Amended in Assembly September 3, 2013

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, 27925, 28160,begin delete andend delete 31620begin insert, and 31810end 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, to amend the heading of Article 3 (commencing with Section 31700) of Chapter 4 of Division 10 of Title 4 of Part 6 of, to amend, repeal, and add Sections 26840, 31610, 31615, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 of, and to add Sections 16535, 16865, and 26860 to, 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 law, subject to exceptions, 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, and subject to exceptions, prohibit a person from purchasing or receiving any firearm without a valid firearm safety certificate, and would, subject to exceptions, 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. 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. 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 making an appropriation.

begin insert

This bill would incorporate amendments to Section 28160 of the Penal Code proposed by AB 538, to become operative if both bills are enacted and this bill is chaptered last.

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

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

P2    1

SECTION 1.  

Section 16535 is added to the Penal Code, to
2read:

3

16535.  

(a) As used in this part, “firearm safety certificate”
4means a certificate issued by the Department of Justice pursuant
P3    1to Sections 31610 to 31700, inclusive, or pursuant to former Article
28 (commencing with Section 12800) of Chapter 6 of Title 2 of Part
34, as that article was operative at any time from January 1, 2003,
4until it was repealed by the Deadly Weapons Recodification Act
5of 2010.

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

7

SEC. 2.  

Section 16865 is added to the Penal Code, to read:

8

16865.  

As used in Section 26860, “long gun” means any
9firearm that is not a handgun or a machinegun.

10

SEC. 3.  

Section 26840 of the Penal Code is amended to read:

11

26840.  

(a) A dealer shall not deliver a handgun unless the
12person receiving the handgun presents to the dealer a valid handgun
13safety certificate. The firearms dealer shall retain a photocopy of
14the handgun safety certificate as proof of compliance with this
15requirement.

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

SEC. 4.  

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

20

26840.  

(a) A dealer shall not deliver a firearm unless the person
21receiving the firearm presents to the dealer a valid firearm safety
22certificate, or, in the case of a handgun, an unexpired handgun
23safety certificate. The firearms dealer shall retain a photocopy of
24the firearm safety certificate as proof of compliance with this
25requirement.

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

27

SEC. 5.  

Section 26860 is added to the Penal Code, to read:

28

26860.  

(a) Except as authorized by the department,
29commencing January 1, 2015, a firearms dealer shall not deliver
30a long gun unless the recipient performs a safe handling
31demonstration with that long gun.

32(b) The department shall, not later than January 1, 2015, adopt
33regulations establishing a long gun safe handling demonstration
34that shall include, at a minimum, loading and unloading the long
35gun.

36(c) The firearms dealer shall sign and date an affidavit stating
37that the requirements of subdivision (a) and the regulations adopted
38pursuant to subdivision (b) have been met. The firearms dealer
39shall additionally obtain the signature of the long gun purchaser
P4    1on the same affidavit. The firearms dealer shall retain the original
2affidavit as proof of compliance with this section.

3(d) The recipient shall perform the safe handling demonstration
4for a department-certified instructor.

5(e) A demonstration is not required if the dealer is returning the
6long gun to the owner of the long gun.

7(f) Department-certified instructors who may administer the
8safe handling demonstration shall meet the requirements set forth
9in subdivision (b) of Section 31635.

10(g) An individual who is exempt from the requirements of
11subdivision (a) of Section 31615, pursuant to Section 31700, is
12also exempt from performing the safe handling demonstration.

13

SEC. 6.  

Section 27540 of the Penal Code is amended to read:

14

27540.  

A dealer, whether or not acting pursuant to Chapter 5
15(commencing with Section 28050), shall not deliver a firearm to
16a person, as follows:

17(a) Within 10 days of the application to purchase, or, after notice
18by the department pursuant to Section 28220, within 10 days of
19the submission to the department of any correction to the
20application, or within 10 days of the submission to the department
21of any fee required pursuant to Section 28225, whichever is later.

22(b) Unless unloaded and securely wrapped or unloaded and in
23a locked container.

24(c) Unless the purchaser, transferee, or person being loaned the
25firearm presents clear evidence of the person’s identity and age to
26the dealer.

27(d) Whenever the dealer is notified by the Department of Justice
28that the person is prohibited by state or federal law from possessing,
29receiving, owning, or purchasing a firearm.

30(e) A handgun shall not be delivered unless the purchaser,
31transferee, or person being loaned the handgun presents a handgun
32safety certificate. Commencing January 1, 2015, any firearm,
33including a handgun, shall not be delivered unless the purchaser,
34transferee, or person being loaned the firearm presents a firearm
35safety certificate to the dealer, except that in the case of a handgun,
36an unexpired handgun safety certificate may be presented.

37(f) A handgun shall not be delivered whenever the dealer is
38notified by the Department of Justice that within the preceding
3930-day period the purchaser has made another application to
40purchase a handgun and that the previous application to purchase
P5    1involved none of the entities specified in subdivision (b) of Section
227535.

3

SEC. 7.  

Section 27875 of the Penal Code is amended to read:

4

27875.  

Section 27545 does not apply to the transfer of a firearm
5by gift, bequest, intestate succession, or other means from one
6individual to another, if all of the following requirements are met:

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

8(b) The transfer is between members of the same immediate
9family.

10(c) Within 30 days of taking possession of the firearm, the
11person to whom it is transferred shall forward by prepaid mail, or
12 deliver in person to the Department of Justice, a report that includes
13information concerning the individual taking possession of the
14firearm, how title was obtained and from whom, and a description
15of the firearm in question. The report forms that individuals
16complete pursuant to this section shall be provided to them by the
17Department of Justice.

18(d) Until January 1, 2015, the person taking title to the firearm
19shall first obtain a handgun safety certificate if the firearm is a
20handgun, and commencing January 1, 2015, a firearm safety
21certificate for any firearm, except that in the case of a handgun,
22an unexpired handgun safety certificate may be used.

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

24

SEC. 8.  

Section 27880 of the Penal Code is amended to read:

25

27880.  

