Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 462


Introduced by Assembly Member Grove

February 23, 2015


An act to amendbegin delete Section 26815end deletebegin insert Sections 26805, 26815, 27540, and 28220end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 462, as amended, Grove. Firearms: waiting period.

begin insert

Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm.

end insert
begin insert

This bill would provide that if the person is determined by the department not to be prohibited from possessing, receiving, owning, or purchasing a firearm, and the person possesses a firearm as confirmed by the Automated Firearms System (AFS), is authorized to carry a concealed firearm, or possesses a valid Certificate of Eligibility and a firearm as confirmed by the AFS, the department shall immediately notify the dealer who shall immediately release the firearm to the person and not wait the full 10 days to do so.

end insert
begin delete

Existing law prohibits the delivery of a firearm within 10 days of an application to purchase, or, after notice by the Department of Justice, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of a required fee, whichever is later.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature in enacting this
2act to codify the holding of the United States District Court,
3Eastern District of California in Silvester v. Harris (2014) 41 Supp.
43rd 927, by removing the 10-day waiting period on the delivery
5of a firearm for persons who already possess a firearm as
6confirmed by the Automated Firearms System (AFS), are
7authorized to carry concealed firearms, or possess a valid
8Certificate of Eligibility and a firearm as confirmed by the AFS.end insert

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 26805 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

10

26805.  

(a) Except as provided in subdivisions (b) and (c), the
11business of a licensee shall be conducted only in the buildings
12designated in the license.

13(b) (1) A person licensed pursuant to Sections 26700 and 26705
14may take possession of firearms and commence preparation of
15registers for the sale, delivery, or transfer of firearms at any gun
16show or event, as defined in Section 478.100 of Title 27 of the
17Code of Federal Regulations, or its successor, if the gun show or
18event is not conducted from any motorized or towed vehicle. A
19person conducting business pursuant to this subdivision shall be
20entitled to conduct business as authorized herein at any gun show
21or event in the state, without regard to the jurisdiction within this
22state that issued the license pursuant to Sections 26700 and 26705,
23provided the person complies with all applicable laws, including,
24but not limited to, the waiting period specified inbegin delete subdivision (a)
25ofend delete
Section 26815, and all applicable local laws, regulations, and
26fees, if any.

27(2) A person conducting business pursuant to this subdivision
28shall publicly display the person’s license issued pursuant to
29Sections 26700 and 26705, or a facsimile thereof, at any gun show
30or event, as specified in this subdivision.

P3    1(c) (1) A person licensed pursuant to Sections 26700 and 26705
2may engage in the sale and transfer of firearms other than
3handguns, at events specified in Sections 26955, 27655, 27900,
4and 27905, subject to the prohibitions and restrictions contained
5in those sections.

6(2) A person licensed pursuant to Sections 26700 and 26705
7may also accept delivery of firearms other than handguns, outside
8the building designated in the license, provided the firearm is being
9donated for the purpose of sale or transfer at an auction or similar
10event specified in Section 27900.

11(d) The firearm may be delivered to the purchaser, transferee,
12or person being loaned the firearm at one of the following places:

13(1) The building designated in the license.

14(2) The places specified in subdivision (b) or (c).

15(3) The place of residence of, the fixed place of business of, or
16on private property owned or lawfully possessed by, the purchaser,
17transferee, or person being loaned the firearm.

18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 26815 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

19

26815.  

begin deleteNo end deletebegin insert(a)end insertbegin insertend insertbegin insertA end insertfirearm shallbegin insert notend insert be delivered:

begin delete

20(a)

end delete

21begin insert(1)end insert Within 10 days of the application to purchase, or, after notice
22by the department pursuant to Section 28220, within 10 days of
23the submission to the department of any correction to the
24application, or within 10 days of the submission to the department
25of any fee required pursuant to Section 28225, whichever is later.

begin delete

26(b)

end delete

27begin insert(2)end insert Unless unloaded and securely wrapped or unloaded and in
28a locked container.

