Amended in Senate May 6, 2014

Senate Bill No. 1354

Introduced by Senator Knight

February 21, 2014

An act to begin insert amend Sections 18900, 23000, 23655, 26710, 26715, 27200, 27555, 28450, 29050, 29060, 29500, 30105, 31000, 31005, 31320, 31635, 32010, 32315, 32650, 32700, 33300, and 33850 of, and to end insert add Section 16030 begin delete to end delete begin insert to, end insert the Penal Code, relating to deadly weapons.

LEGISLATIVE COUNSEL’S DIGEST

SB 1354, as amended, Knight. Deadly weapons: begin delete permits and licenses issued by end delete begin insert applications to end insert the Department of Justice.

Existing law generally regulates deadly weapons, including prohibitions on various types of deadly weapons. Under existing law, the Department of Justice is required to review and approve or deny applications for licenses and permits to, among other things, possess, sell, lease, transfer, manufacture, surrender, or dispose of certain other types of deadly weapons.

This bill would require begin delete , except as otherwise provided, end delete the department to make a determination on begin delete each application for a license or permit for end delete certain begin insert applications related to end insert deadly begin delete weapons within 90 days, end delete begin insert weapons, end insert and notify the applicant in writing of that begin delete determination end delete begin insert determination, end insert within begin delete 10 days of the determination. end delete begin insert 90 calendar days from the date the department receives the application. The bill would require the department to notify each applicant in writing within 30 calendar days from the date an application is received by the department if the department deems the application to be incomplete. The bill would also require a determination by the department denying an application to set forth the specific reasons for the department’s denial of the application, and provide the applicant with a form for appealing the department’s determination. end insert The bill would define “determination” and begin delete “each application” end delete begin insert “application” end insert for those purposes.

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

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

SECTION 1.  

Section 16030 is added to the Penal Code, to
read:

16030.  

(a)  begin delete Except as otherwise provided in this part, the
Department of Justice shall make a determination on each
application for a license or permit under this part before the
expiration of 90 calendar days from the date the department
receives the application. end delete begin insert All of the following provisions shall apply
to the Department of Justice in reviewing and approving an
application received by the department pursuant to the provisions
specified in paragraph (1) of subdivision (b): end insert

begin insert

(1) The department shall notify each applicant in writing within
30 calendar days from the date an application is received by the
department if the department deems the application to be
incomplete.

end insert begin insert

(2) (A) The department shall make a determination on each
application, and provide written notice of that determination to
the applicant, before the expiration of 90 calendar days from the
date the department receives the application.

end insert begin insert

(B) If the department is unable to make a determination on an
application within 90 calendar days due to circumstances beyond
the department’s control, the time limit in subparagraph (A) may
be extended by written notice to the applicant setting forth the
reasons for the extension and the date on which a determination
on the application is expected.

end insert begin insert

(C) A written notice sent to an applicant pursuant to
subparagraph (B) shall not specify a date that would result in an
extension for more than 90 calendar days beyond the time limit in
subparagraph (A).

end insert begin insert

(3) A determination by the department denying an application
shall set forth the specific reasons for the department’s denial of
the application, and provide the applicant with a form for
appealing the department’s determination.

end insert begin delete

(b) Except as otherwise provided in this part, the Department
of Justice shall give each applicant timely written notice of its
determination on each application for a license or permit under
this part, but in no case shall the date the department’s notice is
transmitted exceed 10 calendar days from the date of its
determination.

end delete begin delete

(c)

end delete

begin insert (b) end insert  For purposes of this section, the following definitions apply:

begin insert

(1) “Application” means an application received by the
Department of Justice pursuant to Section 18900, 23000, 23655,
26710, 26715, 27200, 27555, 28450, 29050, 29060, 29500, 30105,
31000, 31005, 31320, 31635, 32010, 32315, 32650, 32700, 33300,
or 33850.

end insert begin insert

(2) “Department” means the Department of Justice.

end insert begin delete

(1)

end delete

begin insert (3) end insert  “Determination” means a finding that an application has
been approved or denied by the Department of Justice.

begin delete

(2) “Each application” means applications of all types under
this part, including, but not limited to, initial and renewal
applications.

end delete begin insert

(c) This section does not require the department to approve an
application if the department is not able to make a determination
within the time limits prescribed by this section.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 18900 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

18900.  

