Amended in Senate January 21, 2014

Amended in Senate January 6, 2014

Amended in Senate April 23, 2013

Amended in Senate April 11, 2013

Senate Bill No. 808

Introduced by Senator De León

February 22, 2013

An act to amend Sections 11106, 16520, 23910, and 28230 of, and to add Chapter 3 (commencing with Section 29180) to Division 7 of Title 4 of Part 6 of, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 808, as amended, De León. Firearms: identifying information.

Existing law authorizes the Department of Justice to assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification, or whenever the manufacturer’s number or other mark of identification or distinguishing number or mark assigned by the department has been destroyed or obliterated.

This bill would begin insert , commencing January 1, 2016, end insert require a person who begin delete makes end delete begin insert manufactures end insert or assembles a firearm to first apply to the department for a unique serial number or other identifying mark, as provided. begin insert The bill would, by July 1, 2016, require any person who, as of January 1, 2016, owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. end insert The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

The bill would require the department to issue a serial number or other identifying mark to an applicant meeting specified criteria and would allow the department to charge a fee to recover its costs.

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: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 11106 of the Penal Code, as amended
by Section 1.3 of Chapter 739 of the Statutes of 2013, is amended
to read:

11106.  

(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant
to Section 26150, 26155, 26170, or 26215, information reported
to the Department of Justice pursuant to Section 26225, 29180, or
29830, dealers’ records of sales of firearms, reports provided
pursuant to Article 1 (commencing with Section 27500) of Chapter
4 of Division 6 of Title 4 of Part 6, or pursuant to any provision
listed in subdivision (a) of Section 16585, forms provided pursuant
to Section 12084, as that section read prior to being repealed,
reports provided pursuant to Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) of Chapter
2 of Division 6 of Title 4 of Part 6, that are not dealers’ records of
sales of firearms, information provided pursuant to Section 28255,
and reports of stolen, lost, found, pledged, or pawned property in
any city or county of this state, and shall, upon proper application
therefor, furnish this information to the officers referred to in
Section 11105.

(b) (1) The Attorney General shall permanently keep and
properly file and maintain all information reported to the
Department of Justice pursuant to the following provisions as to
firearms and maintain a registry thereof:

(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of
Title 4 of Part 6.

(B) Article 1 (commencing with Section 27500) of Chapter 4
of Division 6 of Title 4 of Part 6.

(C) Chapter 5 (commencing with Section 28050) of Division 6
of Title 4 of Part 6.

(D) Any provision listed in subdivision (a) of Section 16585.

(E) Former Section 12084.

(F) Section 28255.

(G) Section 29180.

(H) Any other law.

(2) The registry shall consist of all of the following:

(A) The name, address, identification of, place of birth (state
or country), complete telephone number, occupation, sex,
description, and all legal names and aliases ever used by the owner
or person being loaned the particular firearm as listed on the
information provided to the department on the Dealers’ Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
in former Section 12084, or reports made to the department
pursuant to any provision listed in subdivision (a) of Section 16585,
Section 28255, Section 29180, or any other law.

(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and
when the firearm was acquired or loaned as listed on the
information provided to the department on the Dealers’ Record of
Sale, the LEFT, or reports made to the department pursuant to any
provision listed in subdivision (a) of Section 16585 or any other
law.

(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.

(D) The manufacturer’s name if stamped on the firearm, model
name or number if stamped on the firearm, and, if applicable, the
serial number, other number (if more than one serial number is
stamped on the firearm), caliber, type of firearm, if the firearm is
new or used, barrel length, and color of the firearm, or, if the
firearm is not a handgun and does not have a serial number or any
identification number or mark assigned to it, that shall be noted.

(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.

(4) If any person is listed in the registry as the owner of a firearm
through a Dealers’ Record of Sale prior to 1979, and the person
listed in the registry requests by letter that the Attorney General
store and keep the record electronically, as well as in the record’s
existing photographic, photostatic, or nonerasable optically stored
form, the Attorney General shall do so within three working days
of receipt of the request. The Attorney General shall, in writing,
and as soon as practicable, notify the person requesting electronic
storage of the record that the request has been honored as required
by this paragraph.

