Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1674


Introduced by Assembly Member Santiago

begin insert

(Coauthor: Assembly Member Chiu)

end insert
begin insert

(Coauthor: Senator Leno)

end insert

January 19, 2016


An act to amend Sections begin insert11106, end insert26835, 27535, 27540,begin delete and 27590 ofend deletebegin insert 27585, 27590, and 27875 of, and to add Section 27877 to,end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1674, as amended, Santiago. Firearms:begin delete waiting period.end deletebegin insert transfers.end insert

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.

begin insert

Existing law, if certain requirements are met, exempts certain transfers of firearms, including, among others, the inheritance of a firearm by a surviving spouse and the transfer resulting from a bequest between immediate family members, from the requirement of being processed by a firearms dealer and from being subject to certain restrictions on the importation of firearms.

end insert
begin insert

This bill would recast some of those provisions to exempt from that requirement and those restrictions, any person acquiring ownership of firearms by bequest or intestate succession, if certain requirements are met. The bill would make additional conforming changes.

end insert

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11106 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

11106.  

(a) (1) In order to assist in the investigation of crime,
4the prosecution of civil actions by city attorneys pursuant to
5paragraph (3) of subdivision (b), the arrest and prosecution of
6criminals, and the recovery of lost, stolen, or found property, the
7Attorney General shall keep and properly file a complete record
8of all of the following:

9(A) All copies of fingerprints.

10(B) Copies of licenses to carry firearms issued pursuant to
11Section 26150, 26155, 26170, or 26215.

12(C) Information reported to the Department of Justice pursuant
13to Section 26225, 27875,begin insert 27877,end insert 27920, or 29830.

14(D) Dealers’ records of sales of firearms.

15(E) Reports provided pursuant to Article 1 (commencing with
16Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
17pursuant to any provision listed in subdivision (a) of Section 16585.

P3    1(F) Forms provided pursuant to Section 12084, as that section
2read prior to being repealed on January 1, 2006.

3(G) Reports provided pursuant to Article 1 (commencing with
4Section 26700) and Article 2 (commencing with Section 26800)
5of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
6records of sales of firearms.

7(H) Information provided pursuant to Section 28255.

8(I) Reports of stolen, lost, found, pledged, or pawned property
9in any city or county of this state.

10(2) The Attorney General shall, upon proper application therefor,
11furnish the information to the officers referred to in Section 11105.

12(b) (1) The Attorney General shall permanently keep and
13properly file and maintain all information reported to the
14Department of Justice pursuant to the following provisions as to
15firearms and maintain a registry thereof:

16(A) Article 1 (commencing with Section 26700) and Article 2
17(commencing with Section 26800) of Chapter 2 of Division 6 of
18Title 4 of Part 6.

19(B) Article 1 (commencing with Section 27500) of Chapter 4
20of Division 6 of Title 4 of Part 6.

21(C) Chapter 5 (commencing with Section 28050) of Division 6
22of Title 4 of Part 6.

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

24(E) Former Section 12084.

25(F) Section 28255.

26(G) Any other law.

27(2) The registry shall consist of all of the following:

28(A) The name, address, identification of, place of birth (state
29or country), complete telephone number, occupation, sex,
30description, and all legal names and aliases ever used by the owner
31or person being loaned the particular firearm as listed on the
32information provided to the department on the Dealers’ Record of
33Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
34in former Section 12084, or reports made to the department
35pursuant to any provision listed in subdivision (a) of Section 16585,
36Section 28255, or any other law.

37(B) The name and address of, and other information about, any
38person (whether a dealer or a private party) from whom the owner
39acquired or the person being loaned the particular firearm and
40when the firearm was acquired or loaned as listed on the
P4    1information provided to the department on the Dealers’ Record of
2Sale, the LEFT, or reports made to the department pursuant to any
3provision listed in subdivision (a) of Section 16585 or any other
4law.

5(C) Any waiting period exemption applicable to the transaction
6which resulted in the owner of or the person being loaned the
7particular firearm acquiring or being loaned that firearm.

8(D) The manufacturer’s name if stamped on the firearm, model
9name or number if stamped on the firearm, and, if applicable, the
10serial number, other number (if more than one serial number is
11stamped on the firearm), caliber, type of firearm, if the firearm is
12new or used, barrel length, and color of the firearm, or, if the
13firearm is not a handgun and does not have a serial number or any
14identification number or mark assigned to it, that shall be noted.