(a) Every dealer, manufacturer, importer, and exporter
of any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall obtain
a permit for the conduct of that business from the Department of
Justice.

(b) Any person, firm, or corporation not mentioned in
subdivision (a) shall obtain a permit from the Department of Justice
in order to possess or transport any destructive device. No permit
shall be issued to any person who meets any of the following
criteria:

(1) Has been convicted of any felony.

(2) Is addicted to the use of any narcotic drug.

(3) Is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.

(c) An application for a permit shall comply with all of the
following:

(1) It shall be filed in writing.

(2) It shall be signed by the applicant if an individual, or by a
member or officer qualified to sign if the applicant is a firm or
corporation.

(3) It shall state the name, business in which engaged, business
address, and a full description of the use to which the destructive
devices are to be put.

(d) Applications and permits shall be uniform throughout the
state on forms prescribed by the Department of Justice.

begin insert

(e) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a permit pursuant
to this section.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 23000 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

23000.  

The Department of Justice may issue a permit for the
possession and transportation of tear gas or a tear gas weapon that
is not intended or certified for personal self-defense purposes, upon
proof that good cause exists for issuance of the permit to the
applicant. The permit may also allow the applicant to install,
maintain, and operate a protective system involving the use of tear
gas or a tear gas weapon in any place that is accurately and
completely described in the permit application. begin insert The Department
of Justice shall comply with Section 16030 in reviewing and
approving an application for a permit pursuant to this section. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 23655 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

23655.  

(a) The Department of Justice shall certify laboratories
to verify compliance with standards for firearm safety devices set
forth in Section 23650. begin insert The Department of Justice shall comply
with Section 16030 in reviewing and certifying laboratories
pursuant to this section. end insert

(b) The Department of Justice may charge any laboratory that
is seeking certification to test firearm safety devices a fee not
exceeding the costs of certification, including costs associated with
the development and approval of regulations and standards pursuant
to Section 23650.

(c) The certified laboratory shall, at the manufacturer’s or
dealer’s expense, test a firearm safety device and submit a copy
of the final test report directly to the Department of Justice, along
with the firearm safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and the
department’s determination as to whether the firearm safety device
tested may be sold in this state.

(d) Commencing on July 1, 2001, the Department of Justice
shall compile, publish, and maintain a roster listing all of the
firearm safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department’s
standards for firearm safety devices, and may be sold in this state.

(e) The roster shall list, for each firearm safety device, the
manufacturer, model number, and model name.

(f) The department may randomly retest samples obtained from
sources other than directly from the manufacturer of the firearm
safety device listed on the roster to ensure compliance with the
requirements of this division.

(g) Firearm safety devices used for random sample testing and
obtained from sources other than the manufacturer shall be in new,
unused condition, and still in the manufacturer’s original and
unopened package.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 26710 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

26710.  

(a) A person may request a certificate of eligibility
from the Department of Justice.

(b) The Department of Justice shall examine its records and
records available to the department in the National Instant Criminal
Background Check System in order to determine if the applicant
is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.

(c) The department shall issue a certificate to an applicant if the
department’s records indicate that the applicant is not a person
who is prohibited by state or federal law from possessing firearms.

(d) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs of
administering the program by imposing fees assessed to applicants
who apply for those certificates.

begin insert

(e) The Department of Justice shall comply with Section 16030
in reviewing and approving a request for a certificate of eligibility
pursuant to this section.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 26715 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

26715.  

(a)  begin insert (1) end insert begin insert   end insert Except as otherwise provided in paragraphs
(1) and (3) of subdivision (b), the Department of Justice shall keep
a centralized list of all persons licensed pursuant to subdivisions
(a) to (e), inclusive, of Section 26700.

begin insert

(2) If the Department of Justice authorizes a person to apply to
be on the centralized list described in paragraph (1), the
department shall comply with Section 16030 in reviewing and
approving that application.

end insert

(b) (1) The department may remove from this list any person
who knowingly or with gross negligence violates a provision listed
in Section 16575.

(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.

(3) Upon removal of a dealer from this list, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the dealer’s business is located.

(c) Information compiled from the list shall be made available,
upon request, for the following purposes only:

(1) For law enforcement purposes.