Section 27545 does not apply to the loan of a firearm
26between persons who are personally known to each other, if all of
27the following requirements are satisfied:

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

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

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

31(d) Until January 1, 2015, if the firearm is a handgun, the
32individual being loaned the firearm shall have a valid handgun
33safety certificate. Commencing January 1, 2015, for any firearm,
34the individual being loaned the firearm shall have a valid firearm
35safety certificate, except that in the case of a handgun, an unexpired
36handgun safety certificate may be used.

37

SEC. 9.  

Section 27920 of the Penal Code is amended to read:

38

27920.  

Section 27545 does not apply to a person who takes
39title or possession of a firearm by operation of law if the person
40is not prohibited by state or federal law from possessing, receiving,
P6    1owning, or purchasing a firearm and all of the following conditions
2are met:

3(a) If the person taking title or possession is neither a levying
4officer as defined in Section 481.140, 511.060, or 680.260 of the
5Code of Civil Procedure, nor a person who is receiving that firearm
6pursuant to subdivision (g), (i), or (j) of Section 16990, the person
7shall, within 30 days of taking possession, forward by prepaid mail
8or deliver in person to the Department of Justice, a report of
9information concerning the individual taking possession of the
10firearm, how title or possession was obtained and from whom, and
11a description of the firearm in question.

12(b) If the person taking title or possession is receiving the
13firearm pursuant to subdivision (g) of Section 16990, the person
14shall do both of the following:

15(1) Within 30 days of taking possession, forward by prepaid
16mail or deliver in person to the department, a report of information
17concerning the individual taking possession of the firearm, how
18title or possession was obtained and from whom, and a description
19of the firearm in question.

20(2) Until January 1, 2015, prior to taking title or possession of
21the firearm, the person shall obtain a handgun safety certificate,
22if the firearm is a handgun. Commencing January 1, 2015, prior
23to taking title or possession of the firearm, the person shall obtain
24a firearm safety certificate for any firearm, except that in the case
25of a handgun, an unexpired handgun safety certificate may be
26presented.

27(c) Where the person receiving title or possession of the firearm
28is a person described in subdivision (i) of Section 16990, on the
29date that the person is delivered the firearm, the name and other
30information concerning the person taking possession of the firearm,
31how title or possession of the firearm was obtained and from whom,
32and a description of the firearm by make, model, serial number,
33and other identifying characteristics shall be entered into the
34Automated Firearms System (AFS) via the California Law
35Enforcement Telecommunications System (CLETS) by the law
36enforcement or state agency that transferred or delivered the
37firearm, provided, however, that if the firearm is not a handgun
38and does not have a serial number, identification number, or
39identification mark assigned to it, that fact shall be noted in AFS.
40An agency without access to AFS shall arrange with the sheriff of
P7    1the county in which the agency is located to input this information
2via this system.

3(d) Where the person receiving title or possession of the firearm
4is a person described in subdivision (j) of Section 16990, on the
5date that the person is delivered the firearm, the name and other
6information concerning the person taking possession of the firearm,
7how title or possession of the firearm was obtained and from whom,
8and a description of the firearm by make, model, serial number,
9and other identifying characteristics shall be entered into the AFS
10via the CLETS by the law enforcement or state agency that
11transferred or delivered the firearm, provided, however, that if the
12firearm is not a handgun and does not have a serial number,
13identification number, or identification mark assigned to it, that
14fact shall be noted in AFS. An agency without access to AFS shall
15arrange with the sheriff of the county in which the agency is located
16to input this information via this system. In addition, that law
17enforcement agency shall not deliver the firearm to the person
18referred to in this subdivision unless, prior to the delivery of the
19firearm, the person presents proof to the agency that the person is
20the holder of a handgun safety certificate if the firearm is a
21handgun, and commencing January 1, 2015, a firearm safety
22certificate for any firearm, except that in the case of a handgun,
23an unexpired handgun safety certificate may be presented.

24(e) The reports that individuals complete pursuant to this section
25shall be provided to them by the Department of Justice.

26

SEC. 10.  

Section 27925 of the Penal Code is amended to read:

27

27925.  

(a) Section 27545 does not apply to a person who takes
28possession of a firearm by operation of law in a representative
29capacity who subsequently transfers ownership of the firearm to
30himself or herself in an individual capacity.

31(b) Until January 1, 2015, in the case of a handgun, the
32individual shall obtain a handgun safety certificate prior to
33transferring ownership to himself or herself, or taking possession
34of a handgun in an individual capacity. Beginning January 1, 2015,
35the individual shall obtain a firearm safety certificate prior to
36transferring ownership to himself or herself, or taking possession
37of a firearm in an individual capacity, except that in the case of a
38handgun, an unexpired handgun safety certificate may be used.

39

SEC. 11.  

Section 28160 of the Penal Code is amended to read:

P8    1

28160.  

(a) Until January 1, 2014, for handguns, and thereafter
2for all firearms, the register or record of electronic transfer shall
3include all of the following information:

4(1) The date and time of sale.

5(2) The make of firearm.

6(3) Peace officer exemption status pursuant to the provisions
7listed in subdivision (c) of Section 16585, and the agency name.

8(4) Auction or event waiting period exemption pursuant to
9Sections 26955 and 27655.

10(5) Dealer waiting period exemption pursuant to Sections 26960
11and 27660.

12(6) Dangerous weapons permitholder waiting period exemption
13pursuant to Sections 26965 and 27665.

14(7) Curio and relic waiting period exemption pursuant to
15Sections 26970 and 27670.

16(8) California Firearms Dealer number issued pursuant to Article
171 (commencing with Section 26700) of Chapter 2.

18(9) For transactions occurring on or after January 1, 2003, the
19purchaser’s handgun safety certificate number issued pursuant to
20Article 2 (commencing with Section 31610) of Chapter 4 of
21Division 10 of this title, or pursuant to former Article 8
22(commencing with Section 12800) of Chapter 6 of Title 2 of Part
234, as that article read at any time from when it became operative
24on January 1, 2003, to when it was repealed by the Deadly
25Weapons Recodification Act of 2010.