15(3) Information in the registry referred to in this subdivision
16shall, upon proper application therefor, be furnished to the officers
17referred to in Section 11105, to a city attorney prosecuting a civil
18action, solely for use in prosecuting that civil action and not for
19any other purpose, or to the person listed in the registry as the
20owner or person who is listed as being loaned the particular firearm.

21(4) If any person is listed in the registry as the owner of a firearm
22through a Dealers’ Record of Sale prior to 1979, and the person
23listed in the registry requests by letter that the Attorney General
24store and keep the record electronically, as well as in the record’s
25existing photographic, photostatic, or nonerasable optically stored
26form, the Attorney General shall do so within three working days
27of receipt of the request. The Attorney General shall, in writing,
28and as soon as practicable, notify the person requesting electronic
29storage of the record that the request has been honored as required
30by this paragraph.

31(c) (1) If the conditions specified in paragraph (2) are met, any
32officer referred to in paragraphs (1) to (6), inclusive, of subdivision
33(b) of Section 11105 may disseminate the name of the subject of
34the record, the number of the firearms listed in the record, and the
35description of any firearm, including the make, model, and caliber,
36from the record relating to any firearm’s sale, transfer, registration,
37or license record, or any information reported to the Department
38of Justice pursuant to any of the following:

39(A) Section 26225, 27875,begin insert 27877,end insert or 27920.

P5    1(B) Article 1 (commencing with Section 26700) and Article 2
2(commencing with Section 26800) of Chapter 2 of Division 6 of
3Title 4 of Part 6.

4(C) Article 1 (commencing with Section 27500) of Chapter 4
5of Division 6 of Title 4 of Part 6.

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

8(E) Article 2 (commencing with Section 28150) of Chapter 6
9of Division 6 of Title 4 of Part 6.

10(F) Article 5 (commencing with Section 30900) of Chapter 2
11of Division 10 of Title 4 of Part 6.

12(G) Chapter 2 (commencing with Section 33850) of Division
1311 of Title 4 of Part 6.

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

15(2) Information may be disseminated pursuant to paragraph (1)
16only if all of the following conditions are satisfied:

17(A) The subject of the record has been arraigned for a crime in
18which the victim is a person described in subdivisions (a) to (f),
19inclusive, of Section 6211 of the Family Code and is being
20prosecuted or is serving a sentence for the crime, or the subject of
21the record is the subject of an emergency protective order, a
22temporary restraining order, or an order after hearing, which is in
23effect and has been issued by a family court under the Domestic
24Violence Protection Act set forth in Division 10 (commencing
25with Section 6200) of the Family Code.

26(B) The information is disseminated only to the victim of the
27crime or to the person who has obtained the emergency protective
28order, the temporary restraining order, or the order after hearing
29issued by the family court.

30(C) Whenever a law enforcement officer disseminates the
31information authorized by this subdivision, that officer or another
32officer assigned to the case shall immediately provide the victim
33of the crime with a “Victims of Domestic Violence” card, as
34specified in subparagraph (H) of paragraph (9) of subdivision (c)
35of Section 13701.

36(3) The victim or person to whom information is disseminated
37pursuant to this subdivision may disclose it as he or she deems
38necessary to protect himself or herself or another person from
39bodily harm by the person who is the subject of the record.

P6    1

begin deleteSECTION 1.end delete
2
begin insertSEC. 2.end insert  

Section 26835 of the Penal Code is amended to read:

3

26835.  

A licensee shall post conspicuously within the licensed
4premises the following warnings in block letters not less than one
5inch in height:

6

7(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
8PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
9A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
10USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
11IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
12MISDEMEANOR OR A FELONY UNLESS YOU STORED
13THE FIREARM IN A LOCKED CONTAINER OR LOCKED
14THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
15FROM TEMPORARILY FUNCTIONING.”

16(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
17FIREARM CAPABLE OF BEING CONCEALED UPON THE
18PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
19OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
20GAINS ACCESS TO THE FIREARM, AND CARRIES IT
21OFF-PREMISES, YOU MAY BE GUILTY OF A
22MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
23A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
24A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
25FUNCTIONING.”

26(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
27PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
28A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
29THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
30SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
31GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
32TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
33STORED THE FIREARM IN A LOCKED CONTAINER, OR
34LOCKED THE FIREARM WITH A LOCKING DEVICE.”

