Amended in Assembly August 7, 2013

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 Sections 27540, 27875, 27880, 27920,begin delete andend delete 27925begin insert, 28160, and 31620end insert of, to amend the heading of Chapter 4 (commencing with Section 31500) of Division 10 of Title 4 of Part 6 of, 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 delete andend deletebegin insert to amend the heading of Article 3 (commencing with Section 31700) of Chapter 4 of Division 10 of Title 4 of Part 6 of,end insert to amend, repeal, and add Sectionsbegin delete 16670,end delete 26840, 31610, 31615,begin delete 31620,end delete 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 of,begin insert and to add Sections 16535, 16865, and 26860 to,end insert the Penal Code, relating to firearms, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 683, as amended, Block. Firearms: firearm safety certificate.

Existing lawbegin insert, subject to exceptions,end insert 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, commencing January 1, 2015,begin insert and subject to exceptions,end insert prohibit a person from purchasing or receiving any firearm without a valid firearm safety certificate, and wouldbegin insert, subject to exceptions,end insert 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.begin insert The bill would, commencing January 1, 2015, and subject to exceptions, require a safe handling demonstration for purchasers of long guns, and would require the Department of Justice to adopt regulations to establish a long gun safe handling demonstration no later than January 1, 2015. The bill would define the term “long gun” for these purposes.end insert By expanding the scope of a crime, this bill would impose a state-mandated local program.

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.

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 makingbegin delete andend deletebegin insert anend insert appropriation.

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: yes. Fiscal committee: yes. State-mandated local program: yes.

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

begin deleteP2    1

SECTION 1.  

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

3

16670.  

(a) As used in this part, “handgun safety certificate”
4means a certificate issued by the Department of Justice pursuant
5to Sections 31610 to 31700, inclusive, or pursuant to former Article
68 (commencing with Section 12800) of Chapter 6 of Title 2 of Part
74, 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 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 delete
begin delete6

SEC. 2.  

Section 16670 is added to the Penal Code, to read:

7

16670.  

(a) As used in this part, “firearm safety certificate”
8means a certificate issued by the Department of Justice pursuant
9to Sections 31610 to 31700, inclusive, or pursuant to former Article
108 (commencing with Section 12800) of Chapter 6 of Title 2 of Part
114, as that article was operative at any time from January 1, 2003,
12until it was repealed by the Deadly Weapons Recodification Act
13of 2010.

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

end delete
15begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 16535 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
16read:end insert

begin insert
17

begin insert16535.end insert  

(a) As used in this part, “firearm safety certificate”
18means a certificate issued by the Department of Justice pursuant
19to Sections 31610 to 31700, inclusive, or pursuant to former Article
208 (commencing with Section 12800) of Chapter 6 of Title 2 of Part
214, as that article was operative at any time from January 1, 2003,
22until it was repealed by the Deadly Weapons Recodification Act
23of 2010.

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

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 16865 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
26

begin insert16865.end insert  

As used in Section 26860, “long gun” means any
27firearm that is not a handgun or a machinegun.

end insert
28

SEC. 3.  

Section 26840 of the Penal Code is amended to read:

29

26840.  

(a) A dealer shall not deliver a handgun unless the
30person receiving the handgun presents to the dealer a valid handgun
31safety certificate. The firearms dealer shall retain a photocopy of
32the handgun safety certificate as proof of compliance with this
33requirement.

34(b) 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.

37

SEC. 4.  

Section 26840 is added to the Penal Code, to read:

38

26840.  

(a) A dealer shall not deliver a firearm unless the person
39receiving the firearm presents to the dealer a valid firearm safety
40certificatebegin insert, or, in the case of a handgun, anend insertbegin insert unexpired handgun
P4    1safety certificateend insert
. The firearms dealer shall retain a photocopy of
2the firearm safety certificate as proof of compliance with this
3requirement.

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

5begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 26860 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert26860.end insert  

(a) Except as authorized by the department,
7commencing January 1, 2015, a firearms dealer shall not deliver
8a long gun unless the recipient performs a safe handling
9demonstration with that long gun.

10(b) The department shall, not later than January 1, 2015, adopt
11regulations establishing a long gun safe handling demonstration
12that shall include, at a minimum, loading and unloading the long
13gun.

14(c) The firearms dealer shall sign and date an affidavit stating
15that the requirements of subdivision (a) and the regulations
16adopted pursuant to subdivision (b) have been met. The firearms
17dealer shall additionally obtain the signature of the long gun
18purchaser on the same affidavit. The firearms dealer shall retain
19the original affidavit as proof of compliance with this section.

20(d) The recipient shall perform the safe handling demonstration
21for a department-certified instructor.

22(e) A demonstration is not required if the dealer is returning
23the long gun to the owner of the long gun.

24(f) Department-certified instructors who may administer the
25safe handling demonstration shall meet the requirements set forth
26in subdivision (b) of Section 31635.