29begin delete(c)end delete Unless the purchaser, transferee, or person being loaned the
30firearm presents clear evidence of the person’s identity and age to
31the dealer.

begin delete

32(d)

end delete

33begin insert(3)end insert Whenever the dealer is notified by the Department of Justice
34that the person is prohibited by state or federal law from processing,
35owning, purchasing, or receiving a firearm. The dealer shall make
36available to the person in the prohibited class a prohibited notice
37and transfer form, provided by the department, stating that the
38person is prohibited from owning or possessing a firearm, and that
39the person may obtain from the department the reason for the
40prohibition.

begin insert

P4    1(b) Notwithstanding paragraph (1) of subdivision (a), if the
2person is determined, pursuant to Section 28220, not to be
3prohibited from possessing, receiving, owning, or purchasing a
4firearm, and the person possesses a firearm as confirmed by the
5Automated Firearms System (AFS), is authorized to carry a
6concealed firearm, or possesses a valid Certificate of Eligibility
7and a firearm as confirmed by the AFS, the dealer shall
8immediately release the firearm to the person and not wait the full
910 days to do so.

end insert
10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 27540 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

27540.  

begin insert(a)end insertbegin insertend insertA dealer, whether or not acting pursuant to Chapter
125 (commencing with Section 28050), shall not deliver a firearm
13to a person, as follows:

begin delete

14(a)

end delete

15begin insert(1)end insert Within 10 days of the application to purchase, or, after notice
16by the department pursuant to Section 28220, within 10 days of
17the submission to the department of any correction to the
18application, or within 10 days of the submission to the department
19of any fee required pursuant to Section 28225, whichever is later.

begin delete

20(b)

end delete

21begin insert(2)end insert Unless unloaded and securely wrapped or unloaded and in
22a locked container.

begin delete

23(c)

end delete

24begin insert(3)end insert Unless the purchaser, transferee, or person being loaned the
25firearm presents clear evidence of the person’s identity and age to
26the dealer.

begin delete

27(d)

end delete

28begin insert(4)end insert Whenever the dealer is notified by the Department of Justice
29that the person is prohibited by state or federal law from possessing,
30receiving, owning, or purchasing a firearm.

begin delete

31(e)

end delete

32begin insert(5)end insert A handgun shall not be delivered unless the purchaser,
33transferee, or person being loaned the handgun presents a handgun
34safety certificate. Commencing January 1, 2015, any firearm,
35including a handgun, shall not be delivered unless the purchaser,
36transferee, or person being loaned the firearm presents a firearm
37safety certificate to the dealer, except that in the case of a handgun,
38an unexpired handgun safety certificate may be presented.

begin delete

39(f)

end delete

P5    1begin insert(6)end insert A handgun shall not be delivered whenever the dealer is
2notified by the Department of Justice that within the preceding
330-day period the purchaser has made another application to
4purchase a handgun and that the previous application to purchase
5involved none of the entities specified in subdivision (b) of Section
627535.

begin insert

7(b) Notwithstanding paragraph (1) of subdivision (a), if the
8person is determined, pursuant to Section 28220, not to be
9prohibited from possessing, receiving, owning, or purchasing a
10firearm, and the person possesses a firearm as confirmed by the
11Automated Firearms System (AFS), is authorized to carry a
12concealed firearm, or possesses a valid Certificate of Eligibility
13and a firearm as confirmed by the AFS, the dealer shall
14immediately release the firearm to the person and not wait the full
1510 days to do so.

end insert
16begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 28220 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

17

28220.  

(a) Upon submission of firearm purchaser information,
18the Department of Justice shall examine its records, as well as
19those records that it is authorized to request from the State
20Department of State Hospitals pursuant to Section 8104 of the
21Welfare and Institutions Code, in order to determine if the
22purchaser is a person described in subdivision (a) of Section 27535,
23or is prohibited by state or federal law from possessing, receiving,
24owning, or purchasing a firearm.

