SB 759, as amended, Nielsen. Firearms: California State Military Museum and Resource Center.
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.
This bill would correct an incorrect reference to the California State Military Museum and Resource Center in those provisions.begin insert The bill would authorize donation of firearms to specified branch museums in addition to the California State Military Museum and Resource Center, and would also authorize any state agency, county, municipality, or special purpose district to offer any excess military weapons or equipment, such as historical war equipment like artillery, tanks, or armored vehicles, to those museums.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 34005 of the Penal Code is amended to
2read:
(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 California State
7Military Museum and Resource Center,begin insert located in Sacramento,
8and at branch museums located at the California National Guard
9facilities at Camp Roberts, Camp San Luis Obispo, and Los
10Alamitos Armed Forces Reserve Center,end insert may, upon the authority
11of the legislative body of the city, city and county, or county by
12which the officer is employed and the approval of the Adjutant
13General, deliver the firearm to
the commanding officer of a unit
14of the California National Guard, the Coast Guard Auxiliary, or
15any other military agency of the state or federal government, in
16lieu of destruction as required by any of the provisions listed in
17Section 16580.
18(2) Any state agency, county, municipality, or special purpose
19district may offer any excess military weapons or equipment, such
20as historical war equipment like artillery, tanks, or armored
21vehicles, to the California State Military Museum and Resource
22Center or any branch museum described in paragraph (1).
23(2)
end delete
24begin insert(3)end insert The officer delivering a firearm pursuant to this subdivision
25shall take a receipt for it, which contains a complete description
26of the firearm, and shall keep the receipt on file in his or her office
27as a public record.
28(b) Any law enforcement agency that has custody of any
29firearms, or any parts of any firearms, which are subject to
30destruction as required by any of the provisions listed in Section
3116580, may, in lieu of destroying the weapons, retain and use any
32of them as may be useful in carrying out the official duties of the
P3 1agency. Alternatively, upon approval of a court, the agency may
2do either of the following:
3(1) Release the weapons to any other law enforcement agency
4for use in carrying out the official duties of that agency.
5(2) Turn over to the criminalistics laboratory of the Department
6of Justice or the criminalistics laboratory of a police department,
7sheriff’s office, or district attorney’s office, any weapons that may
8be useful in carrying out the official duties of the respective
9agencies.
10(c) (1) Any firearm, or part of any firearm, which, rather than
11being destroyed, is used for official purposes pursuant to this
12section, shall be destroyed by the agency using the weapon when
13it is no longer needed by the agency for use in carrying out its
14official duties.
15(2) Firearms or weaponry donated to the California State
16Military Museum and Resource Center may be disposed of
17 pursuant to Section 179 of the
Military and Veterans Code.
18(d) (1) Any law enforcement agency that has custody of any
19firearms, or any parts of any firearms, which are subject to
20destruction as required by any of the provisions listed in Section
2116580, may, in lieu of destroying the firearms, obtain an order
22from the superior court directing the release of the firearms to the
23sheriff.
24(2) The sheriff shall enter those weapons into the Automated
25Firearms System (AFS), via the California Law Enforcement
26Telecommunications System, with a complete description of each
27weapon, including the make, type, category, caliber, and serial
28number of the firearms, and the name of the academy receiving
29the weapon entered into the AFS miscellaneous field.
30(3) The sheriff shall then release the firearms to the basic
31training academy certified by the Commission on Peace Officer
32Standards and Training, so that the firearms may be used for
33instructional purposes in the certified courses. All firearms released
34to an academy shall be under the care, custody, and control of the
35particular academy.
36(4) Any firearm, or part of any firearm, which is not destroyed,
37and is used for the purposes authorized by this section, shall be
38returned to the law enforcement agency that had original custody
39of the firearm when it is no longer needed by the basic training
P4 1academy, or when the basic training academy is no longer certified
2by the commission.
3(5) When those firearms are returned, the law enforcement
4agency to which the firearms
are returned, shall on the date of the
5return, enter into the Automated Firearms System (AFS), via the
6California Law Enforcement Telecommunications System, a
7complete description of each weapon, including the make, type,
8category, caliber, and serial number of the firearms, and the name
9of the entity returning the firearm.
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