27(g) An individual who is exempt from the requirements of
28subdivision (a) of Section 31615, pursuant to Section 31700, is
29also exempt from performing the safe handling demonstration.

end insert
30

begin deleteSEC. 5.end delete
31begin insertSEC. 6.end insert  

Section 27540 of the Penal Code is amended to read:

32

27540.  

A dealer, whether or not acting pursuant to Chapter 5
33(commencing with Section 28050), shall not deliver a firearm to
34a person, as follows:

35(a) Within 10 days of the application to purchase, or, after notice
36by the department pursuant to Section 28220, within 10 days of
37the submission to the department of any correction to the
38application, or within 10 days of the submission to the department
39of any fee required pursuant to Section 28225, whichever is later.

P5    1(b) Unless unloaded and securely wrapped or unloaded and in
2a locked container.

3(c) Unless the purchaser, transferee, or person being loaned the
4firearm presents clear evidence of the person’s identity and age to
5the dealer.

6(d) Whenever the dealer is notified by the Department of Justice
7that the person is prohibited by state or federal law from possessing,
8receiving, owning, or purchasing a firearm.

9(e) A handgun shall not be delivered unless the purchaser,
10transferee, or person being loaned the handgun presents a handgun
11safety certificate. Commencing January 1, 2015, any firearm,
12including a handgun, shall not be delivered unless the purchaser,
13transferee, or person being loaned the firearm presents a firearm
14safety certificate to the dealerbegin insert, except that in the case of a handgun,
15an unexpired handgun safety certificate may be presentedend insert
.

16(f) A handgun shall not be delivered whenever the dealer is
17notified by the Department of Justice that within the preceding
1830-day period the purchaser has made another application to
19purchase a handgun and that the previous application to purchase
20involved none of the entities specified in subdivision (b) of Section
2127535.

22

begin deleteSEC. 6.end delete
23begin insertSEC. 7.end insert  

Section 27875 of the Penal Code is amended to read:

24

27875.  

Section 27545 does not apply to the transfer of a firearm
25by gift, bequest, intestate succession, or other means from one
26individual to another, if all of the following requirements are met:

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

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

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

38(d) Until January 1, 2015, the person taking title to the firearm
39shall first obtain a handgun safety certificate if the firearm is a
40handgun, and commencing January 1, 2015, a firearm safety
P6    1certificate for any firearmbegin insert, except that in the case of a handgun,
2an unexpired handgun safety certificate may be usedend insert
.

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

4

begin deleteSEC. 7.end delete
5begin insertSEC. 8.end insert  

Section 27880 of the Penal Code is amended to read:

6

27880.  

Section 27545 does not apply to the loan of a firearm
7between persons who are personally known to each other, if all of
8the following requirements are satisfied:

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

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

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

12(d) Until January 1, 2015, if the firearm is a handgun, the
13individual being loaned the firearm shall have a valid handgun
14safety certificate. Commencing January 1, 2015, for any firearm,
15the individual being loaned the firearm shall have a valid firearm
16safety certificatebegin insert, except that in the case of a handgun, an
17unexpired handgun safety certificate may be usedend insert
.

18

begin deleteSEC. 8.end delete
19begin insertSEC. 9.end insert  

Section 27920 of the Penal Code is amended to read:

20

27920.  

Section 27545 does not apply to a person who takes
21title or possession of a firearm by operation of law if the person
22is not prohibited by state or federal law from possessing, receiving,
23owning, or purchasing a firearm and all of the following conditions
24are met:

25(a) If the person taking title or possession is neither a levying
26officer as defined in Section 481.140, 511.060, or 680.260 of the
27Code of Civil Procedure, nor a person who is receiving that firearm
28pursuant to subdivision (g), (i), or (j) of Section 16990, the person
29shall, within 30 days of taking possession, forward by prepaid mail
30or deliver in person to the Department of Justice, a report of
31information concerning the individual taking possession of the
32firearm, how title or possession was obtained and from whom, and
33a description of the firearm in question.

34(b) If the person taking title or possession is receiving the
35firearm pursuant to subdivision (g) of Section 16990, the person
36shall do both of the following:

37(1) Within 30 days of taking possession, forward by prepaid
38mail or deliver in person to the department, a report of information
39concerning the individual taking possession of the firearm, how
P7    1title or possession was obtained and from whom, and a description
2of the firearm in question.

3(2) Until January 1, 2015, prior to taking title or possession of
4the firearm, the person shall obtain a handgun safety certificate,
5if the firearm is a handgun. Commencing January 1, 2015, prior
6to taking title or possession of the firearm, the person shall obtain
7a firearm safety certificate for anybegin delete firearm .end deletebegin insert firearm, except that
8in the case of a handgun, an unexpired handgun safety certificate
9may be presented.end insert

10(c) Where the person receiving title or possession of the firearm
11is a person described in subdivision (i) of Section 16990, on the
12date that the person is delivered the firearm, the name and other
13information concerning the person taking possession of the firearm,
14how title or possession of the firearm was obtained and from whom,
15and a description of the firearm by make, model, serial number,
16and other identifying characteristics shall be entered into the
17Automated Firearms System (AFS) via the California Law
18Enforcement Telecommunications System (CLETS) by the law
19enforcement or state agency that transferred or delivered the
20firearm, provided, however, that if the firearm is not a handgun
21and does not have a serial number, identification number, or
22identification mark assigned to it, that fact shall be noted in AFS.
23An agency without access to AFS shall arrange with the sheriff of
24the county in which the agency is located to input this information
25via this system.