26(10) Manufacturer’s name if stamped on the firearm.

27(11) Model name or number, if stamped on the firearm.

28(12) Serial number, if applicable.

29(13) Other number, if more than one serial number is stamped
30on the firearm.

31(14) Any identification number or mark assigned to the firearm
32pursuant to Section 23910.

33(15) If the firearm is not a handgun and does not have a serial
34number, identification number, or mark assigned to it, a notation
35as to that fact.

36(16) Caliber.

37(17) Type of firearm.

38(18) If the firearm is new or used.

39(19) Barrel length.

40(20) Color of the firearm.

P9    1(21) Full name of purchaser.

2(22) Purchaser’s complete date of birth.

3(23) Purchaser’s local address.

4(24) If current address is temporary, complete permanent address
5of purchaser.

6(25) Identification of purchaser.

7(26) Purchaser’s place of birth (state or country).

8(27) Purchaser’s complete telephone number.

9(28) Purchaser’s occupation.

10(29) Purchaser’s sex.

11(30) Purchaser’s physical description.

12(31) All legal names and aliases ever used by the purchaser.

13(32) Yes or no answer to questions that prohibit purchase,
14including, but not limited to, conviction of a felony as described
15in Chapter 2 (commencing with Section 29800) or an offense
16described in Chapter 3 (commencing with Section 29900) of
17Division 9 of this title, the purchaser’s status as a person described
18in Section 8100 of the Welfare and Institutions Code, whether the
19purchaser is a person who has been adjudicated by a court to be a
20danger to others or found not guilty by reason of insanity, and
21whether the purchaser is a person who has been found incompetent
22to stand trial or placed under conservatorship by a court pursuant
23to Section 8103 of the Welfare and Institutions Code.

24(33) Signature of purchaser.

25(34) Signature of salesperson, as a witness to the purchaser’s
26signature.

27(35) Salesperson’s certificate of eligibility number, if the
28salesperson has obtained a certificate of eligibility.

29(36) Name and complete address of the dealer or firm selling
30the firearm as shown on the dealer’s license.

31(37) The establishment number, if assigned.

32(38) The dealer’s complete business telephone number.

33(39) Any information required by Chapter 5 (commencing with
34Section 28050).

35(40) Any information required to determine whether subdivision
36(f) of Section 27540 applies.

37(41) A statement of the penalties for signing a fictitious name
38or address, knowingly furnishing any incorrect information, or
39knowingly omitting any information required to be provided for
40the register.

P10   1(42) For transactions on and after January 1, 2015, the
2purchaser’s firearm safety certificate number, except that in the
3case of a handgun, the number from an unexpired handgun safety
4certificate may be used.

5(b) The purchaser shall provide the purchaser’s right thumbprint
6on the register in a manner prescribed by the department. No
7exception to this requirement shall be permitted except by
8regulations adopted by the department.

9(c) The firearms dealer shall record on the register or record of
10electronic transfer the date that the firearm is delivered.

11begin insert

begin insertSEC. 11.5.end insert  

end insert

begin insertSection 28160 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
12read:end insert

13

28160.  

(a) begin deleteUntil January 1, 2014, for handguns, and thereafter
14for end delete
begin insertFor end insertall firearms, the register or record of electronic transfer
15shall include all of the following information:

16(1) The date and time of sale.

17(2) The make of firearm.

18(3) Peace officer exemption status pursuant to the provisions
19listed in subdivision (c) of Section 16585, and the agency name.

begin delete

20(4) Auction or event waiting period exemption pursuant to
21Sections 26955 and 27655.

22(5) Dealer waiting period exemption pursuant to Sections 26960
23and 27660.

24(6) Dangerous weapons permitholder waiting period exemption
25pursuant to Sections 26965 and 27665.

26(7) Curio and relic waiting period exemption pursuant to
27Sections 26970 and 27670.

end delete
begin insert

28(4) Any applicable waiting period exemption information.

end insert
begin delete

29(8)

end delete

30begin insert(5)end insert California Firearms Dealer number issued pursuant to Article
311 (commencing with Section 26700) of Chapter 2.

begin delete

32(9)

end delete

33begin insert(6)end insert For transactions occurring on or after January 1, 2003, the
34purchaser’s handgun safety certificate number issued pursuant to
35Article 2 (commencing with Section 31610) of Chapter 4 of
36Division 10 of this title, or pursuant to former Article 8
37(commencing with Section 12800) of Chapter 6 of Title 2 of Part
384, as that article read at any time from when it became operative
39on January 1, 2003, to when it was repealed by the Deadly
40Weapons Recodification Act of 2010.

begin delete

P11   1(10)

end delete

2begin insert(7)end insert Manufacturer’s name if stamped on the firearm.

begin delete

3(11)

end delete

4begin insert(8)end insert Model name or number, if stamped on the firearm.

begin delete

5(12)

end delete

6begin insert(9)end insert Serial number, if applicable.

begin delete

7(13)

end delete

8begin insert(10)end insert Other number, if more than one serial number is stamped
9on the firearm.

begin delete

10(14)

end delete

11begin insert(11)end insert Any identification number or mark assigned to the firearm
12pursuant to Section 23910.

begin delete

13(15)

end delete

14begin insert(12)end insert If the firearm is not a handgun and does not have a serial
15number, identification number, or mark assigned to it, a notation
16as to that fact.

begin delete

17(16)

end delete

18begin insert(13)end insert Caliber.

begin delete

19(17)

end delete

20begin insert(14)end insert Type of firearm.

begin delete

21(18)

end delete

22begin insert(15)end insert If the firearm is new or used.

begin delete

23(19)

end delete

24begin insert(16)end insert Barrel length.

begin delete

25(20)

end delete

26begin insert(17)end insert Color of the firearm.

begin delete

27(21)

end delete

28begin insert(18)end insert Full name of purchaser.

begin delete

29(22)

end delete

30begin insert(19)end insert Purchaser’s complete date of birth.

