that date.

end insert
14begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 26840 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
15

begin insert26840.end insert  

(a) A dealer shall not deliver a firearm unless the
16person receiving the firearm presents to the dealer a valid firearm
17safety certificate. The firearms dealer shall retain a photocopy of
18the firearm safety certificate as proof of compliance with this
19requirement.

20(b) This section shall become operative on January 1, 2015.

end insert
21

begin deleteSEC. 3.end delete
22begin insertSEC. 5.end insert  

Section 27540 of the Penal Code is amended to read:

23

27540.  

A dealer, whether or not acting pursuant to Chapter 5
24(commencing with Section 28050), shall not deliver a firearm to
25a person, as follows:

26(a) Within 10 days of the application to purchase, or, after notice
27by the department pursuant to Section 28220, within 10 days of
28the submission to the department of any correction to the
29application, or within 10 days of the submission to the department
30of any fee required pursuant to Section 28225, whichever is later.

31(b) Unless unloaded and securely wrapped or unloaded and in
32a locked container.

33(c) Unless the purchaser, transferee, or person being loaned the
34firearm presents clear evidence of the person’s identity and age to
35the dealer.

36(d) Whenever the dealer is notified by the Department of Justice
37that the person is prohibited by state or federal law from possessing,
38receiving, owning, or purchasing a firearm.

39(e) Abegin insert handgun shall not be delivered unless the purchaser,
40transferee, or person being loaned the handgun presents a handgun
P4    1safety certificate. Commencing January 1, 2015, anyend insert
firearmbegin insert,
2including a handgun,end insert
shall not be delivered unless the purchaser,
3transferee, or person being loaned the firearm presents a firearm
4safety certificate to the dealer.

5(f) A handgun shall not be delivered whenever the dealer is
6notified by the Department of Justice that within the preceding
730-day period the purchaser has made another application to
8purchase a handgun and that the previous application to purchase
9involved none of the entities specified in subdivision (b) of Section
1027535.

11

begin deleteSEC. 4.end delete
12begin insertSEC. 6.end insert  

Section 27875 of the Penal Code is amended to read:

13

27875.  

Section 27545 does not apply to the transfer of a firearm
14by gift, bequest, intestate succession, or other means from one
15individual to another, if all of the following requirements are met:

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

17(b) The transfer is between members of the same immediate
18family.

19(c) Within 30 days of taking possession of the firearm, the
20person to whom it is transferred shall forward by prepaid mail, or
21 deliver in person to the Department of Justice, a report that includes
22information concerning the individual taking possession of the
23firearm, how title was obtained and from whom, and a description
24of the firearm in question. The report forms that individuals
25complete pursuant to this section shall be provided to them by the
26Department of Justice.

27(d) begin deleteThe end deletebegin insertUntil January 1, 2015, the end insertperson taking title to the
28firearm shall first obtain abegin insert handgun safety certificate if the firearm
29is a handgun, and commencing January 1, 2015, a end insert
firearm safety
30certificatebegin insert for any firearmend insert.

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

32

begin deleteSEC. 5.end delete
33begin insertSEC. 7.end insert  

Section 27880 of the Penal Code is amended to read:

34

27880.  

Section 27545 does not apply to the loan of a firearm
35between persons who are personally known to each other, if all of
36the following requirements are satisfied:

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

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

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

P5    1(d) begin deleteThe end deletebegin insertUntil January 1, 2015, if the firearm is a handgun, the end insert
2individual being loaned the firearm shall have a validbegin insert handgun
3safety certificate. Commencing January 1, 2015, for any firearm,
4the individual being loaned the firearm shall have a validend insert
firearm
5safety certificate.

6

begin deleteSEC. 6.end delete
7begin insertSEC. 8.end insert  

Section 27920 of the Penal Code is amended to read:

8

27920.  

Section 27545 does not apply to a person who takes
9title or possession of a firearm by operation of law if the person
10is not prohibited by state or federal law from possessing, receiving,
11owning, or purchasing a firearm and all of the following conditions
12are met:

13(a) If the person taking title or possession is neither a levying
14officer as defined in Section 481.140, 511.060, or 680.260 of the
15Code of Civil Procedure, nor a person who is receiving that firearm
16pursuant to subdivision (g), (i), or (j) of Section 16990, the person
17shall, within 30 days of taking possession, forward by prepaid mail
18or deliver in person to the Department of Justice, a report of
19information concerning the individual taking possession of the
20firearm, how title or possession was obtained and from whom, and
21a description of the firearm in question.