26(d) Where the person receiving title or possession of the firearm
27is a person described in subdivision (j) of Section 16990, on the
28date that the person is delivered the firearm, the name and other
29information concerning the person taking possession of the firearm,
30how title or possession of the firearm was obtained and from whom,
31and a description of the firearm by make, model, serial number,
32and other identifying characteristics shall be entered into the AFS
33via the CLETS by the law enforcement or state agency that
34transferred or delivered the firearm, provided, however, that if the
35firearm is not a handgun and does not have a serial number,
36identification number, or identification mark assigned to it, that
37fact shall be noted in AFS. An agency without access to AFS shall
38arrange with the sheriff of the county in which the agency is located
39to input this information via this system. In addition, that law
40enforcement agency shall not deliver the firearm to the person
P8    1referred to in this subdivision unless, prior to the delivery of the
2firearm, the person presents proof to the agency that the person is
3the holder of a handgun safety certificate if the firearm is a
4handgun, and commencing January 1, 2015, a firearm safety
5certificate for any firearmbegin insert, except that in the case of a handgun,
6an unexpired handgun safety certificate may be presentedend insert
.

7(e) The reports that individuals complete pursuant to this section
8shall be provided to them by the Department of Justice.

9

begin deleteSEC. 9.end delete
10begin insertSEC. 10.end insert  

Section 27925 of the Penal Code is amended to read:

11

27925.  

(a) Section 27545 does not apply to a person who takes
12possession of a firearm by operation of law in a representative
13capacity who subsequently transfers ownership of the firearm to
14himself or herself in an individual capacity.

15(b) Until January 1, 2015, in the case of a handgun, the
16individual shall obtain a handgun safety certificate prior to
17transferring ownership to himself or herself, or taking possession
18of a handgun in an individual capacity. Beginning January 1, 2015,
19the individual shall obtain a firearm safety certificate prior to
20transferring ownership to himself or herself, or taking possession
21of a firearm in an individual capacitybegin insert, except that in the case of a
22handgun, an unexpired handgun safety certificate may be usedend insert
.

23begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 28160 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

24

28160.  

(a) Until January 1, 2014, for handguns, and thereafter
25for all firearms, the register or record of electronic transfer shall
26include all of the following information:

27(1) The date and time of sale.

28(2) The make of firearm.

29(3) Peace officer exemption status pursuant to the provisions
30listed in subdivision (c) of Section 16585, and the agency name.

31(4) Auction or event waiting period exemption pursuant to
32Sections 26955 and 27655.

33(5) Dealer waiting period exemption pursuant to Sections 26960
34and 27660.

35(6) Dangerous weapons permitholder waiting period exemption
36pursuant to Sections 26965 and 27665.

37(7) Curio and relic waiting period exemption pursuant to
38Sections 26970 and 27670.

39(8) California Firearms Dealer number issued pursuant to Article
401 (commencing with Section 26700) of Chapter 2.

P9    1(9) For transactions occurring on or after January 1, 2003, the
2purchaser’s handgun safety certificate number issued pursuant to
3Article 2 (commencing with Section 31610) of Chapter 4 of
4Division 10 of this title, or pursuant to former Article 8
5(commencing with Section 12800) of Chapter 6 of Title 2 of Part
64, as that article read at any time from when it became operative
7on January 1, 2003, to when it was repealed by the Deadly
8Weapons Recodification Act of 2010.

9(10) Manufacturer’s name if stamped on the firearm.

10(11) Model name or number, if stamped on the firearm.

11(12) Serial number, if applicable.

12(13) Other number, if more than one serial number is stamped
13on the firearm.

14(14) Any identification number or mark assigned to the firearm
15pursuant to Section 23910.

16(15) If the firearm is not a handgun and does not have a serial
17number, identification number, or mark assigned to it, a notation
18as to that fact.

19(16) Caliber.

20(17) Type of firearm.

21(18) If the firearm is new or used.

22(19) Barrel length.

23(20) Color of the firearm.

24(21) Full name of purchaser.

25(22) Purchaser’s complete date of birth.

26(23) Purchaser’s local address.

27(24) If current address is temporary, complete permanent address
28of purchaser.

29(25) Identification of purchaser.

30(26) Purchaser’s place of birth (state or country).

31(27) Purchaser’s complete telephone number.

32(28) Purchaser’s occupation.

33(29) Purchaser’s sex.

34(30) Purchaser’s physical description.

35(31) All legal names and aliases ever used by the purchaser.