25(b) To the extent that funding is available, the Department of
26Justice may participate in the National Instant Criminal Background
27Check System (NICS), as described in subsection (t) of Section
28922 of Title 18 of the United States Code, and, if that participation
29is implemented, shall notify the dealer and the chief of the police
30department of the city or city and county in which the sale was
31made, or if the sale was made in a district in which there is no
32municipal police department, the sheriff of the county in which
33the sale was made, that the purchaser is a person prohibited from
34acquiring a firearm under federal law.

35(c) begin insert(1)end insertbegin insertend insertIf the department determines that the purchaser is
36prohibited by state or federal law from possessing, receiving,
37owning, or purchasing a firearm or is a person described in
38subdivision (a) of Section 27535, it shall immediately notify the
39dealer and the chief of the police department of the city or city and
40county in which the sale was made, or if the sale was made in a
P6    1district in which there is no municipal police department, the sheriff
2of the county in which the sale was made, of that fact.

begin insert

3(2) If the department determines that the purchaser is not
4prohibited by state or federal law from possessing, receiving,
5owning, or purchasing a firearm and that the person is not
6prohibited from purchasing a firearm as described in subdivision
7(a) of Section 27535, and the person possesses a firearm as
8confirmed by the Automated Firearms System (AFS), is authorized
9to carry a concealed firearm, or possesses a valid Certificate of
10Eligibility and a firearm as confirmed by the AFS, the department
11shall immediately notify the dealer who shall immediately release
12the firearm to the person and not wait the full 10 days otherwise
13required by Sections 26815 and 27540 to do so.

end insert

14(d) If the department determines that the copies of the register
15submitted to it pursuant to subdivision (d) of Section 28210 contain
16any blank spaces or inaccurate, illegible, or incomplete information,
17preventing identification of the purchaser or the handgun or other
18firearm to be purchased, or if any fee required pursuant to Section
1928225 is not submitted by the dealer in conjunction with
20submission of copies of the register, the department may notify
21the dealer of that fact. Upon notification by the department, the
22dealer shall submit corrected copies of the register to the
23department, or shall submit any fee required pursuant to Section
2428225, or both, as appropriate and, if notification by the department
25is received by the dealer at any time prior to delivery of the firearm
26to be purchased, the dealer shall withhold delivery until the
27conclusion of the waiting period described in Sections 26815 and
2827540.

29(e) If the department determines that the information transmitted
30to it pursuant to Section 28215 contains inaccurate or incomplete
31information preventing identification of the purchaser or the
32handgun or other firearm to be purchased, or if the fee required
33pursuant to Section 28225 is not transmitted by the dealer in
34conjunction with transmission of the electronic or telephonic
35record, the department may notify the dealer of that fact. Upon
36notification by the department, the dealer shall transmit corrections
37to the record of electronic or telephonic transfer to the department,
38or shall transmit any fee required pursuant to Section 28225, or
39both, as appropriate, and if notification by the department is
40received by the dealer at any time prior to delivery of the firearm
P7    1to be purchased, the dealer shall withhold delivery until the
2conclusion of the waiting period described in Sections 26815 and
327540.

4(f) (1) (A) The department shall immediately notify the dealer
5to delay the transfer of the firearm to the purchaser if the records
6of the department, or the records available to the department in
7the National Instant Criminal Background Check System, indicate
8one of the following:

9(i) The purchaser has been taken into custody and placed in a
10facility for mental health treatment or evaluation and may be a
11person described in Section 8100 or 8103 of the Welfare and
12Institutions Code and the department is unable to ascertain whether
13the purchaser is a person who is prohibited from possessing,
14receiving, owning, or purchasing a firearm, pursuant to Section
158100 or 8103 of the Welfare and Institutions Code, prior to the
16conclusion of the waiting period described in Sections 26815 and
1727540.

18(ii) The purchaser has been arrested for, or charged with, a crime
19that would make him or her, if convicted, a person who is
20prohibited by state or federal law from possessing, receiving,
21owning, or purchasing a firearm, and the department is unable to
22ascertain whether the purchaser was convicted of that offense prior
23to the conclusion of the waiting period described in Sections 26815
24and 27540.