22(b) If the person taking title or possession is receiving the
23firearm pursuant to subdivision (g) of Section 16990, the person
24shall do both of the following:

25(1) Within 30 days of taking possession, forward by prepaid
26mail or deliver in person to the department, a report of information
27concerning the individual taking possession of the firearm, how
28title or possession was obtained and from whom, and a description
29of the firearm in question.

30(2) begin deletePrior end deletebegin insertUntil January 1, 2015, prior to taking title or
31possession of the firearm, the person shall obtain a handgun safety
32certificate, if the firearm is a handgun. Commencing January 1,
332015, prior end insert
to taking title or possession of the firearm, the person
34shall obtain a firearm safety certificatebegin insert for any firearm end insert.

35(c) Where the person receiving title or possession of the firearm
36is a person described in subdivision (i) of Section 16990, on the
37date that the person is delivered the firearm, the name and other
38information concerning the person taking possession of the firearm,
39how title or possession of the firearm was obtained and from whom,
40and a description of the firearm by make, model, serial number,
P6    1and other identifying characteristics shall be entered into the
2Automated Firearms System (AFS) via the California Law
3Enforcement Telecommunications System (CLETS) by the law
4enforcement or state agency that transferred or delivered the
5firearm, provided, however, that if the firearm is not a handgun
6and does not have a serial number, identification number, or
7identification mark assigned to it, that fact shall be noted in AFS.
8An agency without access to AFS shall arrange with the sheriff of
9the county in which the agency is located to input this information
10via this system.

11(d) Where the person receiving title or possession of the firearm
12is a person described in subdivision (j) of Section 16990, on the
13date that the person is delivered the firearm, the name and other
14information concerning the person taking possession of the firearm,
15how title or possession of the firearm was obtained and from whom,
16and a description of the firearm by make, model, serial number,
17and other identifying characteristics shall be entered into the AFS
18via the CLETS by the law enforcement or state agency that
19transferred or delivered the firearm, provided, however, that if the
20firearm is not a handgun and does not have a serial number,
21identification number, or identification mark assigned to it, that
22fact shall be noted in AFS. An agency without access to AFS shall
23arrange with the sheriff of the county in which the agency is located
24to input this information via this system. In addition, that law
25enforcement agency shall not deliver the firearm to the person
26referred to in this subdivision unless, prior to the delivery of the
27firearm, the person presents proof to the agency that the person is
28the holder of abegin delete firearmend deletebegin insert handgunend insert safety certificatebegin insert if the firearm is
29a handgun, and commencing January 1, 2015, a firearm safety
30certificate for any firearmend insert
.

31(e) The reports that individuals complete pursuant to this section
32shall be provided to them by the Department of Justice.

33

begin deleteSEC. 7.end delete
34begin insertSEC. 9.end insert  

Section 27925 of the Penal Code is amended to read:

35

27925.  

(a) Section 27545 does not apply to a person who takes
36possession of a firearm by operation of law in a representative
37capacity who subsequently transfers ownership of the firearm to
38himself or herself in an individual capacity.

39(b) begin deleteThe end deletebegin insertUntil January 1, 2015, in the case of a handgun, the
40individual shall obtain a handgun safety certificate prior to
P7    1transferring ownership to himself or herself, or taking possession
2of a handgun in an individual capacity. Beginning January 1,
32015, the end insert
individual shall obtain a firearm safety certificate prior
4to transferring ownership to himself or herself, or taking possession
5of a firearm in an individual capacity.

6

begin deleteSEC. 8.end delete
7begin insertSEC. 10.end insert  

The heading of Chapter 4 (commencing with Section
831500) of Division 10 of Title 4 of Part 6 of the Penal Code is
9amended to read:

10 

11Chapter  4. Handguns and Firearm Safety
12

 

13

begin deleteSEC. 9.end delete
14begin insertSEC. 11.end insert  

The heading of Article 2 (commencing with Section
1531610) of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal
16Code
is amended to read:

17 

18Article 2.  Firearm Safety Certificate
19

 

20

begin deleteSEC. 10.end delete
21begin insertSEC. 12.end insert  

Section 31610 of the Penal Code is amended to read:

22

31610.  

begin insert(a)end insertbegin insertend insert It is the intent of the Legislature in enacting this
23article to require that persons who obtainbegin delete firearmsend deletebegin insert handgunsend insert have
24a basic familiarity with those firearms, including, but not limited
25to, the safe handling and storage of those firearms. It is not the
26intent of the Legislature to require abegin delete firearmend deletebegin insert handgunend insert safety
27certificate for the mere possession of a firearm.

begin insert

28(b) This section shall remain in effect only until January 1, 2015,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2015, deletes or extends that date.

end insert
31begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 31610 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
32

begin insert31610.end insert  

(a) It is the intent of the Legislature in enacting this
33article to require that persons who obtain firearms have a basic
34familiarity with those firearms, including, but not limited to, the
35safe handling and storage of those firearms. It is not the intent of
36the Legislature to require a firearm safety certificate for the mere
37possession of a firearm.