36(32) Yes or no answer to questions that prohibit purchase,
37including, but not limited to, conviction of a felony as described
38in Chapter 2 (commencing with Section 29800) or an offense
39described in Chapter 3 (commencing with Section 29900) of
40Division 9 of this title, the purchaser’s status as a person described
P10   1in Section 8100 of the Welfare and Institutions Code, whether the
2purchaser is a person who has been adjudicated by a court to be a
3danger to others or found not guilty by reason of insanity, and
4whether the purchaser is a person who has been found incompetent
5to stand trial or placed under conservatorship by a court pursuant
6to Section 8103 of the Welfare and Institutions Code.

7(33) Signature of purchaser.

8(34) Signature of salesperson, as a witness to the purchaser’s
9signature.

10(35) Salesperson’s certificate of eligibility number, if the
11salesperson has obtained a certificate of eligibility.

12(36) Name and complete address of the dealer or firm selling
13the firearm as shown on the dealer’s license.

14(37) The establishment number, if assigned.

15(38) The dealer’s complete business telephone number.

16(39) Any information required by Chapter 5 (commencing with
17Section 28050).

18(40) Any information required to determine whether subdivision
19(f) of Section 27540 applies.

20(41) A statement of the penalties for signing a fictitious name
21or address, knowingly furnishing any incorrect information, or
22knowingly omitting any information required to be provided for
23the register.

begin insert

24(42) For transactions on and after January 1, 2015, the
25purchaser’s firearm safety certificate number, except that in the
26case of a handgun, the number from an unexpired handgun safety
27certificate may be used.

end insert

28(b) The purchaser shall provide the purchaser’s right thumbprint
29on the register in a manner prescribed by the department. No
30exception to this requirement shall be permitted except by
31regulations adopted by the department.

32(c) The firearms dealer shall record on the register or record of
33electronic transfer the date that the firearm is delivered.

34

begin deleteSEC. 10.end delete
35begin insertSEC. 12.end insert  

The heading of Chapter 4 (commencing with Section
3631500) of Division 10 of Title 4 of Part 6 of the Penal Code is
37amended to read:

38 

39Chapter  4. Handguns and Firearm Safety
40

 

P11   1

begin deleteSEC. 11.end delete
2begin insertSEC. 13.end insert  

The heading of Article 2 (commencing with Section
331610) of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal
4Code
is amended to read:

5 

6Article 2.  Firearm Safety Certificate
7

 

8

begin deleteSEC. 12.end delete
9begin insertSEC. 14.end insert  

Section 31610 of the Penal Code is amended to read:

10

31610.  

(a) It is the intent of the Legislature in enacting this
11article to require that persons who obtain handguns have a basic
12familiarity with those firearms, including, but not limited to, the
13safe handling and storage of those firearms. It is not the intent of
14the Legislature to require a handgun safety certificate for the mere
15possession of a firearm.

16(b) This section shall remain in effect only until January 1, 2015,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2015, deletes or extends that date.

19

begin deleteSEC. 13.end delete
20begin insertSEC. 15.end insert  

Section 31610 is added to the Penal Code, to read:

21

31610.  

(a) It is the intent of the Legislature in enacting this
22article to require that persons who obtain firearms have a basic
23familiarity with those firearms, including, but not limited to, the
24safe handling and storage of those firearms. It is not the intent of
25the Legislature to require a firearm safety certificate for the mere
26possession of a firearm.

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

28

begin deleteSEC. 14.end delete
29begin insertSEC. 16.end insert  

Section 31615 of the Penal Code is amended to read:

30

31615.  

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

31(1) Purchase or receive any handgun, except an antique firearm,
32without a valid handgun safety certificate.

33(2) Sell, deliver, loan, or transfer any handgun, except an antique
34firearm, to any person who does not have a valid handgun safety
35certificate.

36(b) Any person who violates subdivision (a) is guilty of a
37misdemeanor.

38(c) The provisions of this section are cumulative, and shall not
39be construed as restricting the application of any other law.
40However, an act or omission punishable in different ways by
P12   1different provisions of this code shall not be punished under more
2than one provision.

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.

6

begin deleteSEC. 15.end delete
7begin insertSEC. 17.end insert  

Section 31615 is added to the Penal Code, to read:

8

31615.  

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

9(1) Purchase or receive any firearm, except an antique firearm,
10without a valid firearm safety certificatebegin insert, except that in the case
11of a handgun, an unexpired handgun safety certificate may be
12usedend insert
.

13(2) Sell, deliver, loan, or transfer any firearm, except an antique
14firearm, to any person who does not have a valid firearm safety
15certificatebegin insert, except that in the case of a handgun, an unexpired
16handgun safety certificate may be usedend insert
.

17(b) Any person who violates subdivision (a) is guilty of a
18misdemeanor.

19(c) The provisions of this section are cumulative, and shall not
20be construed as restricting the application of any other law.
21However, an act or omission punishable in different ways by
22different provisions of this code shall not be punished under more
23than one provision.

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

25

begin deleteSEC. 16.end delete
26begin insertSEC. 18.end insert  

Section 31620 of the Penal Code is amended to read:

27

31620.  