(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
of subdivision (b) of Section 11105 may disseminate the name of
the subject of the record, the number of the firearms listed in the
record, and the description of any firearm, including the make,
model, and caliber, from the record relating to any firearm’s sale,
transfer, registration, or license record, or any information reported
to the Department of Justice pursuant to Section 26225, Article 1
(commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
6, Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
Section 28050) of Division 6 of Title 4 of Part 6, Article 2
(commencing with Section 28150) of Chapter 6 of Division 6 of
Title 4 of Part 6, Article 5 (commencing with Section 30900) of
Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
(commencing with Section 33850) of Division 11 of Title 4 of Part
6, or any provision listed in subdivision (a) of Section 16585, if
the following conditions are met:

(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being
prosecuted or is serving a sentence for the crime, or the subject of
the record is the subject of an emergency protective order, a
temporary restraining order, or an order after hearing, which is in
effect and has been issued by a family court under the Domestic
Violence Protection Act set forth in Division 10 (commencing
with Section 6200) of the Family Code.

(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.

(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim
of the crime with a “Victims of Domestic Violence” card, as
specified in subparagraph (H) of paragraph (9) of subdivision (c)
of Section 13701.

(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from
bodily harm by the person who is the subject of the record.

SEC. 2.  

Section 16520 of the Penal Code, as amended by
Section 2 of Chapter 737 of the Statutes of 2013, is amended to
read:

16520.  

(a) As used in this part, “firearm” means a device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of an explosion or other form of
combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

(13) Section 29180.

(14) Sections 29610 to 29750, inclusive.

(15) Sections 29800 to 29905, inclusive.

(16) Sections 30150 to 30165, inclusive.

(17) Section 31615.

(18) Sections 31705 to 31830, inclusive.

(19) Sections 34355 to 34370, inclusive.

(20) Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
a rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

(6) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26700 to 26915, inclusive.

(9) Section 27510.

(10) Section 27530.

(11) Section 27540.

(12) Section 27545.

(13) Sections 27555 to 27570, inclusive.

(14) Sections 29010 to 29150, inclusive.

(15) Section 25135.

begin insert

(16) Section 29180.

end insert

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

SEC. 3.  

Section 23910 of the Penal Code is amended to read:

23910.  

(a) The Department of Justice upon request may assign
a distinguishing number or mark of identification to any firearm
whenever the firearm lacks a manufacturer’s number or other mark
of identification, or whenever the manufacturer’s number or other
mark of identification or a distinguishing number or mark assigned
by the department has been destroyed or obliterated.

(b) The Department of Justice, upon request, shall assign a
distinguishing number or mark of identification to any firearm in
accordance with Section begin delete 29181 end delete begin insert 29182 end insert .

SEC. 4.  

Section 28230 of the Penal Code is amended to read:

28230.  

(a) The Department of Justice may charge a fee
sufficient to reimburse it for each of the following but not to exceed
fourteen dollars ($14), except that the fee may be increased at a
rate not to exceed any increase in the California Consumer Price
Index as compiled and reported by the Department of Industrial
Relations:

(1) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to any provision listed in subdivision (a) of Section 16585.

(2) For the actual processing costs associated with the
submission of a Dealers’ Record of Sale to the department.

(3) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to Section 26905,
27565, 27966, or 28000, or paragraph (1) of subdivision (a) of
Section 27560.

(4) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.

(5) For the actual costs associated with assigning a
distinguishing number or mark to firearms pursuant to Sections
29180 and begin delete 29181 end delete begin insert 29182 end insert .

(b) If the department charges a fee pursuant to paragraph (2) of
subdivision (a), it shall be charged in the same amount to all
categories of transaction that are within that paragraph.