38(b) This section shall become operative on January 1, 2015.

end insert
39

begin deleteSEC. 11.end delete
40begin insertSEC. 14.end insert  

Section 31615 of the Penal Code is amended to read:

P8    1

31615.  

(a) A person shall not do either of the following:

2(1) Purchase or receive anybegin delete firearmend deletebegin insert handgunend insert, except an antique
3firearm, without a validbegin delete firearmend deletebegin insert handgunend insert safety certificate.

4(2) Sell, deliver, loan, or transfer anybegin delete firearmend deletebegin insert handgunend insert, except
5an antique firearm, to any person who does not have a validbegin delete firearmend delete
6begin insert handgunend insert safety certificate.

7(b) Any person who violates subdivision (a) is guilty of a
8misdemeanor.

9(c) The provisions of this section are cumulative, and shall not
10be construed as restricting the application of any other law.
11However, an act or omission punishable in different ways by
12different provisions of this code shall not be punished under more
13than one provision.

begin insert

14(d) This section shall remain in effect only until January 1, 2015,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before January 1, 2015, deletes or extends that date.

end insert
17begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 31615 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
18

begin insert31615.end insert  

(a) A person shall not do either of the following:

19(1) Purchase or receive any firearm, except an antique firearm,
20without a valid firearm safety certificate.

21(2) Sell, deliver, loan, or transfer any firearm, except an antique
22firearm, to any person who does not have a valid firearm safety
23certificate.

24(b) Any person who violates subdivision (a) is guilty of a
25misdemeanor.

26(c) The provisions of this section are cumulative, and shall not
27be construed as restricting the application of any other law.
28However, an act or omission punishable in different ways by
29different provisions of this code shall not be punished under more
30than one provision.

31(d) This section shall become operative on January 1, 2015.

end insert
32

begin deleteSEC. 12.end delete
33begin insertSEC. 16.end insert  

Section 31620 of the Penal Code is amended to read:

34

31620.  

(a) A person shall not commit an act of collusion as
35specified in Section 27550.

36(b) Any person who alters, counterfeits, or falsifies abegin delete firearmend delete
37begin insert handgunend insert safety certificate, or who uses or attempts to use any
38altered, counterfeited, or falsifiedbegin delete firearmend deletebegin insert handgunend insert safety certificate
39to purchase abegin delete firearmend deletebegin insert handgun,end insert is guilty of a misdemeanor.

P9    1(c) The provisions of this section are cumulative and shall not
2be construed as restricting the application of any other law.
3However, an act or omission punishable in different ways by this
4section and different provisions of this code shall not be punished
5under more than one provision.

begin insert

6(d) This section shall remain in effect only until January 1, 2015,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2015, deletes or extends that date.

end insert
9begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 31620 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
10

begin insert31620.end insert  

(a) A person shall not commit an act of collusion as
11specified in Section 27550.

12(b) Any person who alters, counterfeits, or falsifies a firearm
13safety certificate, or who uses or attempts to use any altered,
14counterfeited, or falsified firearm safety certificate to purchase a
15firearm, is guilty of a misdemeanor.

16(c) The provisions of this section are cumulative and shall not
17be construed as restricting the application of any other law.
18However, an act or omission punishable in different ways by this
19section and different provisions of this code shall not be punished
20under more than one provision.

21(d) This section shall become operative on January 1, 2015.

end insert
22

begin deleteSEC. 13.end delete
23begin insertSEC. 18.end insert  

Section 31625 of the Penal Code is amended to read:

24

31625.  

(a) A certified instructor shall not issue abegin delete firearmend delete
25begin insert handgunend insert safety certificate to any person who has not complied
26with this article. Proof of compliance shall be forwarded to the
27department by certified instructors as frequently as the department
28may determine.