(a) A person shall not commit an act of collusion as
28specified in Section 27550.

29(b) Any person who alters, counterfeits, or falsifies a handgun
30safety certificate, or who uses or attempts to use any altered,
31counterfeited, or falsified handgun safety certificate to purchase
32a handgun, is guilty of a misdemeanor.

begin insert

33(c) Commencing January 1, 2015, any person who alters,
34counterfeits, or falsifies a firearm safety certificate, or who uses
35or attempts to use any altered, counterfeited, or falsified firearm
36safety certificate to purchase a firearm, is guilty of a misdemeanor.

end insert
begin delete

37(c)

end delete

38begin insert(d)end insert The provisions of this section are cumulative and shall not
39be construed as restricting the application of any other law.
40However, an act or omission punishable in different ways by this
P13   1section and different provisions of this code shall not be punished
2under more than one provision.

begin delete

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 delete
begin delete6

SEC. 17.  

Section 31620 is added to the Penal Code, to read:

7

31620.  

(a) A person shall not commit an act of collusion as
8specified in Section 27550.

9(b) Any person who alters, counterfeits, or falsifies a firearm
10safety certificate, or who uses or attempts to use any altered,
11counterfeited, or falsified firearm safety certificate to purchase a
12firearm, is guilty of a misdemeanor.

13(c) The provisions of this section are cumulative and shall not
14be construed as restricting the application of any other law.
15However, an act or omission punishable in different ways by this
16section and different provisions of this code shall not be punished
17under more than one provision.

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

end delete
19

begin deleteSEC. 18.end delete
20begin insertSEC. 19.end insert  

Section 31625 of the Penal Code is amended to read:

21

31625.  

(a) A certified instructor shall not issue a handgun
22safety certificate to any person who has not complied with this
23article. Proof of compliance shall be forwarded to the department
24by certified instructors as frequently as the department may
25determine.

26(b) A certified instructor shall not issue a handgun safety
27 certificate to any person who is under 18 years of age.

28(c) A violation of this section shall be grounds for the
29department to revoke the instructor’s certification to issue handgun
30safety certificates.

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

34

begin deleteSEC. 19.end delete
35begin insertSEC. 20.end insert  

Section 31625 is added to the Penal Code, to read:

36

31625.  

(a) A certified instructor shall not issue a firearm safety
37certificate to any person who has not complied with this article.
38Proof of compliance shall be forwarded to the department by
39certified instructors as frequently as the department may determine.

P14   1(b) A certified instructor shall not issue a firearm safety
2certificate to any person who is under 18 years of age.

3(c) A violation of this section shall be grounds for the
4department to revoke the instructor’s certification to issue firearm
5safety certificates.

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

7

begin deleteSEC. 20.end delete
8begin insertSEC. 21.end insert  

Section 31630 of the Penal Code is amended to read:

9

31630.  

(a) The department shall develop an instruction manual
10in English and in Spanish by October 1, 2002. The department
11shall make the instructional manual available to firearms dealers
12licensed pursuant to Sections 26700 to 26915, inclusive, who shall
13make it available to the general public. Essential portions of the
14manual may be included in the pamphlet described in Section
1534205.

16(b) The department shall develop audiovisual materials in
17English and in Spanish by March 1, 2003, to be issued to instructors
18certified by the department.

19(c) The department shall solicit input from any reputable
20association or organization, including any law enforcement
21association that has as one of its objectives the promotion of
22firearms safety, in the development of the handgun safety certificate
23instructional materials.

24(d) This section shall remain in effect only until January 1, 2015,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2015, deletes or extends that date.

27

begin deleteSEC. 21.end delete
28begin insertSEC. 22.end insert  

Section 31630 is added to the Penal Code, to read:

29

31630.  

(a) The department shall develop an instruction manual
30in English and in Spanish. The department shall make the
31instructional manual available to firearms dealers licensed pursuant
32to Sections 26700 to 26915, inclusive, who shall make it available
33to the general public. Essential portions of the manual may be
34included in the pamphlet described in Section 34205.

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

38(c) The department shall solicit input from any reputable
39association or organization, including any law enforcement
40association that has as one of its objectives the promotion of
P15   1 firearms safety, in the development of the firearm safety certificate
2instructional materials.

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

4

begin deleteSEC. 22.end delete
5begin insertSEC. 23.end insert  

Section 31635 of the Penal Code is amended to read:

6

31635.  

(a) The department shall prescribe a minimum level
7of skill, knowledge, and competency to be required of all handgun
8safety certificate instructors.

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

15(1) Department of Consumer Affairs, State of California-Firearm
16Training Instructor.

17(2) Director of Civilian Marksmanship, Instructor or
18Rangemaster.

19(3) Federal Government, Certified Rangemaster or Firearm
20Instructor.

21(4) Federal Law Enforcement Training Center, Firearm
22Instructor Training Program or Rangemaster.

23(5) United States Military, Military Occupational Specialty
24(MOS) as marksmanship or firearms instructor. Assignment as
25Range Officer or Safety Officer is not sufficient.