(c) Any costs incurred by the Department of Justice to
implement this section shall be reimbursed from fees collected
and charged pursuant to this section. No fees shall be charged to
the dealer pursuant to Section 28225 for implementing this section.

SEC. 5.  

Chapter 3 (commencing with Section 29180) is added
to Division 7 of Title 4 of Part 6 of the Penal Code, to read:

 

Chapter  3. Assembly of Firearms

 

29180.  

(a)  begin delete (1) end delete begin delete   end delete begin delete Prior to making end delete begin insert For purposes of this chapter,
“manufacturing” or “assembling” a firearm means to fabricate
or construct a firearm, or to fit together the component parts of a
firearm to construct a firearm. end insert

begin insert (b) end insert begin insert   end insert begin insert Commencing January 1, 2016, prior to manufacturing end insert or
assembling a firearm, a person begin delete making end delete begin insert manufacturing end insert or
assembling the firearm shall begin delete apply end delete begin insert do all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Apply end insert to the Department of Justice for a unique serial number
or other mark of identification pursuant to Section begin delete 29181 end delete begin insert 29182 end insert .

(2) Within one day of begin delete making end delete begin insert manufacturing end insert or assembling a
firearm in accordance with paragraph (1), the unique serial number
or other mark of identification provided by the department shall
be engraved or permanently affixed to the firearm in accordance
with regulations prescribed by the department pursuant to Section
begin delete 29181 end delete begin insert 29182 end insert and in a manner that meets or exceeds the
requirements imposed on licensed importers and licensed
manufacturers of firearms pursuant to subsection (i) of Section
923 of Title 18 of the United States Code and regulations issued
pursuant thereto.

(3) After the serial number provided by the department is
engraved or otherwise permanently affixed to the firearm, the
person shall notify the department of that fact in a manner and
within a time period specified by the department, and with
sufficient information to identify the owner of the firearm begin delete and end delete begin insert , end insert the
unique serial number or mark of identification provided by the
department begin insert , and the firearm in a manner prescribed by the
department end insert .

begin delete

(b) Subdivision (a) does not apply to an importer or
manufacturer of firearms who is licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto.

end delete begin insert

(c) By July 1, 2016, any person who, as of January 1, 2016,
owns a firearm that does not bear a serial number assigned to it
pursuant to either Section 23910 or pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, shall do all of
the following:

end insert begin insert

(1) Apply to the Department of Justice for a unique serial
number or other mark of identification pursuant to Section 29182.

end insert begin insert

(2) Within one day of receiving a unique serial number or other
mark of identification from the department, the unique serial
number or other mark of identification provided by the department
shall be engraved or permanently affixed to the firearm in
accordance with regulations prescribed by the department pursuant
to Section 29182 and in a manner that meets or exceeds the
requirements imposed on licensed importers and licensed
manufacturers of firearms pursuant to subsection (i) of Section
923 of Title 18 of the United States Code and regulations issued
pursuant thereto.

end insert begin insert

(3) After the serial number provided by the department is
engraved or otherwise permanently affixed to the firearm, the
person shall notify the department of that fact in a manner and
within a time period specified by the department, and with sufficient
information to identify the owner of the firearm, the unique serial
number or mark of identification provided by the department, and
the firearm in a manner prescribed by the department.

end insert begin delete

(c) (1) If

end delete

begin insert (d) end insert begin insert   end insert begin insert If end insert the firearm is a handgun, a violation of begin delete subdivision (a) end delete
begin insert this section end insert is punishable by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment. For all other
firearms, a violation begin delete if subdivision (a) end delete begin insert of this section end insert is punishable
by imprisonment in a county jail not to exceed six months, or by
a fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment. begin insert Each firearm found to be in violation of
this section constitutes a distinct and separate offense. This section
does not preclude prosecution under any other law providing for
a greater penalty. end insert

begin delete

(2) This section does not preclude prosecution under any other
law providing for a greater penalty.

end delete begin delete

(3) The provisions of this section are cumulative and do not
restrict the application of any other law. However, an act or
omission punishable in different ways by different laws shall not
be punished under more than one provision of law.

end delete begin delete

(4) Each firearm shall constitute a distinct and separate offense
pursuant to subdivision (a).

end delete

begin insert

begin insert 29181. end insert   

Section 29180 does not apply to or affect any of the
following:

(a) A firearm that has a serial number assigned to it pursuant
to either Section 23910 or pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.