29(b) A certified instructor shall not issue abegin delete firearmend deletebegin insert handgunend insert safety
30 certificate to any person who is under 18 years of age.

31(c) A violation of this section shall be grounds for the
32department to revoke the instructor’s certification to issuebegin delete firearmend delete
33begin insert handgunend insert safety certificates.

begin insert

34(d) This section shall remain in effect only until January 1, 2015,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2015, deletes or extends that date.

end insert
37begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 31625 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
38

begin insert31625.end insert  

(a) A certified instructor shall not issue a firearm safety
39certificate to any person who has not complied with this article.
P10   1Proof of compliance shall be forwarded to the department by
2certified instructors as frequently as the department may determine.

3(b) A certified instructor shall not issue a firearm safety
4certificate to any person who is under 18 years of age.

5(c) A violation of this section shall be grounds for the
6department to revoke the instructor’s certification to issue firearm
7safety certificates.

8(d) This section shall become operative on January 1, 2015.

end insert
9

begin deleteSEC. 14.end delete
10begin insertSEC. 20.end insert  

Section 31630 of the Penal Code is amended to read:

11

31630.  

(a) The department shall develop an instruction manual
12in English and in Spanish by October 1, 2002. The department
13shall make the instructional manual available to firearms dealers
14licensed pursuant to Sections 26700 to 26915, inclusive, who shall
15make it available to the general public. Essential portions of the
16manual may be included in the pamphlet described in Section
1734205.

18(b) The department shall develop audiovisual materials in
19English and in Spanish by March 1, 2003, to be issued to instructors
20certified by the department.

21(c) The department shall solicit input from any reputable
22association or organization, including any law enforcement
23association that has as one of its objectives the promotion of
24firearms safety, in the development of thebegin delete firearmend deletebegin insert handgunend insert safety
25certificate instructional materials.

begin insert

26(d) This section shall remain in effect only until January 1, 2015,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2015, deletes or extends that date.

end insert
29begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 31630 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
30

begin insert31630.end insert  

(a) The department shall develop an instruction manual
31in English and in Spanish. The department shall make the
32instructional manual available to firearms dealers licensed
33pursuant to Sections 26700 to 26915, inclusive, who shall make
34it available to the general public. Essential portions of the manual
35may be included in the pamphlet described in Section 34205.

36(b) The department shall develop audiovisual materials in
37English and in Spanish to be issued to instructors certified by the
38department.

39(c) The department shall solicit input from any reputable
40association or organization, including any law enforcement
P11   1association that has as one of its objectives the promotion of
2 firearms safety, in the development of the firearm safety certificate
3instructional materials.

4(d) This section shall become operative on January 1, 2015.

end insert
5

begin deleteSEC. 15.end delete
6begin insertSEC. 22.end insert  

Section 31635 of the Penal Code is amended to read:

7

31635.  

(a) The department shall prescribe a minimum level
8of skill, knowledge, and competency to be required of allbegin delete firearmend delete
9begin insert handgunend insert safety certificate instructors.

10(b) Department Certified Instructor applicants shall have a
11certification to provide training from one of the following
12organizationsbegin insert,end insert as specified, or any entity found by the department
13to give comparable instruction in firearms safety, or the applicant
14shall have similar or equivalent training to that provided by the
15following, as determined by the department:

16(1) Department of Consumer Affairs, State of California-Firearm
17Training Instructor.

18(2) Director of Civilian Marksmanship, Instructor or
19Rangemaster.

20(3) Federal Government, Certified Rangemaster or Firearm
21Instructor.

22(4) Federal Law Enforcement Training Center, Firearm
23Instructor Training Program or Rangemaster.

24(5) United States Military, Military Occupational Specialty
25(MOS) as marksmanship or firearms instructor. Assignment as
26Range Officer or Safety Officerbegin delete areend deletebegin insert isend insert not sufficient.

27(6) National Rifle Association-Certified Instructor, Law
28Enforcement Instructor, Rangemaster, or Training Counselor.

29(7) Commission on Peace Officer Standards and Training
30(POST), State of California-Firearm Instructor or Rangemaster.

31(8) Authorization from a State of California accredited school
32to teach a firearm training course.

begin insert

33(c) This section shall remain in effect only until January 1, 2015,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2015, deletes or extends that date.

end insert
36begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 31635 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
37

begin insert31635.end insert  

(a) The department shall prescribe a minimum level
38of skill, knowledge, and competency to be required of all firearm
39safety certificate instructors.