35(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
36LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
37CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
38YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
39GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
40TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
P7    1STORED THE FIREARM IN A LOCKED CONTAINER, OR
2LOCKED THE FIREARM WITH A LOCKING DEVICE.”

3(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
4AREAS, CLEANING FIREARMS, OR HANDLING
5AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
6SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
7REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
8INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
9WASH HANDS THOROUGHLY AFTER EXPOSURE.”

10(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
11DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
12THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
13DAYS AFTER YOU COMPLETE THE INITIAL
14BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
15TO GO THROUGH THE BACKGROUND CHECK PROCESS
16A SECOND TIME IN ORDER TO TAKE PHYSICAL
17POSSESSION OF THAT FIREARM.”

18(g) “NO PERSON SHALL MAKE AN APPLICATION TO
19PURCHASE MORE THAN ONE FIREARM WITHIN ANY
2030-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
21ANY PERSON WHO HAS MADE AN APPLICATION TO
22PURCHASE MORE THAN ONE FIREARM WITHIN ANY
2330-DAY PERIOD.”

24

25

begin deleteSEC. 2.end delete
26
begin insertSEC. 3.end insert  

Section 27535 of the Penal Code is amended to read:

27

27535.  

(a) A person shall not make an application to purchase
28more than one firearm within any 30-day period.

29(b) Subdivision (a) does not apply to any of the following:

30(1) Any law enforcement agency.

31(2) Any agency duly authorized to perform law enforcement
32duties.

33(3) Any state or local correctional facility.

34(4) Any private security company licensed to do business in
35California.

36(5) Any person who is properly identified as a full-time paid
37peace officer, as defined in Chapter 4.5 (commencing with Section
38830) of Title 3 of Part 2, and who is authorized to, and does, carry
39a firearm during the course and scope of employment as a peace
40officer.

P8    1(6) Any motion picture, television, or video production company
2or entertainment or theatrical company whose production by its
3nature involves the use of a firearm.

4(7) Any person who may, pursuant to Article 2 (commencing
5with Section 27600), Article 3 (commencing with Section 27650),
6or Article 4 (commencing with Section 27700), claim an exemption
7from the waiting period set forth in Section 27540.

8(8) Any person who is licensed as a collector pursuant to Chapter
944 (commencing with Section 921) of Title 18 of the United States
10Code and the regulations issued pursuant thereto, and has a current
11certificate of eligibility issued by the Department of Justice
12pursuant to Article 1 (commencing with Section 26700) of Chapter
132.

14(9) The exchange of a firearm where the dealer purchased that
15firearm from the person seeking the exchange within the 30-day
16period immediately preceding the date of exchange or replacement.

17(10) The replacement of a firearm when the person’s firearm
18was lost or stolen, and the person reported that firearm lost or
19stolen prior to the completion of the application to purchase to any
20local law enforcement agency of the city, county, or city and county
21in which the person resides.

22(11) The return of any firearm to its owner.

23(12) A community college that is certified by the Commission
24on Peace Officer Standards and Training to present the law
25enforcement academy basic course or other commission-certified
26law enforcement training.

27

begin deleteSEC. 3.end delete
28
begin insertSEC. 4.end insert  

Section 27540 of the Penal Code is amended to read:

29

27540.  

A dealer, whether or not acting pursuant to Chapter 5
30(commencing with Section 28050), shall not deliver a firearm to
31a person, as follows:

32(a) Within 10 days of the application to purchase, or, after notice
33by the department pursuant to Section 28220, within 10 days of
34the submission to the department of any correction to the
35application, or within 10 days of the submission to the department
36of any fee required pursuant to Section 28225, whichever is later.

37(b) Unless unloaded and securely wrapped or unloaded and in
38a locked container.

P9    1(c) Unless the purchaser, transferee, or person being loaned the
2firearm presents clear evidence of the person’s identity and age to
3the dealer.

4(d) Whenever the dealer is notified by the Department of Justice
5that the person is prohibited by state or federal law from possessing,
6receiving, owning, or purchasing a firearm.

7(e) A handgun shall not be delivered unless the purchaser,
8transferee, or person being loaned the handgun presents a handgun
9safety certificate. Commencing January 1, 2015, any firearm,
10including a handgun, shall not be delivered unless the purchaser,
11transferee, or person being loaned the firearm presents a firearm
12safety certificate to the dealer, except that in the case of a handgun,
13an unexpired handgun safety certificate may be presented.