26(6) National Rifle Association-Certified Instructor, Law
27Enforcement Instructor, Rangemaster, or Training Counselor.

28(7) Commission on Peace Officer Standards and Training
29(POST), State of California-Firearm Instructor or Rangemaster.

30(8) Authorization from a State of California accredited school
31to teach a firearm training course.

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.

35

begin deleteSEC. 23.end delete
36begin insertSEC. 24.end insert  

Section 31635 is added to the Penal Code, to read:

37

31635.  

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

P16   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.

25

begin deleteSEC. 24.end delete
26begin insertSEC. 25.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.

P17   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 a handgun into the home.

6(7) Prevention strategies to address issues associated with
7bringing firearms into the home.

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

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

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

20

begin deleteSEC. 25.end delete
21begin insertSEC. 26.end insert  

Section 31640 is added to the Penal Code, to read:

22

31640.  

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

30(c) The test shall cover, but not be limited to, all of the
31following:

32(1) The laws applicable to carrying and handling firearms,
33particularly handguns.

34(2) The responsibilities of ownership of firearms, particularly
35handguns.

36(3) Current law as it relates to the private sale and transfer of
37firearms.

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

39(5) What constitutes safe firearm storage.

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

P18   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 for
9a person to take the objective test, and maintain adequate
10supervision tobegin delete assureend deletebegin insert ensureend insert that no acts of collusion occur while
11the objective test is being administered.

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

13

begin deleteSEC. 26.end delete
14begin insertSEC. 27.end insert  

Section 31645 of the Penal Code is amended to read:

15

31645.  

(a) An applicant for a handgun safety certificate shall
16successfully pass the objective test referred to in Section 31640,
17with a passing grade of at least 75 percent. Any person receiving
18a passing grade on the objective test shall immediately be issued
19a handgun 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.

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.

35

begin deleteSEC. 27.end delete
36begin insertSEC. 28.end insert  

Section 31645 is added to the Penal Code, to read:

37

31645.  

(a) An applicant for a firearm safety certificate shall
38successfully pass the objective test referred to in Section 31640,
39with a passing grade of at least 75 percent. Any person receiving
P19   1a passing grade on the objective test shall immediately be issued
2a firearm safety certificate by the instructor.

3(b) An applicant who fails to pass the objective test upon the
4first attempt shall be offered additional instructional materials by
5the instructor, such as a videotape or booklet. The person may not
6retake the objective test under any circumstances until 24 hours
7have elapsed after the failure to pass the objective test upon the
8first attempt. The person failing the test on the first attempt shall
9take another version of the test upon the second attempt. All tests
10shall be taken from the same instructor except upon permission
11by the department, which shall be granted only for good cause
12shown. The instructor shall make himself or herself available to
13the applicant during regular business hours in order to retake the
14test.

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

16

begin deleteSEC. 28.end delete
17begin insertSEC. 29.end insert  

Section 31650 of the Penal Code is amended to read:

18

31650.  

(a) The certified instructor may charge a fee of
19twenty-five dollars ($25), fifteen dollars ($15) of which is to be
20paid to the department pursuant to subdivision (c).

21(b) An applicant to renew a handgun safety certificate shall be
22required to pass the objective test. The certified instructor may
23charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
24which is to be forwarded to the department pursuant to subdivision
25(c).

26(c) The department may charge the certified instructor up to
27fifteen dollars ($15) for each handgun safety certificate issued by
28that instructor to cover the department’s cost in carrying out and
29enforcing this article, and enforcing the provisions listed in
30subdivision (e), as determined annually by the department.

31(d) All money received by the department pursuant to this article
32shall be deposited into the Firearms Safety and Enforcement
33Special Fund created pursuant to Section 28300.

34(e) The department shall conduct enforcement activities,
35including, but not limited to, law enforcement activities to ensure
36compliance with the following provisions:

37(1) Section 830.95.

38(2) Title 2 (commencing with Section 12001) of Part 4.

39(3) This part, except Sections 16965, 17235, and 21510.

P20   1(f) This section shall remain in effect only until January 1, 2015,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2015, deletes or extends that date.

4

begin deleteSEC. 29.end delete
5begin insertSEC. 30.end insert  

Section 31650 is added to the Penal Code, to read:

6

31650.  

(a) The certified instructor may charge a fee of
7twenty-five dollars ($25), fifteen dollars ($15) of which is to be
8paid to the department pursuant to subdivision (c).

9(b) An applicant to renew a firearm safety certificate shall be
10required to pass the objective test. The certified instructor may
11charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
12which is to be forwarded to the department pursuant to subdivision
13(c).

14(c) The department may charge the certified instructor up to
15fifteen dollars ($15) for each firearm safety certificate issued by
16that instructor to cover the department’s cost in carrying out and
17enforcing this article, and enforcing the provisions listed in
18subdivision (e), as determined annually by the department.

19(d) All money received by the department pursuant to this article
20shall be deposited into the Firearms Safety and Enforcement
21Special Fund created pursuant to Section 28300.