begin delete

31(23)

end delete

32begin insert(20)end insert Purchaser’s local address.

begin delete

33(24)

end delete

34begin insert(21)end insert If current address is temporary, complete permanent address
35of purchaser.

begin delete

36(25)

end delete

37begin insert(22)end insert Identification of purchaser.

begin delete

38(26)

end delete

39begin insert(23)end insert Purchaser’s place of birth (state or country).

begin delete

40(27)

end delete

P12   1begin insert(24)end insert Purchaser’s complete telephone number.

begin delete

2(28)

end delete

3begin insert(25)end insert Purchaser’s occupation.

begin delete

4(29)

end delete

5begin insert(26)end insert Purchaser’sbegin delete sexend deletebegin insert genderend insert.

begin delete

6(30)

end delete

7begin insert(27)end insert Purchaser’s physical description.

begin delete

8(31)

end delete

9begin insert(28)end insert All legal names and aliases ever used by the purchaser.

begin delete

10(32)

end delete

11begin insert(29)end insert Yes or no answer to questions that prohibit purchase,
12including, but not limited to, conviction of a felony as described
13in Chapter 2 (commencing with Section 29800) or an offense
14described in Chapter 3 (commencing with Section 29900) of
15Division 9 of this title, the purchaser’s status as a person described
16in Section 8100 of the Welfare and Institutions Code, whether the
17purchaser is a person who has been adjudicated by a court to be a
18danger to others or found not guilty by reason of insanity, and
19whether the purchaser is a person who has been found incompetent
20to stand trial or placed under conservatorship by a court pursuant
21to Section 8103 of the Welfare and Institutions Code.

begin delete

22(33)

end delete

23begin insert(30)end insert Signature of purchaser.

begin delete

24(34)

end delete

25begin insert(31)end insert Signature of salesperson, as a witness to the purchaser’s
26signature.

begin delete

27(35)

end delete

28begin insert(32)end insert Salesperson’s certificate of eligibility number, if the
29salesperson has obtained a certificate of eligibility.

begin delete

30(36)

end delete

31begin insert(33)end insert Name and complete address of the dealer or firm selling
32the firearm as shown on the dealer’s license.

begin delete

33(37)

end delete

34begin insert(34)end insert The establishment number, if assigned.

begin delete

35(38)

end delete

36begin insert(35)end insert The dealer’s complete business telephone number.

begin delete

37(39)

end delete

38begin insert(36)end insert Any information required by Chapter 5 (commencing with
39Section 28050).

begin delete

40(40)

end delete

P13   1begin insert(37)end insert Any information required to determine whether subdivision
2(f) of Section 27540 applies.

begin delete

3(41)

end delete

4begin insert(38)end insert A statement of the penalties for signing a fictitious name
5or address, knowingly furnishing any incorrect information, or
6knowingly omitting any information required to be provided for
7the register.

begin insert

8(39) A statement informing the purchaser, after his or her
9 ownership of a firearm, of all of the following:

end insert
begin insert

10(A) Upon his or her application, the Department of Justice shall
11furnish him or her any information reported to the department as
12it relates to his or her ownership of that firearm.

end insert
begin insert

13(B) The purchaser is entitled to file a report of his or her
14acquisition, disposition, or ownership of a firearm with the
15department pursuant to Section 28000.

end insert
begin insert

16(C) Instructions for accessing the department’s Internet Web
17site for more information.

end insert
begin insert

18(40) For transactions on and after January 1, 2015, the
19purchaser’s firearm safety certificate number, except that in the
20case of a handgun, the number from an unexpired handgun safety
21certificate may be used.

end insert

22(b) The purchaser shall provide the purchaser’s right thumbprint
23on the register in a manner prescribed by the department. No
24exception to this requirement shall be permitted except by
25regulations adopted by the department.

26(c) The firearms dealer shall record on the register or record of
27electronic transfer the date that the firearm is deliveredbegin insert, together
28with the firearm dealer’s signature indicating delivery of the
29firearmend insert
.

begin insert

30(d) The purchaser shall sign the register or the record of
31electronic transfer on the date that the firearm is delivered to him
32or her.

end insert
33

SEC. 12.  

The heading of Chapter 4 (commencing with Section
3431500) of Division 10 of Title 4 of Part 6 of the Penal Code is
35amended to read:

36 

37Chapter  4. Handguns and Firearm Safety
38

 

P14   1

SEC. 13.  

The heading of Article 2 (commencing with Section
231610) of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal
3Code
is amended to read:

4 

5Article 2.  Firearm Safety Certificate
6

 

7

SEC. 14.  

Section 31610 of the Penal Code is amended to read:

8

31610.  

(a) It is the intent of the Legislature in enacting this
9article to require that persons who obtain handguns have a basic
10familiarity with those firearms, including, but not limited to, the
11safe handling and storage of those firearms. It is not the intent of
12the Legislature to require a handgun safety certificate for the mere
13possession of a firearm.

14(b) 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.

17

SEC. 15.  

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

18

31610.  

(a) It is the intent of the Legislature in enacting this
19article to require that persons who obtain firearms have a basic
20familiarity with those firearms, including, but not limited to, the
21safe handling and storage of those firearms. It is not the intent of
22the Legislature to require a firearm safety certificate for the mere
23possession of a firearm.

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

25

SEC. 16.  

Section 31615 of the Penal Code is amended to read:

26

31615.  

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

27(1) Purchase or receive any handgun, except an antique firearm,
28without a valid handgun safety certificate.

29(2) Sell, deliver, loan, or transfer any handgun, except an antique
30firearm, to any person who does not have a valid handgun safety
31certificate.

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

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

P15   1(d) 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

SEC. 17.  

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

5

31615.  

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

6(1) Purchase or receive any firearm, except an antique firearm,
7without a valid firearm safety certificate, except that in the case
8of a handgun, an unexpired handgun safety certificate may be used.