(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code for determining the validity of the
license for firearm shipments.

(3) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Article 1 (commencing with Section
27200) of Chapter 3, if that information is requested by the person
to determine the eligibility of a prospective participant in a gun
show or event to conduct transactions as a firearms dealer pursuant
to subdivision (b) of Section 26805.

(d) Information provided pursuant to subdivision (c) shall be
limited to information necessary to corroborate an individual’s
current license status as being one of the following:

(1) A person licensed pursuant to subdivisions (a) to (e),
inclusive, of Section 26700.

(2) A person who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States
Code, and who is not subject to the requirement of being licensed
pursuant to subdivisions (a) to (e), inclusive, of Section 26700.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 27200 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27200.  

(a) No person shall produce, promote, sponsor, operate,
or otherwise organize a gun show or event, as specified in
subdivision (b) of Section 26805, unless that person possesses a
valid certificate of eligibility from the Department of Justice.

(b) Unless the department’s records indicate that the applicant
is a person prohibited from possessing firearms, a certificate of
eligibility shall be issued by the Department of Justice to an
applicant provided the applicant does all of the following:

(1) Certifies that the applicant is familiar with the provisions of
this article and Article 2 (commencing with Section 27300).

(2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).

(3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.

(c) If during that year the information required by paragraph
(3) of subdivision (b) changes, or additional gun shows or events
will be promoted, produced, sponsored, operated, or otherwise
organized by the applicant, the producer shall notify the
Department of Justice no later than 30 days prior to the gun show
or event.

(d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section.

(e) The Department of Justice shall recover the full costs of
administering the certificate of eligibility program by fees assessed
applicants who apply for certificates. A licensed gun show producer
shall be assessed an annual fee of eighty-five dollars ($85) by the
department.

(f) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 26710 to the maximum extent practicable.

begin insert

(g) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a certificate of
eligibility pursuant to this section.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 27555 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27555.  

(a) (1) Commencing July 1, 2008, a person who is
licensed pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code may not sell, deliver, or
transfer a firearm to a person in California who is licensed pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code unless, prior to delivery, the person intending
to sell, deliver, or transfer the firearm obtains a verification number
via the Internet for the intended sale, delivery, or transfer, from
the Department of Justice. begin insert The Department of Justice shall comply
with Section 16030 in reviewing and approving a request for a
verification number pursuant to this section. end insert

(2) If Internet service is unavailable to either the department or
the licensee due to a technical or other malfunction, or a federal
firearms licensee who is located outside of California does not
possess a computer or have Internet access, alternate means of
communication, including facsimile or telephone, shall be made
available for a licensee to obtain a verification number in order to
comply with this section.

(b) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
Section 26715, or the centralized list of exempted federal firearms
licensees pursuant to Section 28450, or the centralized list of
firearms manufacturers pursuant to Section 29060.

(c) (1) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is authorized to receive
the firearm shipment, the department shall issue to the inquiring
party, a unique verification number for the intended sale, delivery,
or transfer. One verification number shall be issued for each sale,
delivery, or transfer, which may involve multiple firearms.

(2) In addition to the unique verification number, the department
may provide to the inquiring party information necessary for
determining the eligibility of the intended recipient to receive the
firearm.

(3) The person intending to sell, deliver, or transfer the firearm
shall provide the unique verification number to the recipient along
with the firearm upon delivery, in a manner to be determined by
the department.

(d) If the department finds after the reviews specified in
subdivision (b) that the intended recipient is not authorized to
receive the firearm shipment, the department shall notify the
inquiring party that the intended recipient is ineligible to receive
the shipment.

(e) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, or by
alternate means of communication, such as by facsimile or
telephone, including all required enrollment information and
procedures.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 28450 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

28450.  

(a) Commencing January 1, 2008, the Department of
Justice shall keep a centralized list of persons who identify
themselves as being licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code as a dealer,
importer, or manufacturer of firearms whose licensed premises
are within this state and who declare to the department an
exemption from the firearms dealer licensing requirements of
Section 26500.

(b) The list shall be known as the centralized list of exempted
federal firearms licensees.

(c) To qualify for placement on the centralized list, an applicant
shall do all of the following:

(1) Possess a valid federal firearms license pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code as a dealer, importer, or manufacturer of firearms.