22(e) The department shall conduct enforcement activities,
23including, but not limited to, law enforcement activities to ensure
24compliance with the following provisions:

25(1) Section 830.95.

26(2) Title 2 (commencing with Section 12001) of Part 4.

27(3) This part, except Sections 16965, 17235, and 21510.

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

29

begin deleteSEC. 30.end delete
30begin insertSEC. 31.end insert  

Section 31655 of the Penal Code is amended to read:

31

31655.  

(a) The department shall develop handgun safety
32certificates to be issued by instructors certified by the department
33to those persons who have complied with this article.

34(b) A handgun safety certificate shall include, but not be limited
35to, the following information:

36(1) A unique handgun safety certificate identification number.

37(2) The holder’s full name.

38(3) The holder’s date of birth.

39(4) The holder’s driver’s license or identification number.

40(5) The holder’s signature.

P21   1(6) The signature of the issuing instructor.

2(7) The date of issuance.

3(c) The handgun safety certificate shall expire five years after
4the date that it was issued by the certified instructor.

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

8

begin deleteSEC. 31.end delete
9begin insertSEC. 32.end insert  

Section 31655 is added to the Penal Code, to read:

10

31655.  

(a) The department shall develop firearm safety
11certificates to be issued by instructors certified by the department
12to those persons who have complied with this article.

13(b) A firearm safety certificate shall include, but not be limited
14to, the following information:

15(1) A unique firearm safety certificate identification number.

16(2) The holder’s full name.

17(3) The holder’s date of birth.

18(4) The holder’s driver’s license or identification number.

19(5) The holder’s signature.

20(6) The signature of the issuing instructor.

21(7) The date of issuance.

22(c) The firearm safety certificate shall expire five years after
23the date that it was issued by the certified instructor.

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

25

begin deleteSEC. 32.end delete
26begin insertSEC. 33.end insert  

Section 31660 of the Penal Code is amended to read:

27

31660.  

(a) In the case of loss or destruction of a handgun safety
28certificate, the issuing instructor shall issue a duplicate certificate
29upon request and proof of identification to the certificate holder.

30(b) The department may authorize the issuing instructor to
31charge a fee, not to exceed fifteen dollars ($15), for a duplicate
32certificate. Revenues from this fee shall be deposited in the
33Firearms Safety and Enforcement Special Fund created pursuant
34to Section 28300.

35(c) This section shall remain in effect only until January 1, 2015,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2015, deletes or extends that date.

38

begin deleteSEC. 33.end delete
39begin insertSEC. 34.end insert  

Section 31660 is added to the Penal Code, to read:

P22   1

31660.  

(a) In the case of loss or destruction of a firearm safety
2 certificate, the issuing instructor shall issue a duplicate certificate
3upon request and proof of identification to the certificate holder.

begin insert

4(b) In the case of loss or destruction of a handgun safety
5certificate, the issuing instructor shall issue a duplicate certificate
6upon request and proof of identification to the certificate holder,
7which shall be valid only for the balance of the unexpired term of
8the original certificate.

end insert
begin delete

9(b)

end delete

10begin insert(c)end insert The department may authorize the issuing instructor to
11charge a fee, not to exceed fifteen dollars ($15), for a duplicate
12certificate. Revenues from this fee shall be deposited in the
13Firearms Safety and Enforcement Special Fund created pursuant
14to Section 28300.

begin delete

15(c)

end delete

16begin insert(d)end insert This section shall become operative on January 1, 2015.

17begin insert

begin insertSEC. 35.end insert  

end insert

begin insertThe heading of Article 3 (commencing with Section
1831700) of Chapter 4 of Division 10 of Title 4 of Part 6 of the end insert
begin insertPenal
19Code
end insert
begin insert is amended to read:end insert

20 

21Article 3.  Exceptions tobegin delete Handgunend deletebegin insert Firearmend insert Safety Certificate
22Requirement
23

 

24

begin deleteSEC. 34.end delete
25begin insertSEC. 36.end insert  

Section 31700 of the Penal Code is amended to read:

26

31700.  

(a) The following persons, properly identified, are
27exempted from the handgun safety certificate requirement in
28subdivision (a) of Section 31615:

29(1) Any active or honorably retired peace officer, as defined in
30Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

31(2) Any active or honorably retired federal officer or law
32enforcement agent.

33(3) Any reserve peace officer, as defined in Section 832.6.

34(4) Any person who has successfully completed the course of
35training specified in Section 832.

36(5) A firearms dealer licensed pursuant to Sections 26700 to
3726915, inclusive, who is acting in the course and scope of that
38person’s activities as a person licensed pursuant to Sections 26700
39to 26915, inclusive.

P23   1(6) A federally licensed collector who is acquiring or being
2loaned a handgun that is a curio or relic, as defined in Section
3478.11 of Title 27 of the Code of Federal Regulations, who has a
4current certificate of eligibility issued by the department pursuant
5to Section 26710.

6(7) A person to whom a handgun is being returned, where the
7person receiving the firearm is the owner of the firearm.