14(f) A firearm shall not be delivered whenever the dealer is
15notified by the Department of Justice that within the preceding
1630-day period the purchaser has made another application to
17purchase a firearm and that the previous application to purchase
18did not involve any of the entities or circumstances specified in
19subdivision (b) of Section 27535.

20begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 27585 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

21

27585.  

(a) Commencing January 1, 2015, a resident of this
22state shall not import into this state, bring into this state, or
23transport into this state, any firearm that he or she purchased or
24otherwise obtained on or after January 1, 2015, from outside of
25this state unless he or she first has that firearm delivered to a dealer
26in this state for delivery to that resident pursuant to the procedures
27set forth in Section 27540 and Article 1 (commencing with Section
2826700) and Article 2 (commencing with Section 26800) of Chapter
292.

30(b) Subdivision (a) does not apply to or affect any of the
31following:

32(1) A licensed collector who is subject to and complies with
33Section 27565.

34(2) A dealer, if the dealer is acting in the course and scope of
35his or her activities as a dealer.

36(3) A wholesaler, if the wholesaler is acting in the course and
37scope of his or her activities as a wholesaler.

38(4) A person licensed as an importer of firearms or ammunition
39or licensed as a manufacturer of firearms or ammunition, pursuant
40to Section 921 et seq. of Title 18 of the United States Code and
P10   1the regulations issued pursuant thereto if the importer or
2manufacturer is acting in the course and scope of his or her
3activities as a licensed importer or manufacturer.

4(5) A personal firearm importer who is subject to and complies
5with Section 27560.

6(6) A person who complies with subdivision (b) of Section
7begin delete 27875end deletebegin insert 27877end insert.

8(7) A person who complies with subdivision (b), (c), or (d) of
9Section 27920.

10(8) A person who is on the centralized list of exempted federal
11firearms licensees pursuant to Section 28450 if that person is acting
12in the course and scope of his or her activities as a licensee.

13(9) A firearm regulated pursuant to Chapter 1 (commencing
14with Section 18710) of Division 5 of Title 2 acquired by a person
15who holds a permit issued pursuant to Article 3 (commencing with
16Section 18900) of Chapter 1 of Division 5 of Title 2, if that person
17is acting within the course and scope of his or her activities as a
18licensee and in accordance with the terms and conditions of the
19permit.

20(10) A firearm regulated pursuant to Chapter 2 (commencing
21with Section 30500) of Division 10 acquired by a person who holds
22a permit issued pursuant to Section 31005, if that person is acting
23within the course and scope of his or her activities as a licensee
24and in accordance with the terms and conditions of the permit.

25(11) A firearm regulated pursuant to Chapter 6 (commencing
26with Section 32610) of Division 10 acquired by a person who holds
27a permit issued pursuant to Section 32650, if that person is acting
28within the course and scope of his or her activities as a licensee
29and in accordance with the terms and conditions of the permit.

30(12) A firearm regulated pursuant to Article 2 (commencing
31with Section 33300) of Chapter 8 of Division 10 acquired by a
32person who holds a permit issued pursuant to Section 33300, if
33that person is acting within the course and scope of his or her
34activities as a licensee and in accordance with the terms and
35conditions of the permit.

36(13) The importation of a firearm into the state, bringing a
37firearm into the state, or transportation of a firearm into the state,
38that is regulated by any of the following statutes, if the acquisition
39of that firearm occurred outside of California and is conducted in
40accordance with the applicable provisions of the following statutes:

P11   1(A) Chapter 1 (commencing with Section 18710) of Division
25 of Title 2, relating to destructive devices and explosives.

3(B) Section 24410, relating to cane guns.

4(C) Section 24510, relating to firearms that are not immediately
5recognizable as firearms.

6(D) Sections 24610 and 24680, relating to undetectable firearms.

7(E) Section 24710, relating to wallet guns.

8(F) Chapter 2 (commencing with Section 30500) of Division
910, relating to assault weapons.

10(G) Section 31500, relating to unconventional pistols.

11(H) Sections 33215 to 33225, inclusive, relating to short-barreled
12rifles and short-barreled shotguns.

13(I) Chapter 6 (commencing with Section 32610) of Division
1410, relating to machineguns.