(2) Possess a current, valid certificate of eligibility pursuant to
Section 26710.

(3) Maintain with the department a signed declaration
enumerating the applicant’s statutory exemptions from licensing
requirements of Section 26500.

begin insert

(d) The Department of Justice shall comply with Section 16030
in reviewing and approving an application to be placed on the
centralized list pursuant to this section.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 29050 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

29050.  

(a) The Department of Justice shall accept applications
for, and shall grant licenses permitting, the manufacture of firearms
within this state.

(b) No license shall be granted by the department unless and
until the applicant presents proof that the applicant has all of the
following:

(1) A valid license to manufacture firearms issued pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.

(2) Any regulatory or business license required by local
government.

(3) A valid seller’s permit or resale certificate issued by the
State Board of Equalization, if applicable.

(4) A certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.

(c) A license granted by the department shall be valid for no
more than one year from the date of issuance and shall be in the
form prescribed by the Attorney General.

(d) The department shall inform applicants who are denied
licenses of the reasons for the denial in writing.

begin insert

(e) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a license pursuant
to this section.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 29060 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

29060.  

(a) Except as otherwise provided in subdivisions (a)
and (b) of Section begin delete 20965, end delete begin insert 29065 end insert the Department of Justice shall
maintain a centralized list of all persons licensed pursuant to
subdivision (b) of Section 29050.

(b) The centralized list shall be provided annually to each police
department and county sheriff within the state.

begin insert

(c) If the Department of Justice authorizes a person to apply to
be on the centralized list described in subdivision (a), the
department shall comply with Section 16030 in reviewing and
approving that application.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 29500 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

29500.  

Any person who is at least 21 years of age may apply
for an entertainment firearms permit from the Department of
Justice. An entertainment firearms permit authorizes the
permitholder to possess firearms loaned to the permitholder for
use solely as a prop in a motion picture, television, video, theatrical,
or other entertainment production or event. begin insert The Department of
Justice shall comply with Section 16030 in reviewing and
approving an application for a permit pursuant to this section. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 30105 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

30105.  

(a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the personal
information required by Section 28160 begin delete or 28165 end delete , as applicable,
but not any information regarding any firearm, to the department,
in an application specified by the department. begin insert The Department of
Justice shall comply with Section 16030 in reviewing and
performing a firearms eligibility check pursuant to this section. end insert

(b) The department shall charge a fee of twenty dollars ($20)
for performing the eligibility check authorized by this section, but
not to exceed the actual processing costs of the department. After
the department establishes fees sufficient to reimburse the
department for processing costs, fees charged may increase at a
rate not to exceed the legislatively approved cost-of-living
adjustment for the department’s budget or as otherwise increased
through the Budget Act.

(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any licensed
California Notary Public, and submit it by mail to the department.

(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:

(1) Examine its records, and the records it is authorized to
request from the State Department of State Hospitals pursuant to
Section 8104 of the Welfare and Institutions Code, to determine
if the purchaser is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.

(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department’s
notification shall state either “eligible to possess firearms as of the
date the check was completed” or “ineligible to possess firearms
as of the date the check was completed.”

(e) If the department determines that the information submitted
to it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the department
shall not be required to perform the firearms eligibility check.

(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department’s Internet Web site.

(g) The department shall be immune from any liability arising
out of the performance of the firearms eligibility check, or any
reliance upon the firearms eligibility check.

(h) No person or agency may require or request another person
to obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.

(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:

“No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor.”

“If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as required
by law, a waiting period and background check are both required.”

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 31000 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

31000.  

(a) Any person who lawfully acquired an assault
weapon before June 1, 1989, or a .50 BMG rifle before January
1, 2005, and wishes to use it in a manner different than specified
in Section 30945 shall first obtain a permit from the Department
of Justice in the same manner as specified in Article 3
(commencing with Section 32650) of Chapter 6.

(b) Any person who lawfully acquired an assault weapon
between June 1, 1989, and January 1, 1990, and wishes to keep it
after January 1, 1990, shall first obtain a permit from the
Department of Justice in the same manner as specified in Article
3 (commencing with Section 32650) of Chapter 6.

(c) Any person who wishes to acquire an assault weapon after
January 1, 1990, or a .50 BMG rifle after January 1, 2005, shall
first obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650)
of Chapter 6.

