Amended in Senate April 3, 2013

Senate BillNo. 759


Introduced by Senator Nielsen

February 22, 2013


An actbegin delete relating to veterans.end deletebegin insert to amend Section 34005 of the Penal Code, relating to firearms.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 759, as amended, Nielsen. begin deleteVeterans’ homes. end deletebegin insertFirearms: California State Military Museum and Resource Center.end insert

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Existing law provides that an officer having custody of any firearm that may be useful to the California National Guard, the Coast Guard Auxiliary, or to any military or naval agency of the federal or state government, may, upon the authority of the legislative body of the city, city and county, or county by which the officer is employed and the approval of the Adjutant General, deliver the firearm to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary, or any other military agency of the state or federal government, including the California State Military Museum and Resource Center, in lieu of destruction as otherwise required. Existing law also specifies how firearms donated to the California State Military Museum and Resource Center may be disposed of.

end insert
begin insert

This bill would correct an incorrect reference to the California State Military Museum and Resource Center in those provisions.

end insert
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Existing law provides for the establishment and operation of the Veterans’ Home of California at various sites, and declares that there is in the Department of Veterans Affairs a Veterans’ Home of California, Yountville.

end delete
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This bill would declare the intent of the Legislature to enact legislation regarding state-operated veterans’ homes.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 34005 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

34005.  

(a) (1) An officer having custody of any firearm that
4may be useful to the California National Guard, the Coast Guard
5Auxiliary, or to any military or naval agency of the federal or state
6government, including, but not limited to, the Californiabegin delete National
7Guard military museumend delete
begin insert State Military Museumend insert andbegin delete resource center,end delete
8begin insert Resource Center,end insert may, upon the authority of the legislative body
9of the city, city and county, or county by which the officer is
10employed and the approval of the Adjutant General, deliver the
11firearm to the commanding officer of a unit of the California
12National Guard, the Coast Guard Auxiliary, or any other military
13agency of the state or federal government, in lieu of destruction
14as required by any of the provisions listed in Section 16580.

15(2) The officer delivering a firearm pursuant to this subdivision
16shall take a receipt for it, which contains a complete description
17of the firearm, and shall keep the receipt on file in his or her office
18as a public record.

19(b) Any law enforcement agency that has custody of any
20firearms, or any parts of any firearms, which are subject to
21destruction as required by any of the provisions listed in Section
2216580, may, in lieu of destroying the weapons, retain and use any
23of them as may be useful in carrying out the official duties of the
24agency. Alternatively, upon approval of a court, the agency may
25do either of the following:

26(1) Release the weapons to any other law enforcement agency
27for use in carrying out the official duties of that agency.

28(2) Turn over to the criminalistics laboratory of the Department
29of Justice or the criminalistics laboratory of a police department,
30sheriff’s office, or district attorney’s office, any weapons that may
31be useful in carrying out the official duties of the respective
32agencies.

P3    1(c) (1) Any firearm, or part of any firearm, which, rather than
2being destroyed, is used for official purposes pursuant to this
3section, shall be destroyed by the agency using the weapon when
4it is no longer needed by the agency for use in carrying out its
5official duties.

6(2) Firearms or weaponry donated to the Californiabegin delete National
7Guard military museumend delete
begin insert State Military Museumend insert andbegin delete resource centerend delete
8begin insert Resource Centerend insert may be disposed of pursuant to Section 179 of
9the Military and Veterans Code.

10(d) (1) Any law enforcement agency that has custody of any
11firearms, or any parts of any firearms, which are subject to
12destruction as required by any of the provisions listed in Section
1316580, may, in lieu of destroying the firearms, obtain an order
14from the superior court directing the release of the firearms to the
15sheriff.

16(2) The sheriff shall enter those weapons into the Automated
17Firearms System (AFS), via the California Law Enforcement
18Telecommunications System, with a complete description of each
19weapon, including the make, type, category, caliber, and serial
20number of the firearms, and the name of the academy receiving
21the weapon entered into the AFS miscellaneous field.

22(3) The sheriff shall then release the firearms to the basic
23training academy certified by the Commission on Peace Officer
24Standards and Training, so that the firearms may be used for
25instructional purposes in the certified courses. All firearms released
26to an academy shall be under the care, custody, and control of the
27particular academy.

28(4) Any firearm, or part of any firearm, which is not destroyed,
29and is used for the purposes authorized by this section, shall be
30returned to the law enforcement agency that had original custody
31of the firearm when it is no longer needed by the basic training
32academy, or when the basic training academy is no longer certified
33by the commission.

34(5) When those firearms are returned, the law enforcement
35agency to which the firearms are returned, shall on the date of the
36return, enter into the Automated Firearms System (AFS), via the
37California Law Enforcement Telecommunications System, a
38complete description of each weapon, including the make, type,
39category, caliber, and serial number of the firearms, and the name
40of the entity returning the firearm.

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P4    1

SECTION 1.  

It is the intent of the Legislature to enact legislation
2regarding state-operated veterans’ homes.

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