(b) A firearm made or assembled prior to December 16, 1968,
that is not a handgun.

(c) A firearm that is a curio or relic, as defined in Section 478.11
of Title 27 of the Code of Federal Regulations, or its successor.

end insert

begin delete 29181. end delete
begin insert 29182. end insert   

(a) The Department of Justice shall accept applications
from, and shall grant applications in the form of serial numbers
pursuant to Section 23910 to, persons who wish to begin delete make end delete
begin insert manufacture end insert or assemble firearms pursuant to subdivision begin delete (a) end delete begin insert (b) end insert
of Section 29180 begin insert or own a firearm described in subdivision (c) of
Section 29180 end insert .

(b) An application made pursuant to subdivision (a) shall only
be granted by the department if the applicant begin delete presents proof that
the applicant is not prohibited by state or federal law from
possessing or owning a firearm or ammunition, that he or she is
18 years of age or older, and that the making of the firearm at the
place where the firearm is made does not violate any local
regulatory requirements. end delete begin insert does all of the following: end insert

begin insert

(1) Completes a personal firearms eligibility check pursuant to
Section 30105, demonstrating that the applicant is not prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm.

end insert begin insert

(2) Presents proof of age and identity as specified in Section
16400. The applicant shall be 18 years of age or older to obtain
a unique serial number or mark of identification for a firearm that
is not a handgun, and shall be 21 years of age or older to obtain
a unique serial number or mark of identification for a handgun.

end insert begin insert

(3) Provide a description of the firearm that he or she intends
to manufacture or assemble, in a manner proscribed by the
department.

end insert begin insert

(4) Have a valid firearm safety certificate or handgun safety
certificate.

end insert

(c) The department shall inform applicants who are denied an
application of the reasons for the denial in writing.

(d) All applications shall be granted or denied within 15 calendar
days of the receipt of the application by the department.

begin delete

(e) The department may, as a condition of granting the
application, require the applicant to allow an employee of the
department designated by the Attorney General, upon presentation
of the proper identification, to inspect the place where the firearm
is to be made or assembled during normal business hours to ensure
compliance with this chapter.

end delete begin delete

(f) (1) The

end delete

begin insert (e) end insert begin insert   end insert begin insert The end insert department shall recover the full costs of administering
the program by collecting fees from persons making applications
pursuant to this section. begin insert The department shall include a discreet
fee as part of the application process to cover the cost of placing
information provided pursuant to paragraph (3) of subdivision
(b), or paragraph (3) of subdivision (c), of Section 29180, in the
centralized registry specified in Section 11106. The fee for
reporting information shall not exceed the costs associated with
the submission of information to the department pursuant to Section
28000. end insert

begin delete

(2) The department shall include a discreet fee as part of the
application process to cover the cost of placing information
provided pursuant to paragraph (3) of subdivision (a) of Section
29180 in the centralized registry specified in Section 11106. The
fee for reporting information shall not exceed the costs associated
with the submission of information to the department pursuant to
Section 28000.

end delete begin delete

(g)

end delete

begin insert (f) end insert  The department shall adopt regulations to administer this
chapter.

begin delete 29812. end delete
begin insert 29183. end insert   

The Department of Justice shall maintain and make
available upon request information concerning all of the following:

(a) The number of applications made and granted pursuant to
Section begin delete 29181 end delete begin insert 29182 end insert .

(b) The amount of fees collected pursuant to Section begin delete 29181 end delete
begin insert 29182 end insert .

(c) The number of begin insert arrests for end insert violations of Section 29180.

SEC. 6.  

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