(d) On and after January 1, 2014, no partnership, corporation,
limited liability company, association, or any other group or entity,
regardless of how the entity was created, may be issued a permit
to begin delete posses end delete begin insert possess end insert an assault weapon or a .50 BMG rifle.

begin insert

(e) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a permit pursuant
to this section.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 31005 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

31005.  

(a) The Department of Justice may, upon a finding of
good cause, issue permits for the manufacture or sale of assault
weapons or .50 BMG rifles for the sale to, purchase by, or
possession of assault weapons or .50 BMG rifles by, any of the
following:

(1) The agencies listed in Section 30625, and the officers
described in Section 30630.

(2) Entities and persons who have been issued permits pursuant
to this section or Section 31000.

(3) Federal law enforcement and military agencies.

(4) Law enforcement and military agencies of other states.

(5) Foreign governments and agencies approved by the United
States State Department.

(6) Entities outside the state who have, in effect, a federal
firearms dealer’s license solely for the purpose of distribution to
an entity listed in paragraphs (3) to (5), inclusive.

(b) Application for the permits, the keeping and inspection
thereof, and the revocation of permits shall be undertaken in the
same manner as specified in Article 3 (commencing with Section
32650) of Chapter 6.

begin insert

(c) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a permit pursuant
to this section.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 31320 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

31320.  

(a) Any person engaged in the manufacture or sale of
body armor may apply to the Department of Justice for certification
that a particular type of body armor manufactured or sold by that
person is acceptable.

(b) The applicant shall reimburse the state for any actual
expenses incurred by the state in testing and certifying a particular
type of body armor.

begin insert

(c) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for certification
pursuant to this section.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 31635 of the end insert begin insert Penal Code end insert begin insert , as added by Section
24 of Chapter 761 of the Statutes of 2013, is amended to read: end insert

31635.  

(a) The department shall prescribe a minimum level
of skill, knowledge, and competency to be required of all firearm
safety certificate instructors. begin insert The Department of Justice shall
comply with Section 16030 in reviewing and certifying a firearm
safety instructor pursuant to this section. end insert

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

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

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

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

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

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

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

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

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

begin delete

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

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 32010 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32010.  

(a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state,
imported into the state for sale, kept for sale, or offered or exposed
for sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable
of being concealed upon the person meets or exceeds the standards
defined in Section 31910.

(b) On or before October 1, 2000, the Department of Justice
shall certify laboratories to verify compliance with the standards
defined in Section 31910. The department may charge any
laboratory that is seeking certification to test any pistol, revolver,
or other firearm capable of being concealed upon the person
pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding
the costs of certification. begin insert The Department of Justice shall comply
with Section 16030 in reviewing and certifying laboratories
pursuant to this section. end insert

(c) The certified testing laboratory shall, at the manufacturer’s
or importer’s expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department’s determination as to
whether the firearm tested may be sold in this state.

(d) (1) Commencing January 1, 2006, no center-fire
semiautomatic pistol may be submitted for testing pursuant to
Sections 31900 to 32110, inclusive, if it does not have either a
chamber load indicator, or a magazine disconnect mechanism if
it has a detachable magazine.

(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it does not have both a chamber load indicator
and a magazine disconnect mechanism.

(3) Commencing January 1, 2006, no rimfire semiautomatic
pistol may be submitted for testing pursuant to Sections 31900 to
32110, inclusive, if it has a detachable magazine, and does not
have a magazine disconnect mechanism.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 32315 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32315.  

Upon a showing that good cause exists, the Department
of Justice may issue permits for the possession, transportation, or
sale between a person licensed pursuant to Sections 26700 to
26915, inclusive, and an out-of-state client, of large-capacity
magazines. begin insert The Department of Justice shall comply with Section
16030 in reviewing and approving an application for a permit
pursuant to this section. end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 32650 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32650.  

(a) The Department of Justice may issue permits for
the possession, manufacture, and transportation or possession,
manufacture, or transportation of machineguns, upon a satisfactory
showing that good cause exists for the issuance of the permit to
the applicant. No permit shall be issued to a person who is under
18 years of age.

