California Legislature—2015–16 Regular Session

Assembly Bill No. 1674

Introduced by Assembly Member Santiago

January 19, 2016

An act to amend Sections 26835, 27535, 27540, and 27590 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1674, as introduced, Santiago. Firearms: waiting period.

Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Violation of that prohibition is a crime. Existing law exempts from that prohibition a firearms transaction where neither of the parties is a firearms dealer if the transaction is completed through a dealer. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime.

This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would delete the private party transaction exemption to the 30-day prohibition. The bill would make additional conforming changes and technical, nonsubstantive changes.

By expanding the scope of existing crimes, this bill would impose a state-mandated local program.

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 26835 of the Penal Code is amended to
read:

26835.  

A licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:

 

(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
MISDEMEANOR OR A FELONY UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER OR LOCKED
THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
FROM TEMPORARILY FUNCTIONING.”

(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE
PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
GAINS ACCESS TO THE FIREARM, AND CARRIES IT
OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING.”

(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE.”

(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE.”

(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
AREAS, CLEANING FIREARMS, OR HANDLING
AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
WASH HANDS THOROUGHLY AFTER EXPOSURE.”

(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
DAYS AFTER YOU COMPLETE THE INITIAL
BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
TO GO THROUGH THE BACKGROUND CHECK PROCESS
A SECOND TIME IN ORDER TO TAKE PHYSICAL
POSSESSION OF THAT FIREARM.”

(g) “NO PERSON SHALL MAKE AN APPLICATION TO
PURCHASE MORE THAN ONE begin delete PISTOL, REVOLVER, OR
OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON end delete begin insert FIREARM end insert WITHIN ANY 30-DAY PERIOD AND
NO DELIVERY SHALL BE MADE TO ANY PERSON WHO
HAS MADE AN APPLICATION TO PURCHASE MORE THAN
ONE begin delete PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE
OF BEING CONCEALED UPON THE PERSON end delete begin insert FIREARM end insert
WITHIN ANY 30-DAY PERIOD.”

 

SEC. 2.  

Section 27535 of the Penal Code is amended to read:

27535.  

(a)  begin delete No end delete begin insert A end insert begin insert end insert person shall begin insert not end insert make an application to
purchase more than one begin delete handgun end delete begin insert firearm end insert within any 30-day period.

(b) Subdivision (a) begin delete shall end delete begin insert does end insert not apply to any of the following:

(1) Any law enforcement agency.

(2) Any agency duly authorized to perform law enforcement
duties.

(3) Any state or local correctional facility.

(4) Any private security company licensed to do business in
California.

(5) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and begin delete does end delete begin insert does, end insert
carry a firearm during the course and scope of employment as a
peace officer.

(6) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its
nature involves the use of a firearm.

(7) Any person who may, pursuant to Article 2 (commencing
with Section 27600), Article 3 (commencing with Section 27650),
or Article 4 (commencing with Section 27700), claim an exemption
from the waiting period set forth in Section 27540.

begin delete

(8) Any transaction conducted through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050).

end delete begin delete

(9)

end delete

begin insert (8 end insert begin insert ) end insert  Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, and has a current
certificate of eligibility issued by the Department of Justice
pursuant to Article 1 (commencing with Section 26700) of Chapter
2.

begin delete

(10)

end delete

begin insert (9) end insert  The exchange of a begin delete handgun end delete begin insert firearm end insert where the dealer
purchased that firearm from the person seeking the exchange within
the 30-day period immediately preceding the date of exchange or
replacement.

begin delete

(11)

end delete

begin insert (10) end insert  The replacement of a begin delete handgun end delete begin insert firearm end insert when the person’s
begin delete handgun end delete begin insert firearm end insert was lost or stolen, and the person reported that
firearm lost or stolen prior to the completion of the application to
purchase to any local law enforcement agency of the city, county,
or city and county in which the person resides.

begin delete

(12)

end delete

begin insert (11) end insert  The return of any begin delete handgun end delete begin insert firearm end insert to its owner.

begin delete

(13)

end delete

begin insert (12) end insert  A community college that is certified by the Commission
on Peace Officer Standards and Training to present the law
enforcement academy basic course or other commission-certified
law enforcement training.

SEC. 3.  

Section 27540 of the Penal Code is amended to read:

27540.  

A dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall not deliver a firearm to
a person, as follows:

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

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

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

(d)  Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.

(e)  A handgun shall not be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate. Commencing January 1, 2015, any firearm,
including a handgun, shall not be delivered unless the purchaser,
transferee, or person being loaned the firearm presents a firearm
safety certificate to the dealer, except that in the case of a handgun,
an unexpired handgun safety certificate may be presented.

(f)  A begin delete handgun end delete begin insert firearm end insert shall not be delivered whenever the
dealer is notified by the Department of Justice that within the
preceding 30-day period the purchaser has made another
application to purchase a begin delete handgun end delete begin insert firearm end insert and that the previous
application to purchase begin delete involved none end delete begin insert did not involve any end insert of the
entities begin insert or circumstances end insert specified in subdivision (b) of Section
27535.

SEC. 4.  

Section 27590 of the Penal Code is amended to read:

27590.  

(a) Except as provided in subdivision (b), (c), or (e),
a violation of this article is a misdemeanor.

(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four begin delete years. end delete begin insert years: end insert

(1) If the violation is of subdivision (a) of Section 27500.

(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
when it was repealed by Section 18 of Chapter 23 of the Statutes
of 1994, or Section 8101 of the Welfare and Institutions Code.

(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section
32625 or 33410, or of former Section 12560, as that section read
at any time from when it was enacted by Section 4 of Chapter 931
of the Statutes of 1965 to when it was repealed by Section 14 of
Chapter 9 of the Statutes of 1990, or of any provision listed in
Section 16590.

(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 begin delete of this title end delete , or Section 8100 or
8103 of the Welfare and Institutions Code.

(5) A violation of this article by a person who actively
participates in a “criminal street gang” as defined in Section 186.22.

(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a
minor.

(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170,
or by a fine not to exceed one thousand dollars ($1,000), or by
both that fine and begin delete imprisonment. end delete begin insert imprisonment: end insert

(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.

(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.

(3) A violation of Section 27510 involving the delivery of a
handgun.

(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
27540 involving a handgun.

(5) A violation of Section 27545 involving a handgun.

(6) A violation of Section 27550.

(7) A violation of Section 27585 involving a handgun.

(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170
for one, two, or three years shall be imposed in addition and
consecutive to the sentence begin delete prescribed. end delete begin insert prescribed: end insert

(1) A violation of Section 27510 or subdivision (b) of Section
27500.

(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.

(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).

(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).

(3) A third or subsequent violation of Section 27535 is a
misdemeanor.

(4) For purposes of this subdivision each application to purchase
a begin delete handgun end delete begin insert firearm end insert in violation of Section 27535 shall be deemed
a separate offense.

SEC. 5.  

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.