P12   1(b) Department Certified Instructor applicants shall have a
2certification to provide training from one of the following
3organizations, as specified, or any entity found by the department
4to give comparable instruction in firearms safety, or the applicant
5shall have similar or equivalent training to that provided by the
6following, as determined by the department:

7(1) Department of Consumer Affairs, State of California-Firearm
8Training Instructor.

9(2) Director of Civilian Marksmanship, Instructor or
10Rangemaster.

11(3) Federal Government, Certified Rangemaster or Firearm
12Instructor.

13(4) Federal Law Enforcement Training Center, Firearm
14Instructor Training Program or Rangemaster.

15(5) United States Military, Military Occupational Specialty
16(MOS) as marksmanship or firearms instructor. Assignment as
17Range Officer or Safety Officer is not sufficient.

18(6) National Rifle Association-Certified Instructor, Law
19Enforcement Instructor, Rangemaster, or Training Counselor.

20(7) Commission on Peace Officer Standards and Training
21(POST), State of California-Firearm Instructor or Rangemaster.

22(8) Authorization from a State of California accredited school
23to teach a firearm training course.

24(c) This section shall become operative on January 1, 2015.

end insert
25

begin deleteSEC. 16.end delete
26begin insertSEC. 24.end insert  

Section 31640 of the Penal Code is amended to read:

27

31640.  

(a) The department shall develop a written objective
28test, in English and in Spanish, and prescribe its content, form,
29and manner, to be administered by an instructor certified by the
30department.

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

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

37(1) The laws applicable to carrying and handling firearms,
38particularly handguns.

39(2) The responsibilities of ownership of firearms, particularly
40handguns.

P13   1(3) Current law as it relates to the private sale and transfer of
2firearms.

3(4) Current law as it relates to the permissible use of lethal force.

4(5) What constitutes safe firearm storage.

5(6) Issues associated with bringing abegin delete firearmend deletebegin insert handgunend insert into the
6home.

7(7) Prevention strategies to address issues associated with
8bringing firearms into the home.

9(d) The department shall update test materials related to this
10article every five years.

11(e) If a dealer licensed pursuant to Sections 26700 to 26915,
12inclusive, or his or her employee, or where the managing officer
13or partner is certified as an instructor pursuant to this article, he
14or she shall also designate a separate room or partitioned area for
15a person to take the objective test, and maintain adequate
16supervision to assure that no acts of collusion occur while the
17objective test is being administered.

begin insert

18(f) This section shall remain in effect only until January 1, 2015,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2015, deletes or extends that date.

end insert
21begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 31640 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
22

begin insert31640.end insert  

(a) The department shall develop a written objective
23test, in English and in Spanish, and prescribe its content, form,
24and manner, to be administered by an instructor certified by the
25department.

26(b) If the person taking the test is unable to read, the
27examination shall be administered orally. If the person taking the
28test is unable to read English or Spanish, the test may be applied
29orally by a translator.

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

31(1) The laws applicable to carrying and handling firearms,
32particularly handguns.

33(2) The responsibilities of ownership of firearms, particularly
34handguns.

35(3) Current law as it relates to the private sale and transfer of
36firearms.

37(4) Current law as it relates to the permissible use of lethal
38force.

39(5) What constitutes safe firearm storage.

40(6) Issues associated with bringing a firearm into the home.

P14   1(7) Prevention strategies to address issues associated with
2bringing firearms into the home.

3(d) The department shall update test materials related to this
4article every five years.

5(e) If a dealer licensed pursuant to Sections 26700 to 26915,
6inclusive, or his or her employee, or where the managing officer
7or partner is certified as an instructor pursuant to this article, he
8or she shall also designate a separate room or partitioned area
9for a person to take the objective test, and maintain adequate
10supervision to assure that no acts of collusion occur while the
11objective test is being administered.

12(f) This section shall become operative on January 1, 2015.

end insert
13

begin deleteSEC. 17.end delete
14begin insertSEC. 26.end insert  

Section 31645 of the Penal Code is amended to read:

15

31645.  

(a) An applicant for abegin delete firearmend deletebegin insert handgunend insert safety certificate
16shall successfully pass the objective test referred to in Section
1731640, with a passing grade of at least 75 percent. Any person
18receiving a passing grade on the objective test shall immediately
19be issued abegin delete firearmend deletebegin insert handgunend insert safety certificate by the instructor.