9(2) Sell, deliver, loan, or transfer any firearm, except an antique
10firearm, to any person who does not have a valid firearm safety
11certificate, except that in the case of a handgun, an unexpired
12handgun safety certificate may be used.

13(b) Any person who violates subdivision (a) is guilty of a
14misdemeanor.

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

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

21

SEC. 18.  

Section 31620 of the Penal Code is amended to read:

22

31620.  

(a) A person shall not commit an act of collusion as
23specified in Section 27550.

24(b) Any person who alters, counterfeits, or falsifies a handgun
25safety certificate, or who uses or attempts to use any altered,
26counterfeited, or falsified handgun safety certificate to purchase
27a handgun, is guilty of a misdemeanor.

28(c) Commencing January 1, 2015, any person who alters,
29counterfeits, or falsifies a firearm safety certificate, or who uses
30or attempts to use any altered, counterfeited, or falsified firearm
31safety certificate to purchase a firearm, is guilty of a misdemeanor.

32(d) The provisions of this section are cumulative and shall not
33be construed as restricting the application of any other law.
34However, an act or omission punishable in different ways by this
35section and different provisions of this code shall not be punished
36under more than one provision.

37

SEC. 19.  

Section 31625 of the Penal Code is amended to read:

38

31625.  

(a) A certified instructor shall not issue a handgun
39safety certificate to any person who has not complied with this
40article. Proof of compliance shall be forwarded to the department
P16   1by certified instructors as frequently as the department may
2determine.

3(b) A certified instructor shall not issue a handgun safety
4 certificate 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 handgun
7safety certificates.

8(d) This section shall remain in effect only until January 1, 2015,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2015, deletes or extends that date.

11

SEC. 20.  

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

12

31625.  

(a) A certified instructor shall not issue a firearm safety
13certificate to any person who has not complied with this article.
14Proof of compliance shall be forwarded to the department by
15certified instructors as frequently as the department may determine.

16(b) A certified instructor shall not issue a firearm safety
17certificate to any person who is under 18 years of age.

18(c) A violation of this section shall be grounds for the
19department to revoke the instructor’s certification to issue firearm
20safety certificates.

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

22

SEC. 21.  

Section 31630 of the Penal Code is amended to read:

23

31630.  

(a) The department shall develop an instruction manual
24in English and in Spanish by October 1, 2002. The department
25shall make the instructional manual available to firearms dealers
26licensed pursuant to Sections 26700 to 26915, inclusive, who shall
27make it available to the general public. Essential portions of the
28manual may be included in the pamphlet described in Section
2934205.

30(b) The department shall develop audiovisual materials in
31English and in Spanish by March 1, 2003, to be issued to instructors
32certified by the department.

33(c) The department shall solicit input from any reputable
34association or organization, including any law enforcement
35association that has as one of its objectives the promotion of
36firearms safety, in the development of the handgun safety certificate
37instructional materials.

38(d) 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.

P17   1

SEC. 22.  

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

2

31630.  

(a) The department shall develop an instruction manual
3in English and in Spanish. The department shall make the
4instructional manual available to firearms dealers licensed pursuant
5to Sections 26700 to 26915, inclusive, who shall make it available
6to the general public. Essential portions of the manual may be
7included in the pamphlet described in Section 34205.

8(b) The department shall develop audiovisual materials in
9English and in Spanish to be issued to instructors certified by the
10department.

11(c) The department shall solicit input from any reputable
12association or organization, including any law enforcement
13association that has as one of its objectives the promotion of
14 firearms safety, in the development of the firearm safety certificate
15instructional materials.

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

17

SEC. 23.  

Section 31635 of the Penal Code is amended to read:

18

31635.  

(a) The department shall prescribe a minimum level
19of skill, knowledge, and competency to be required of all handgun
20safety certificate instructors.

21(b) Department Certified Instructor applicants shall have a
22certification to provide training from one of the following
23organizations, as specified, or any entity found by the department
24to give comparable instruction in firearms safety, or the applicant
25shall have similar or equivalent training to that provided by the
26following, as determined by the department:

27(1) Department of Consumer Affairs, State of California-Firearm
28Training Instructor.

29(2) Director of Civilian Marksmanship, Instructor or
30Rangemaster.

31(3) Federal Government, Certified Rangemaster or Firearm
32Instructor.

33(4) Federal Law Enforcement Training Center, Firearm
34Instructor Training Program or Rangemaster.

35(5) United States Military, Military Occupational Specialty
36(MOS) as marksmanship or firearms instructor. Assignment as
37Range Officer or Safety Officer is not sufficient.

38(6) National Rifle Association-Certified Instructor, Law
39Enforcement Instructor, Rangemaster, or Training Counselor.

P18   1(7) Commission on Peace Officer Standards and Training
2(POST), State of California-Firearm Instructor or Rangemaster.

3(8) Authorization from a State of California accredited school
4to teach a firearm training course.

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

SEC. 24.  

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

9

31635.  

(a) The department shall prescribe a minimum level
10of skill, knowledge, and competency to be required of all firearm
11safety certificate instructors.

12(b) Department Certified Instructor applicants shall have a
13certification to provide training from one of the following
14organizations, as specified, or any entity found by the department
15to give comparable instruction in firearms safety, or the applicant
16shall have similar or equivalent training to that provided by the
17following, as determined by the department:

18(1) Department of Consumer Affairs, State of California-Firearm
19Training Instructor.

20(2) Director of Civilian Marksmanship, Instructor or
21Rangemaster.

22(3) Federal Government, Certified Rangemaster or Firearm
23Instructor.

24(4) Federal Law Enforcement Training Center, Firearm
25Instructor Training Program or Rangemaster.

26(5) United States Military, Military Occupational Specialty
27(MOS) as marksmanship or firearms instructor. Assignment as
28Range Officer or Safety Officer is not sufficient.

29(6) National Rifle Association-Certified Instructor, Law
30Enforcement Instructor, Rangemaster, or Training Counselor.

31(7) Commission on Peace Officer Standards and Training
32(POST), State of California-Firearm Instructor or Rangemaster.