8(8) A family member of a peace officer or deputy sheriff from
9a local agency who receives a firearm pursuant to Section 50081
10of the Government Code.

11(9) Any individual who has a valid concealed weapons permit
12issued pursuant to Chapter 4 (commencing with Section 26150)
13of Division 5.

14(10) An active or honorably retired member of the United States
15Armed Forces, the National Guard, the Air National Guard, or the
16active reserve components of the United States, where individuals
17in those organizations are properly identified. For purposes of this
18section, proper identification includes the Armed Forces
19Identification Card or other written documentation certifying that
20the individual is an active or honorably retired member.

21(11) Any person who is authorized to carry loaded firearms
22pursuant to Section 26025 or 26030.

23(12) Persons who are the holders of a special weapons permit
24issued by the department pursuant to Section 32650 or 33300,
25pursuant to Article 3 (commencing with Section 18900) of Chapter
261 of Division 5 of Title 2, or pursuant to Article 4 (commencing
27with Section 32700) of Chapter 6 of this division.

28(b) The following persons who take title or possession of a
29handgun by operation of law in a representative capacity, until or
30unless they transfer title ownership of the handgun to themselves
31in a personal capacity, are exempted from the handgun safety
32certificate requirement in subdivision (a) of Section 31615:

33(1) The executor or administrator of an estate.

34(2) A secured creditor or an agent or employee thereof when
35the firearms are possessed as collateral for, or as a result of, or an
36agent or employee thereof when the firearms are possessed as
37collateral for, or as a result of, a default under a security agreement
38under the Commercial Code.

39(3) A levying officer, as defined in Section 481.140, 511.060,
40or 680.260 of the Code of Civil Procedure.

P24   1(4) A receiver performing the functions of a receiver.

2(5) A trustee in bankruptcy performing the duties of a trustee.

3(6) An assignee for the benefit of creditors performing the
4functions of an assignee.

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

8

begin deleteSEC. 35.end delete
9begin insertSEC. 37.end insert  

Section 31700 is added to the Penal Code, to read:

10

31700.  

(a) The following persons, properly identified, are
11exempted from the firearm safety certificate requirement in
12subdivision (a) of Section 31615:

13(1) Any active or honorably retired peace officer, as defined in
14Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

15(2) Any active or honorably retired federal officer or law
16enforcement agent.

17(3) Any reserve peace officer, as defined in Section 832.6.

18(4) Any person who has successfully completed the course of
19training specified in Section 832.

20(5) A firearms dealer licensed pursuant to Sections 26700 to
2126915, inclusive, who is acting in the course and scope of that
22person’s activities as a person licensed pursuant to Sections 26700
23to 26915, inclusive.

24(6) A federally licensed collector who is acquiring or being
25loaned a firearm that is a curio or relic, as defined in Section 478.11
26of Title 27 of the Code of Federal Regulations, who has a current
27certificate of eligibility issued by the department pursuant to
28Section 26710.

29(7) A person to whom a firearm is being returned, where the
30person receiving the firearm is the owner of the firearm.

31(8) A family member of a peace officer or deputy sheriff from
32a local agency who receives a firearm pursuant to Section 50081
33of the Government Code.

34(9) Any individual who has a valid concealed weapons permit
35issued pursuant to Chapter 4 (commencing with Section 26150)
36of Division 5.

37(10) An active or honorably retired member of the United States
38Armed Forces, the National Guard, the Air National Guard, or the
39active reserve components of the United States, where individuals
40in those organizations are properly identified. For purposes of this
P25   1section, proper identification includes the Armed Forces
2Identification Card or other written documentation certifying that
3the individual is an active or honorably retired member.

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
12firearm by operation of law in a representative capacity, until or
13unless they transfer title ownership of the firearm to themselves
14in a personal capacity, are exempted from the firearm safety
15certificate requirement in subdivision (a) of Section 31615:

16(1) The executor or administrator of an estate.

17(2) A secured creditor or an agent or employee thereof when
18the firearms are possessed as collateral for, or as a result of, or an
19agent or employee thereof when the firearms are possessed as
20collateral for, or as a result of, a default under a security agreement
21under the Commercial Code.

22(3) A levying officer, as defined in Section 481.140, 511.060,
23or 680.260 of the Code of Civil Procedure.

24(4) A receiver performing the functions of a receiver.

25(5) A trustee in bankruptcy performing the duties of a trustee.

26(6) An assignee for the benefit of creditors performing the
27functions of an assignee.

begin insert

28(c) A person, validly identified, who has been issued a valid
29hunting license that is unexpired or that was issued for the hunting
30season immediately preceding the calendar year in which the
31person takes title of possession of a firearm is exempt from the
32firearm safety certificate requirement in subdivision (a) of Section
3331615, except as to handguns.

end insert
begin delete

34(c)

end delete

35begin insert(dend insertbegin insert)end insert This section shall become operative on January 1, 2015.

36

begin deleteSEC. 36.end delete
37begin insertSEC. 38.end insert  

No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P26   1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



O

    96