20(b) An applicant who fails to pass the objective test upon the
21first attempt shall be offered additional instructional materials by
22the instructor, such as a videotape or booklet. The person may not
23retake the objective test under any circumstances until 24 hours
24have elapsed after the failure to pass the objective test upon the
25first attempt. The person failing the test on the first attempt shall
26take another version of the test upon the second attempt. All tests
27shall be taken from the same instructor except upon permission
28by the department, which shall be granted only for good cause
29shown. The instructor shall make himself or herself available to
30the applicant during regular business hours in order to retake the
31test.

begin insert

32(c) This section shall remain in effect only until January 1, 2015,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2015, deletes or extends that date.

end insert
35begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 31645 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
36

begin insert31645.end insert  

(a) An applicant for a firearm safety certificate shall
37successfully pass the objective test referred to in Section 31640,
38with a passing grade of at least 75 percent. Any person receiving
39a passing grade on the objective test shall immediately be issued
40a firearm safety certificate by the instructor.

P15   1(b) An applicant who fails to pass the objective test upon the
2first attempt shall be offered additional instructional materials by
3the instructor, such as a videotape or booklet. The person may not
4retake the objective test under any circumstances until 24 hours
5have elapsed after the failure to pass the objective test upon the
6first attempt. The person failing the test on the first attempt shall
7take another version of the test upon the second attempt. All tests
8shall be taken from the same instructor except upon permission
9by the department, which shall be granted only for good cause
10shown. The instructor shall make himself or herself available to
11the applicant during regular business hours in order to retake the
12test.

13(c) This section shall become operative on January 1, 2015.

end insert
14

begin deleteSEC. 18.end delete
15begin insertSEC. 28.end insert  

Section 31650 of the Penal Code is amended to read:

16

31650.  

(a) The certified instructor may charge a fee of
17twenty-five dollars ($25), fifteen dollars ($15) of which is to be
18paid to the department pursuant to subdivision (c).

19(b) An applicant to renew abegin delete firearmend deletebegin insert handgunend insert safety certificate
20shall be required to pass the objective test. The certified instructor
21may charge a fee of twenty-five dollars ($25), fifteen dollars ($15)
22of which is to be forwarded to the department pursuant to
23subdivision (c).

24(c) The department may charge the certified instructor up to
25fifteen dollars ($15) for eachbegin delete firearmend deletebegin insert handgunend insert safety certificate
26issued by that instructor to cover the department’s cost in carrying
27out and enforcing this article, and enforcing the provisions listed
28in subdivision (e), as determined annually by the department.

29(d) All money received by the department pursuant to this article
30shall be deposited into the Firearms Safety and Enforcement
31Special Fund created pursuant to Section 28300.

32(e) The department shall conduct enforcement activities,
33including, but not limited to, law enforcement activities to ensure
34compliance with the following provisions:

35(1) Section 830.95.

36(2) Title 2 (commencing with Section 12001) of Part 4.

37(3) This part, except Sections 16965, 17235, and 21510.

begin insert

38(f) This section shall remain in effect only until January 1, 2015,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2015, deletes or extends that date.

end insert
P16   1begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 31650 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert31650.end insert  

(a) The certified instructor may charge a fee of
3twenty-five dollars ($25), fifteen dollars ($15) of which is to be
4paid to the department pursuant to subdivision (c).

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

10(c) The department may charge the certified instructor up to
11fifteen dollars ($15) for each firearm safety certificate issued by
12that instructor to cover the department’s cost in carrying out and
13enforcing this article, and enforcing the provisions listed in
14subdivision (e), as determined annually by the department.

15(d) All money received by the department pursuant to this article
16shall be deposited into the Firearms Safety and Enforcement
17Special Fund created pursuant to Section 28300.

18(e) The department shall conduct enforcement activities,
19including, but not limited to, law enforcement activities to ensure
20compliance with the following provisions:

21(1) Section 830.95.

22(2) Title 2 (commencing with Section 12001) of Part 4.

23(3) This part, except Sections 16965, 17235, and 21510.

24(f) This section shall become operative on January 1, 2015.

end insert
25

begin deleteSEC. 19.end delete
26begin insertSEC. 30.end insert  

Section 31655 of the Penal Code is amended to read:

27

31655.  

(a) The department shall developbegin delete firearmend deletebegin insert handgun end insert
28 safety certificates to be issued by instructors certified by the
29department to those persons who have complied with this article.

30(b) Abegin delete firearmend deletebegin insert handgunend insert safety certificate shall include, but not
31be limited to, the following information:

32(1) A uniquebegin delete firearmend deletebegin insert handgunend insert safety certificate identification
33number.