33(8) Authorization from a State of California accredited school
34to teach a firearm training course.

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

36

SEC. 25.  

Section 31640 of the Penal Code is amended to read:

37

31640.  

(a) The department shall develop a written objective
38test, in English and in Spanish, and prescribe its content, form,
39and manner, to be administered by an instructor certified by the
40department.

P19   1(b) If the person taking the test is unable to read, the examination
2shall be administered orally. If the person taking the test is unable
3to read English or Spanish, the test may be applied orally by a
4translator.

5(c) The test shall cover, but not be limited to, all of the
6following:

7(1) The laws applicable to carrying and handling firearms,
8particularly handguns.

9(2) The responsibilities of ownership of firearms, particularly
10handguns.

11(3) Current law as it relates to the private sale and transfer of
12firearms.

13(4) Current law as it relates to the permissible use of lethal force.

14(5) What constitutes safe firearm storage.

15(6) Issues associated with bringing a handgun into the home.

16(7) Prevention strategies to address issues associated with
17bringing firearms into the home.

18(d) The department shall update test materials related to this
19article every five years.

20(e) If a dealer licensed pursuant to Sections 26700 to 26915,
21inclusive, or his or her employee, or where the managing officer
22or partner is certified as an instructor pursuant to this article, he
23or she shall also designate a separate room or partitioned area for
24a person to take the objective test, and maintain adequate
25supervision to ensure that no acts of collusion occur while the
26objective test is being administered.

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

30

SEC. 26.  

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

31

31640.  

(a) The department shall develop a written objective
32test, in English and in Spanish, and prescribe its content, form,
33and manner, to be administered by an instructor certified by the
34department.

35(b) If the person taking the test is unable to read, the examination
36shall be administered orally. If the person taking the test is unable
37to read English or Spanish, the test may be applied orally by a
38translator.

39(c) The test shall cover, but not be limited to, all of the
40following:

P20   1(1) The laws applicable to carrying and handling firearms,
2particularly handguns.

3(2) The responsibilities of ownership of firearms, particularly
4handguns.

5(3) Current law as it relates to the private sale and transfer of
6firearms.

7(4) Current law as it relates to the permissible use of lethal force.

8(5) What constitutes safe firearm storage.

9(6) Issues associated with bringing a firearm into the home.

10(7) Prevention strategies to address issues associated with
11bringing firearms into the home.

12(d) The department shall update test materials related to this
13article every five years.

14(e) If a dealer licensed pursuant to Sections 26700 to 26915,
15inclusive, or his or her employee, or where the managing officer
16or partner is certified as an instructor pursuant to this article, he
17or she shall also designate a separate room or partitioned area for
18a person to take the objective test, and maintain adequate
19supervision to ensure that no acts of collusion occur while the
20objective test is being administered.

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

22

SEC. 27.  

Section 31645 of the Penal Code is amended to read:

23

31645.  

(a) An applicant for a handgun safety certificate shall
24successfully pass the objective test referred to in Section 31640,
25with a passing grade of at least 75 percent. Any person receiving
26a passing grade on the objective test shall immediately be issued
27a handgun safety certificate by the instructor.

28(b) An applicant who fails to pass the objective test upon the
29first attempt shall be offered additional instructional materials by
30the instructor, such as a videotape or booklet. The person may not
31retake the objective test under any circumstances until 24 hours
32have elapsed after the failure to pass the objective test upon the
33first attempt. The person failing the test on the first attempt shall
34take another version of the test upon the second attempt. All tests
35shall be taken from the same instructor except upon permission
36by the department, which shall be granted only for good cause
37shown. The instructor shall make himself or herself available to
38the applicant during regular business hours in order to retake the
39test.

P21   1(c) 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

SEC. 28.  

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

5

31645.  

(a) An applicant for a firearm safety certificate shall
6successfully pass the objective test referred to in Section 31640,
7with a passing grade of at least 75 percent. Any person receiving
8a passing grade on the objective test shall immediately be issued
9a firearm safety certificate by the instructor.

10(b) An applicant who fails to pass the objective test upon the
11first attempt shall be offered additional instructional materials by
12the instructor, such as a videotape or booklet. The person may not
13retake the objective test under any circumstances until 24 hours
14have elapsed after the failure to pass the objective test upon the
15first attempt. The person failing the test on the first attempt shall
16take another version of the test upon the second attempt. All tests
17shall be taken from the same instructor except upon permission
18by the department, which shall be granted only for good cause
19shown. The instructor shall make himself or herself available to
20the applicant during regular business hours in order to retake the
21test.

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

23

SEC. 29.  

Section 31650 of the Penal Code is amended to read:

24

31650.  

(a) The certified instructor may charge a fee of
25twenty-five dollars ($25), fifteen dollars ($15) of which is to be
26paid to the department pursuant to subdivision (c).

27(b) An applicant to renew a handgun safety certificate shall be
28required to pass the objective test. The certified instructor may
29charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
30which is to be forwarded to the department pursuant to subdivision
31(c).

32(c) The department may charge the certified instructor up to
33fifteen dollars ($15) for each handgun safety certificate issued by
34that instructor to cover the department’s cost in carrying out and
35 enforcing this article, and enforcing the provisions listed in
36subdivision (e), as determined annually by the department.

37(d) All money received by the department pursuant to this article
38shall be deposited into the Firearms Safety and Enforcement
39Special Fund created pursuant to Section 28300.

P22   1(e) The department shall conduct enforcement activities,
2including, but not limited to, law enforcement activities to ensure
3compliance with the following provisions:

4(1) Section 830.95.

5(2) Title 2 (commencing with Section 12001) of Part 4.

6(3) This part, except Sections 16965, 17235, and 21510.

7(f) This section shall remain in effect only until January 1, 2015,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2015, deletes or extends that date.

10

SEC. 30.  

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

11

31650.  

(a) The certified instructor may charge a fee of
12twenty-five dollars ($25), fifteen dollars ($15) of which is to be
13paid to the department pursuant to subdivision (c).