15(J) Section 33600, relating to zip guns, and the exemptions in
16 Chapter 1 (commencing with Section 17700) of Division 2 of Title
172, as they relate to zip guns.

18(c) The provisions of this section are cumulative and do not
19restrict the application of any other law. However, an act or
20omission punishable in different ways by this section and different
21provisions of this code shall not be punished under more than one
22provision.

23

begin deleteSEC. 4.end delete
24
begin insertSEC. 6.end insert  

Section 27590 of the Penal Code is amended to read:

25

27590.  

(a) Except as provided in subdivision (b), (c), or (e),
26a violation of this article is a misdemeanor.

27(b) If any of the following circumstances apply, a violation of
28this article is punishable by imprisonment pursuant to subdivision
29(h) of Section 1170 for two, three, or four years:

30(1) If the violation is of subdivision (a) of Section 27500.

31(2) If the defendant has a prior conviction of violating the
32provisions, other than Section 27535, Section 27560 involving a
33firearm that is not a handgun, or Section 27565 involving a firearm
34that is not a handgun, of this article or former Section 12100 of
35this code, as Section 12100 read at any time from when it was
36enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
37when it was repealed by Section 18 of Chapter 23 of the Statutes
38of 1994, or Section 8101 of the Welfare and Institutions Code.

39(3) If the defendant has a prior conviction of violating any
40offense specified in Section 29905 or of a violation of Section
P12   132625 or 33410, or of former Section 12560, as that section read
2at any time from when it was enacted by Section 4 of Chapter 931
3of the Statutes of 1965 to when it was repealed by Section 14 of
4Chapter 9 of the Statutes of 1990, or of any provision listed in
5Section 16590.

6(4) If the defendant is in a prohibited class described in Chapter
72 (commencing with Section 29800) or Chapter 3 (commencing
8with Section 29900) of Division 9, or Section 8100 or 8103 of the
9Welfare and Institutions Code.

10(5) A violation of this article by a person who actively
11participates in a “criminal street gang” as defined in Section 186.22.

12(6) A violation of Section 27510 involving the delivery of any
13firearm to a person who the dealer knows, or should know, is a
14minor.

15(c) If any of the following circumstances apply, a violation of
16this article shall be punished by imprisonment in a county jail not
17exceeding one year or pursuant to subdivision (h) of Section 1170,
18or by a fine not to exceed one thousand dollars ($1,000), or by
19both that fine and imprisonment:

20(1) A violation of Section 27515, 27520, or subdivision (b) of
21Section 27500.

22(2) A violation of Section 27505 involving the sale, loan, or
23transfer of a handgun to a minor.

24(3) A violation of Section 27510 involving the delivery of a
25handgun.

26(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
2727540 involving a handgun.

28(5) A violation of Section 27545 involving a handgun.

29(6) A violation of Section 27550.

30(7) A violation of Section 27585 involving a handgun.

31(d) If both of the following circumstances apply, an additional
32term of imprisonment pursuant to subdivision (h) of Section 1170
33for one, two, or three years shall be imposed in addition and
34consecutive to the sentence prescribed:

35(1) A violation of Section 27510 or subdivision (b) of Section
3627500.

37(2) The firearm transferred in violation of Section 27510 or
38subdivision (b) of Section 27500 is used in the subsequent
39commission of a felony for which a conviction is obtained and the
40prescribed sentence is imposed.

P13   1(e) (1) A first violation of Section 27535 is an infraction
2punishable by a fine of fifty dollars ($50).

3(2) A second violation of Section 27535 is an infraction
4punishable by a fine of one hundred dollars ($100).

5(3) A third or subsequent violation of Section 27535 is a
6misdemeanor.

7(4) For purposes of this subdivision each application to purchase
8a firearm in violation of Section 27535 shall be deemed a separate
9offense.

10begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 27875 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

27875.  

begin delete(a)end deletebegin deleteend deleteSection 27545 does not apply to the transfer of a
12firearm bybegin delete gift, bequest, intestate succession,end deletebegin insert giftend insert or other means
13from one individual to another, if all of the following requirements
14arebegin delete met:end deletebegin insert met, except as provided in Section 27877:end insert

begin delete

15(1)

end delete

16begin insert(a)end insert The transfer is infrequent, as defined in Section 16730.

begin delete

17(2)

end delete

18begin insert(bend insertbegin insert)end insert The transfer is between members of the same immediate
19family.

begin delete

20(3)

end delete

21begin insert(c)end insert Within 30 days of taking possession of the firearm, the
22person to whom it is transferred shall submit a report to the
23Department of Justice, in a manner prescribed by the department,
24that includes information concerning the individual taking
25possession of the firearm, how title was obtained and from whom,
26and a description of the firearm in question. The reports that
27individuals complete pursuant to this subdivision shall be made
28available to them in a format prescribed by the department.

begin delete

29(4)

end delete

30begin insert(d)end insert Until January 1, 2015, the person taking title to the firearm
31shall first obtain a valid handgun safety certificate if the firearm
32is a handgun, and commencing January 1, 2015, a valid firearm
33safety certificate for any firearm, except that in the case of a
34handgun, a valid unexpired handgun safety certificate may be used.

begin delete

35(5)

end delete

36begin insert(e)end insert The person receiving the firearm is 18 years of age or older.

begin delete

37(b) Subdivision (a) of Section 27585 does not apply to a person
38who imports a firearm into this state, brings a firearm into this
39state, or transports a firearm into this state if all of the following
40 requirements are met:

P14   1(1) The person acquires ownership of the firearm from an
2immediate family member by bequest or intestate succession.

3(2) The person has obtained a valid firearm safety certificate,
4except that in the case of a handgun, a valid unexpired handgun
5safety certificate may be used.

6(3) The receipt of any firearm by the individual by bequest or
7intestate succession is infrequent, as defined in Section 16730.

8(4) The person acquiring ownership of the firearm by bequest
9or intestate succession is 18 years of age or older.

10(5) Within 30 days of that person taking possession of the
11firearm and importing, bringing, or transporting it into this state,
12the person shall submit a report to the Department of Justice, in a
13manner prescribed by the department, that includes information
14concerning the individual taking possession of the firearm, how
15title was obtained and from whom, and a description of the firearm
16in question. The reports that individuals complete pursuant to this
17subdivision shall be made available to them in a format prescribed
18by the department.

end delete
19begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 27877 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
20

begin insert27877.end insert  

 (a) Section 27545 does not apply to the transfer of a
21firearm to a person by bequest or intestate succession if all of the
22following requirements are met:

23
(1) The person is not prohibited by state or federal law from
24possessing, receiving, owning, or purchasing a firearm.

25
(2) The transfer is infrequent, as defined in Section 16730.

26
(3) The person possesses a valid firearm safety certificate.

27
(4) The person is 18 years of age or older.

28
(5) The firearm is not prohibited by Section 16590 and is not
29an assault weapon, .50 BMG rifle, machinegun, or destructive
30device.

31
(6) Within 30 days of taking possession of the firearm, the person
32submits a report to the Department of Justice, in a manner
33prescribed by the department, that includes information concerning
34the person, the manner in which title was obtained and from whom,
35and a description of the firearm in question. The reports that a
36person completes pursuant to this subdivision shall be made
37available to the person in a format prescribed by the department.

38
(b) Subdivision (a) of Section 27585 does not apply to a person
39who imports a firearm into this state, brings a firearm into this
P15   1state, or transports a firearm into this state if all of the following
2requirements are met:

3
(1) The person is not prohibited by state or federal law from
4possessing, receiving, owning, or purchasing a firearm.

5
(2) The person acquires ownership of the firearm by bequest
6or intestate succession.

7
(3) The person possesses a valid firearm safety certificate.

8
(4) The receipt of any firearm by the person by bequest or
9intestate succession is infrequent, as defined in Section 16730.

10
(5) The person 18 years of age or older.

11
(6) The firearm is not prohibited by Section 16590 and is not
12an assault weapon, .50 BMG rifle, machinegun, or destructive
13device.

14
(7) Within 30 days of taking possession of the firearm and
15importing, bringing, or transporting it into this state, the person
16submits a report to the Department of Justice, in a manner
17prescribed by the department, that includes information concerning
18the person, the manner in which title was obtained and from whom,
19and a description of the firearm in question. The reports that a
20person completes pursuant to this subdivision shall be made
21available to the person in a format prescribed by the department.

end insert
22

begin deleteSEC. 5.end delete
23
begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30 the meaning of Section 6 of Article XIII B of the California
31Constitution.



O

    98