34(2) The holder’s full name.

35(3) The holder’s date of birth.

36(4) The holder’s driver’s license or identification number.

37(5) The holder’s signature.

38(6) The signature of the issuing instructor.

39(7) The date of issuance.

P17   1(c) Thebegin delete firearmend deletebegin insert handgunend insert safety certificate shall expire five years
2after the date that it was issued by the certified instructor.

begin insert

3(d) This section shall remain in effect only until January 1, 2015,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2015, deletes or extends that date.

end insert
6begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 31655 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
7

begin insert31655.end insert  

(a) The department shall develop firearm safety
8certificates to be issued by instructors certified by the department
9to those persons who have complied with this article.

10(b) A firearm safety certificate shall include, but not be limited
11to, the following information:

12(1) A unique firearm safety certificate identification number.

13(2) The holder’s full name.

14(3) The holder’s date of birth.

15(4) The holder’s driver’s license or identification number.

16(5) The holder’s signature.

17(6) The signature of the issuing instructor.

18(7) The date of issuance.

19(c) The firearm safety certificate shall expire five years after
20the date that it was issued by the certified instructor.

21(d) This section shall become operative on January 1, 2015.

end insert
22

begin deleteSEC. 20.end delete
23begin insertSEC. 32.end insert  

Section 31660 of the Penal Code is amended to read:

24

31660.  

(a) In the case of loss or destruction of abegin delete firearmend delete
25begin insert handgunend insert safety certificate, the issuing instructor shall issue a
26duplicate certificate upon request and proof of identification to the
27certificate holder.

28(b) The department may authorize the issuing instructor to
29charge a feebegin insert,end insert not to exceed fifteen dollars ($15), for a duplicate
30certificate. Revenues from this fee shall be deposited in the
31Firearms Safety and Enforcement Specialbegin delete Fund,end deletebegin insert Fundend insert created
32pursuant to Section 28300.

begin insert

33(c) This section shall remain in effect only until January 1, 2015,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2015, deletes or extends that date.

end insert
36begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 31660 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
37

begin insert31660.end insert  

(a) In the case of loss or destruction of a firearm safety
38certificate, the issuing instructor shall issue a duplicate certificate
39upon request and proof of identification to the certificate holder.

P18   1(b) The department may authorize the issuing instructor to
2charge a fee, not to exceed fifteen dollars ($15), for a duplicate
3certificate. Revenues from this fee shall be deposited in the
4Firearms Safety and Enforcement Special Fund created pursuant
5to Section 28300.

6(c) This section shall become operative on January 1, 2015.

end insert
7

begin deleteSEC. 21.end delete
8begin insertSEC. 34.end insert  

Section 31700 of the Penal Code is amended to read:

9

31700.  

(a) The following persons, properly identified, are
10exempted from thebegin delete firearmend deletebegin insert handgunend insert safety certificate requirement
11in subdivision (a) of Section 31615:

12(1) Any active or honorably retired peace officer, as defined in
13Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

14(2) Any active or honorably retired federal officer or law
15enforcement agent.

16(3) Any reserve peace officer, as defined in Section 832.6.

17(4) Any person who has successfully completed the course of
18training specified in Section 832.

19(5) A firearms dealer licensed pursuant to Sections 26700 to
2026915, inclusive, who is acting in the course and scope of that
21person’s activities as a person licensed pursuant to Sections 26700
22to 26915, inclusive.

23(6) A federally licensed collector who is acquiring or being
24loaned abegin delete firearmend deletebegin insert handgunend insert that is a curio or relic, as defined in
25Section 478.11 of Title 27 of the Code of Federal Regulations,
26who has a current certificate of eligibility issued by the department
27pursuant to Section 26710.

28(7) A person to whom abegin delete firearmend deletebegin insert handgunend insert is being returned,
29where the person receiving the firearm is the owner of the firearm.

30(8) A family member of a peace officer or deputy sheriff from
31a local agency who receives a firearm pursuant to Section 50081
32of the Government Code.

33(9) Any individual who has a valid concealed weapons permit
34issued pursuant to Chapter 4 (commencing with Section 26150)
35of Division 5.

36(10) Anbegin delete active,end deletebegin insert activeend insert or honorably retired member of the United
37States Armed Forces, the National Guard, the Air National Guard,
38begin insert orend insert the active reserve components of the United States, where
39individuals in those organizations are properly identified. For
40purposes of this section, proper identification includes the Armed
P19   1Forces Identificationbegin delete Card,end deletebegin insert Cardend insert or other written documentation
2certifying that the individual is an active or honorably retired
3member.