14(b) An applicant to renew a firearm safety certificate shall be
15required to pass the objective test. The certified instructor may
16charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
17which is to be forwarded to the department pursuant to subdivision
18(c).

19(c) The department may charge the certified instructor up to
20fifteen dollars ($15) for each firearm safety certificate issued by
21that instructor to cover the department’s cost in carrying out and
22enforcing this article, and enforcing the provisions listed in
23subdivision (e), as determined annually by the department.

24(d) All money received by the department pursuant to this article
25shall be deposited into the Firearms Safety and Enforcement
26Special Fund created pursuant to Section 28300.

27(e) The department shall conduct enforcement activities,
28including, but not limited to, law enforcement activities to ensure
29compliance with the following provisions:

30(1) Section 830.95.

31(2) Title 2 (commencing with Section 12001) of Part 4.

32(3) This part, except Sections 16965, 17235, and 21510.

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

34

SEC. 31.  

Section 31655 of the Penal Code is amended to read:

35

31655.  

(a) The department shall develop handgun safety
36certificates to be issued by instructors certified by the department
37to those persons who have complied with this article.

38(b) A handgun safety certificate shall include, but not be limited
39to, the following information:

40(1) A unique handgun safety certificate identification number.

P23   1(2) The holder’s full name.

2(3) The holder’s date of birth.

3(4) The holder’s driver’s license or identification number.

4(5) The holder’s signature.

5(6) The signature of the issuing instructor.

6(7) The date of issuance.

7(c) The handgun safety certificate shall expire five years after
8the date that it was issued by the certified instructor.

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

12

SEC. 32.  

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

13

31655.  

(a) The department shall develop firearm safety
14certificates to be issued by instructors certified by the department
15to those persons who have complied with this article.

16(b) A firearm safety certificate shall include, but not be limited
17to, the following information:

18(1) A unique firearm safety certificate identification number.

19(2) The holder’s full name.

20(3) The holder’s date of birth.

21(4) The holder’s driver’s license or identification number.

22(5) The holder’s signature.

23(6) The signature of the issuing instructor.

24(7) The date of issuance.

25(c) The firearm safety certificate shall expire five years after
26the date that it was issued by the certified instructor.

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

28

SEC. 33.  

Section 31660 of the Penal Code is amended to read:

29

31660.  

(a) In the case of loss or destruction of a handgun safety
30certificate, the issuing instructor shall issue a duplicate certificate
31upon request and proof of identification to the certificate holder.

32(b) The department may authorize the issuing instructor to
33charge a fee, not to exceed fifteen dollars ($15), for a duplicate
34certificate. Revenues from this fee shall be deposited in the
35Firearms Safety and Enforcement Special Fund created pursuant
36to Section 28300.

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

40

SEC. 34.  

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

P24   1

31660.  

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

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.

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

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

15

SEC. 35.  

The heading of Article 3 (commencing with Section
1631700) of Chapter 4 of Division 10 of Title 4 of Part 6 of the Penal
17Code
is amended to read:

18 

19Article 3.  Exceptions to Firearm Safety Certificate Requirement
20

 

21

SEC. 36.  

Section 31700 of the Penal Code is amended to read:

22

31700.  

(a) The following persons, properly identified, are
23exempted from the handgun safety certificate requirement in
24subdivision (a) of Section 31615:

25(1) Any active or honorably retired peace officer, as defined in
26Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

27(2) Any active or honorably retired federal officer or law
28enforcement agent.

29(3) Any reserve peace officer, as defined in Section 832.6.

30(4) Any person who has successfully completed the course of
31training specified in Section 832.

32(5) A firearms dealer licensed pursuant to Sections 26700 to
3326915, inclusive, who is acting in the course and scope of that
34person’s activities as a person licensed pursuant to Sections 26700
35to 26915, inclusive.

36(6) A federally licensed collector who is acquiring or being
37loaned a handgun that is a curio or relic, as defined in Section
38478.11 of Title 27 of the Code of Federal Regulations, who has a
39current certificate of eligibility issued by the department pursuant
40to Section 26710.

P25   1(7) A person to whom a handgun is being returned, where the
2person receiving the firearm is the owner of the firearm.

3(8) A family member of a peace officer or deputy sheriff from
4a local agency who receives a firearm pursuant to Section 50081
5of the Government Code.

6(9) Any individual who has a valid concealed weapons permit
7issued pursuant to Chapter 4 (commencing with Section 26150)
8of Division 5.

9(10) An active or honorably retired member of the United States
10Armed Forces, the National Guard, the Air National Guard, or the
11active reserve components of the United States, where individuals
12in those organizations are properly identified. For purposes of this
13section, proper identification includes the Armed Forces
14Identification Card or other written documentation certifying that
15the individual is an active or honorably retired member.

16(11) Any person who is authorized to carry loaded firearms
17pursuant to Section 26025 or 26030.

18(12) Persons who are the holders of a special weapons permit
19issued by the department pursuant to Section 32650 or 33300,
20pursuant to Article 3 (commencing with Section 18900) of Chapter
211 of Division 5 of Title 2, or pursuant to Article 4 (commencing
22with Section 32700) of Chapter 6 of this division.

23(b) The following persons who take title or possession of a
24handgun by operation of law in a representative capacity, until or
25unless they transfer title ownership of the handgun to themselves
26in a personal capacity, are exempted from the handgun safety
27certificate requirement in subdivision (a) of Section 31615:

28(1) The executor or administrator of an estate.

29(2) A secured creditor or an agent or employee thereof when
30the firearms are possessed as collateral for, or as a result of, or an
31agent or employee thereof when the firearms are possessed as
32collateral for, or as a result of, a default under a security agreement
33under the Commercial Code.

34(3) A levying officer, as defined in Section 481.140, 511.060,
35or 680.260 of the Code of Civil Procedure.

36(4) A receiver performing the functions of a receiver.

37(5) A trustee in bankruptcy performing the duties of a trustee.

38(6) An assignee for the benefit of creditors performing the
39functions of an assignee.