25(iii) The purchaser may be a person described in subdivision
26(a) of Section 27535, and the department is unable to ascertain
27whether the purchaser, in fact, is a person described in subdivision
28(a) of Section 27535, prior to the conclusion of the waiting period
29described in Sections 26815 and 27540.

30(B) The dealer shall provide the purchaser with information
31about the manner in which he or she may contact the department
32regarding the delay described in subparagraph (A).

33(2) The department shall notify the purchaser by mail regarding
34the delay and explain the process by which the purchaser may
35obtain a copy of the criminal or mental health record the
36department has on file for the purchaser. Upon receipt of that
37criminal or mental health record, the purchaser shall report any
38inaccuracies or incompleteness to the department on an approved
39form.

P8    1(3) If the department ascertains the final disposition of the arrest
2or criminal charge, or the outcome of the mental health treatment
3or evaluation, or the purchaser’s eligibility to purchase a firearm,
4as described in paragraph (1), after the waiting period described
5in Sections 26815 and 27540, but within 30 days of the dealer’s
6original submission of the purchaser information to the department
7pursuant to this section, the department shall do the following:

8(A) If the purchaser is not a person described in subdivision (a)
9of Section 27535, and is not prohibited by state or federal law,
10including, but not limited to, Section 8100 or 8103 of the Welfare
11and Institutions Code, from possessing, receiving, owning, or
12purchasing a firearm, the department shall immediately notify the
13dealer of that fact and the dealer may then immediately transfer
14the firearm to the purchaser, upon the dealer’s recording on the
15register or record of electronic transfer the date that the firearm is
16transferred, the dealer signing the register or record of electronic
17transfer indicating delivery of the firearm to that purchaser, and
18the purchaser signing the register or record of electronic transfer
19acknowledging the receipt of the firearm on the date that the
20firearm is delivered to him or her.

21(B) If the purchaser is a person described in subdivision (a) of
22Section 27535, or is prohibited by state or federal law, including,
23but not limited to, Section 8100 or 8103 of the Welfare and
24Institutions Code, from possessing, receiving, owning, or
25purchasing a firearm, the department shall immediately notify the
26dealer and the chief of the police department in the city or city and
27county in which the sale was made, or if the sale was made in a
28district in which there is no municipal police department, the sheriff
29of the county in which the sale was made, of that fact in compliance
30with subdivision (c) of Section 28220.

31(4) If the department is unable to ascertain the final disposition
32of the arrest or criminal charge, or the outcome of the mental health
33treatment or evaluation, or the purchaser’s eligibility to purchase
34a firearm, as described in paragraph (1), within 30 days of the
35dealer’s original submission of purchaser information to the
36department pursuant to this section, the department shall
37immediately notify the dealer and the dealer may then immediately
38transfer the firearm to the purchaser, upon the dealer’s recording
39on the register or record of electronic transfer the date that the
40firearm is transferred, the dealer signing the register or record of
P9    1 electronic transfer indicating delivery of the firearm to that
2purchaser, and the purchaser signing the register or record of
3electronic transfer acknowledging the receipt of the firearm on the
4date that the firearm is delivered to him or her.

begin delete
5

SECTION 1.  

Section 26815 of the Penal Code is amended to
6read:

7

26815.  

A firearm shall not be delivered:

8(a) Within 10 days of the application to purchase, or, after notice
9by the department pursuant to Section 28220, within 10 days of
10the submission to the department of any correction to the
11application, or within 10 days of the submission to the department
12of any fee required pursuant to Section 28225, whichever is later.

13(b) Unless unloaded and securely wrapped or unloaded and in
14a locked container.

15(c) Unless the purchaser, transferee, or person being loaned the
16firearm presents clear evidence of the person’s identity and age to
17the dealer.

18(d) Whenever the dealer is notified by the Department of Justice
19that the person is prohibited by state or federal law from processing,
20owning, purchasing, or receiving a firearm. The dealer shall make
21available to the person in the prohibited class a prohibited notice
22and transfer form, provided by the department, stating that the
23person is prohibited from owning or possessing a firearm, and that
24the person may obtain the reason for the prohibition from the
25department.

end delete


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