4(11) Any person who is authorized to carry loaded firearms
5pursuant to Section 26025 or 26030.

6(12) Persons who are the holders of a special weapons permit
7issued by the department pursuant to Section 32650 or 33300,
8pursuant to Article 3 (commencing with Section 18900) of Chapter
91 of Division 5 of Title 2, or pursuant to Article 4 (commencing
10with Section 32700) of Chapter 6 of this division.

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

17(1) The executor or administrator of an estate.

18(2) A secured creditor or an agent or employee thereof when
19the firearms are possessed as collateral for, or as a result of, or an
20agent or employee thereof when the firearms are possessed as
21collateral for, or as a result of, a default under a security agreement
22under the Commercial Code.

23(3) A levying officer, as defined in Section 481.140, 511.060,
24or 680.260 of the Code of Civil Procedure.

25(4) A receiver performing the functions of a receiver.

26(5) A trustee in bankruptcy performing the duties of a trustee.

27(6) An assignee for the benefit of creditors performing the
28functions of an assignee.

begin insert

29(c) This section shall remain in effect only until January 1, 2015,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2015, deletes or extends that date.

end insert
32begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 31700 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
33

begin insert31700.end insert  

(a) The following persons, properly identified, are
34exempted from the firearm safety certificate requirement in
35subdivision (a) of Section 31615:

36(1) Any active or honorably retired peace officer, as defined in
37Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

38(2) Any active or honorably retired federal officer or law
39enforcement agent.

40(3) Any reserve peace officer, as defined in Section 832.6.

P20   1(4) Any person who has successfully completed the course of
2training specified in Section 832.

3(5) A firearms dealer licensed pursuant to Sections 26700 to
426915, inclusive, who is acting in the course and scope of that
5person’s activities as a person licensed pursuant to Sections 26700
6to 26915, inclusive.

7(6) A federally licensed collector who is acquiring or being
8loaned a firearm that is a curio or relic, as defined in Section
9478.11 of Title 27 of the Code of Federal Regulations, who has a
10current certificate of eligibility issued by the department pursuant
11to Section 26710.

12(7) A person to whom a firearm is being returned, where the
13person receiving the firearm is the owner of the firearm.

14(8) A family member of a peace officer or deputy sheriff from
15a local agency who receives a firearm pursuant to Section 50081
16of the Government Code.

17(9) Any individual who has a valid concealed weapons permit
18issued pursuant to Chapter 4 (commencing with Section 26150)
19of Division 5.

20(10) An active or honorably retired member of the United States
21Armed Forces, the National Guard, the Air National Guard, or
22the active reserve components of the United States, where
23individuals in those organizations are properly identified. For
24purposes of this section, proper identification includes the Armed
25Forces Identification Card or other written documentation
26certifying that the individual is an active or honorably retired
27member.

28(11) Any person who is authorized to carry loaded firearms
29pursuant to Section 26025 or 26030.

30(12) Persons who are the holders of a special weapons permit
31issued by the department pursuant to Section 32650 or 33300,
32pursuant to Article 3 (commencing with Section 18900) of Chapter
331 of Division 5 of Title 2, or pursuant to Article 4 (commencing
34with Section 32700) of Chapter 6 of this division.

35(b) The following persons who take title or possession of a
36firearm by operation of law in a representative capacity, until or
37unless they transfer title ownership of the firearm to themselves
38in a personal capacity, are exempted from the firearm safety
39certificate requirement in subdivision (a) of Section 31615:

40(1) The executor or administrator of an estate.

P21   1(2) A secured creditor or an agent or employee thereof when
2the firearms are possessed as collateral for, or as a result of, or
3an agent or employee thereof when the firearms are possessed as
4collateral for, or as a result of, a default under a security
5agreement under the Commercial Code.

6(3) A levying officer, as defined in Section 481.140, 511.060,
7or 680.260 of the Code of Civil Procedure.

8(4) A receiver performing the functions of a receiver.

9(5) A trustee in bankruptcy performing the duties of a trustee.

10(6) An assignee for the benefit of creditors performing the
11functions of an assignee.

12(c) This section shall become operative on January 1, 2015.

end insert
13

begin deleteSEC. 22.end delete
14begin insertSEC. 36.end insert  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.



O

    97