P26   1(c) 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

SEC. 37.  

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

5

31700.  

(a) The following persons, properly identified, are
6exempted from the firearm safety certificate requirement in
7subdivision (a) of Section 31615:

8(1) Any active or honorably retired peace officer, as defined in
9Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

10(2) Any active or honorably retired federal officer or law
11enforcement agent.

12(3) Any reserve peace officer, as defined in Section 832.6.

13(4) Any person who has successfully completed the course of
14training specified in Section 832.

15(5) A firearms dealer licensed pursuant to Sections 26700 to
1626915, inclusive, who is acting in the course and scope of that
17person’s activities as a person licensed pursuant to Sections 26700
18to 26915, inclusive.

19(6) A federally licensed collector who is acquiring or being
20loaned a firearm that is a curio or relic, as defined in Section 478.11
21of Title 27 of the Code of Federal Regulations, who has a current
22certificate of eligibility issued by the department pursuant to
23Section 26710.

24(7) A person to whom a firearm is being returned, where the
25person receiving the firearm is the owner of the firearm.

26(8) A family member of a peace officer or deputy sheriff from
27a local agency who receives a firearm pursuant to Section 50081
28of the Government Code.

29(9) Any individual who has a valid concealed weapons permit
30issued pursuant to Chapter 4 (commencing with Section 26150)
31of Division 5.

32(10) An active or honorably retired member of the United States
33Armed Forces, the National Guard, the Air National Guard, or the
34active reserve components of the United States, where individuals
35in those organizations are properly identified. For purposes of this
36section, proper identification includes the Armed Forces
37Identification Card or other written documentation certifying that
38the individual is an active or honorably retired member.

39(11) Any person who is authorized to carry loaded firearms
40pursuant to Section 26025 or 26030.

P27   1(12) Persons who are the holders of a special weapons permit
2issued by the department pursuant to Section 32650 or 33300,
3pursuant to Article 3 (commencing with Section 18900) of Chapter
41 of Division 5 of Title 2, or pursuant to Article 4 (commencing
5with Section 32700) of Chapter 6 of this division.

6(b) The following persons who take title or possession of a
7firearm by operation of law in a representative capacity, until or
8unless they transfer title ownership of the firearm to themselves
9in a personal capacity, are exempted from the firearm safety
10certificate requirement in subdivision (a) of Section 31615:

11(1) The executor or administrator of an estate.

12(2) A secured creditor or an agent or employee thereof when
13the firearms are possessed as collateral for, or as a result of, or an
14agent or employee thereof when the firearms are possessed as
15collateral for, or as a result of, a default under a security agreement
16under the Commercial Code.

17(3) A levying officer, as defined in Section 481.140, 511.060,
18or 680.260 of the Code of Civil Procedure.

19(4) A receiver performing the functions of a receiver.

20(5) A trustee in bankruptcy performing the duties of a trustee.

21(6) An assignee for the benefit of creditors performing the
22functions of an assignee.

23(c) A person, validly identified, who has been issued a valid
24hunting license that is unexpired or that was issued for the hunting
25season immediately preceding the calendar year in which the person
26takes title of possession of a firearm is exempt from the firearm
27safety certificate requirement in subdivision (a) of Section 31615,
28except as to handguns.

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

30begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 31810 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

31

31810.  

Subdivision (a) of Section 31615 does not apply to or
32affect the following circumstances:

33(a) The loan of a handgunbegin insert, and commencing end insertbegin insertJanuary 1, 2015,
34any firearm,end insert
to a minor by the minor’s parent or legal guardian, if
35both of the following requirements are satisfied:

36(1) The minor is being loaned the firearm for the purposes of
37engaging in a lawful, recreational sport, including, but not limited
38to, competitive shooting, or agricultural, ranching, or hunting
39activitybegin insert or hunting educationend insert, or a motion picture, television, or
P28   1video production, or entertainment or theatrical event, the nature
2of which involves the use of a firearm.

3(2) The duration of the loan does not exceed the amount of time
4that is reasonably necessary to engage in the lawful, recreational
5sport, including, but not limited to, competitive shooting, or
6agricultural, ranching, or hunting activitybegin insert or hunting educationend insert,
7or a motion picture, television, or video production, or
8entertainment or theatrical event, the nature of which involves the
9use of a firearm.

10(b) The loan of a handgunbegin insert, and commencing January 1, 2015,
11any firearm,end insert
to a minor by a person who is not the minor’s parent
12or legal guardian, if all of the following requirements are satisfied:

13(1) The minor is accompanied by the minor’s parent or legal
14guardian when the loan is made, or the minor has the written
15consent of the minor’s parent or legal guardian, which is presented
16at the time of the loan, or earlier.

17(2) The minor is being loaned the firearm for the purpose of
18engaging in a lawful, recreational sport, including, but not limited
19to, competitive shooting, or agricultural, ranching, or hunting
20activitybegin insert or hunting educationend insert, or a motion picture, television, or
21video production, or entertainment or theatrical event, the nature
22of which involves the use of a firearm.

23(3) The duration of the loan does not exceed the amount of time
24that is reasonably necessary to engage in the lawful, recreational
25sport, including, but not limited to, competitive shooting, or
26agricultural, ranching, or hunting activitybegin insert or hunting educationend insert,
27or a motion picture, television, or video production, or
28entertainment or theatrical event, the nature of which involves the
29use of a firearm.

30(4) The duration of the loan does not, in any event, exceed 10
31days.

32begin insert

begin insertSEC. 39.end insert  

end insert
begin insert

Section 11.5 of this bill incorporates amendments to
33Section 21860 of the Penal Code proposed by both this bill and
34AB 538. It shall only become operative if (1) both bills are enacted
35and become effective on or before January 1, 2014, (2) each bill
36amends Section 21860 of the Penal Code, and (3) this bill is
37enacted after AB 538, in which case Section 11 of this bill shall
38not become operative.

end insert
P29   1

begin deleteSEC. 38.end delete
2begin insertSEC. 40.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

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