(b) A permit for possession issued pursuant to this section may
only be issued to an individual, and may not be issued to a
partnership, corporation, limited liability company, association,
or any other group or entity, regardless of how that entity was
created.

begin insert

(c) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a permit pursuant
to this section.

end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 32700 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32700.  

begin insert (a) end insert begin insert   end insert The Department of Justice may grant a license to
permit the sale of machineguns at the place specified in the license,
subject to all of the following conditions:

begin delete

(a)

end delete

begin insert (1) end insert  The business shall be carried on only in the place designated
in the license.

begin delete

(b)

end delete

begin insert (2) end insert  The license or a certified copy of the license must be
displayed on the premises in a place where it may easily be read.

begin delete

(c)

end delete

begin insert (3) end insert  No machinegun shall be delivered to any person not
authorized to receive the machinegun under the provisions of this
chapter.

begin delete

(d)

end delete

begin insert (4) end insert  A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser’s permit,
if any, and the signature of the purchaser or purchasing agent. This
record shall be open to the inspection of any peace officer or other
person designated by the Attorney General.

begin insert

(b) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a license pursuant
to this section.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 33300 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

33300.  

(a) Upon a showing that good cause exists for issuance
of a permit to the applicant, and if the Department of Justice finds
that issuance of the permit does not endanger the public safety,
the department may issue a permit for the manufacture, possession,
importation, transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid for a
period of one year, and renewable annually thereafter. No permit
shall be issued to a person who is under 18 years of age.

(b) Good cause, for the purposes of this section, shall be limited
to only the following:

(1) The permit is sought for the manufacture, possession,
importation, or use with blank cartridges, of a short-barreled rifle
or short-barreled shotgun, solely as a prop for a motion picture,
television, or video production or entertainment event.

(2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities listed
in Section 33220 by persons who are licensed as dealers or
manufacturers under the provisions of Chapter 53 (commencing
with Section 5801) of Title 26 of the United States Code, as
amended, and the regulations issued pursuant thereto.

begin insert

(c) The Department of Justice shall comply with Section 16030
in reviewing and approving an application for a permit pursuant
to this section.

end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 33850 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

33850.  

(a) Any person who claims title to any firearm that is
in the custody or control of a court or law enforcement agency and
who wishes to have the firearm returned shall make application
for a determination by the Department of Justice as to whether the
applicant is eligible to possess a firearm. begin insert The Department of Justice
shall comply with Section 16030 in reviewing and approving an
application for a determination pursuant to this section. end insert The
application shall include the following:

(1) The applicant’s name, date and place of birth, gender,
telephone number, and complete address.

(2) Whether the applicant is a United States citizen. If the
applicant is not a United States citizen, the application shall also
include the applicant’s country of citizenship and the applicant’s
alien registration or I-94 number.

(3) If the firearm is a handgun, and commencing January 1,
2014, any firearm, the firearm’s make, model, caliber, barrel length,
handgun type, country of origin, and serial number, provided,
however, that if the firearm is not a handgun and does not have a
serial number, identification number, or identification mark
assigned to it, there shall be a place on the application to note that
fact.

(4) For residents of California, the applicant’s valid California
driver’s license number or valid California identification card
number issued by the Department of Motor Vehicles. For
nonresidents of California, a copy of the applicant’s military
identification with orders indicating that the individual is stationed
in California, or a copy of the applicant’s valid driver’s license
from the applicant’s state of residence, or a copy of the applicant’s
state identification card from the applicant’s state of residence.
Copies of the documents provided by non-California residents
shall be notarized.

(5) The name of the court or law enforcement agency holding
the firearm.

(6) The signature of the applicant and the date of signature.

(7) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly
omitting any information required to be provided for the
application, including any notarized information pursuant to
paragraph (4), shall be guilty of a misdemeanor.

(b) A person who owns a firearm that is in the custody of a court
or law enforcement agency and who does not wish to obtain
possession of the firearm, and the firearm is an otherwise legal
firearm, and the person otherwise has right to title of the firearm,
shall be entitled to sell or transfer title of the firearm to a licensed
dealer.

(c) Any person furnishing a fictitious name or address, or
knowingly furnishing any incorrect information or knowingly
omitting any information required to be provided for the
application, including any notarized information pursuant to
paragraph (4) of subdivision (a), is punishable as a misdemeanor.