AB 1674, as amended, Santiago. Firearms: transfers.
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
begin delete prohibition.end delete 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.
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 delete
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 delete
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 11106 of the Penal Code is amended to
(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.
P3 1(B) Copies of licenses to carry firearms issued pursuant to
2Section 26150, 26155, 26170, or 26215.
3(C) Information reported to the Department of Justice pursuant
4to Section 26225, 27875, 27877, 27920, or 29830.
5(D) Dealers’ records of sales of firearms.
6(E) Reports provided pursuant to Article 1 (commencing with
7Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
8pursuant to any provision listed in subdivision (a) of Section 16585.
9(F) Forms provided pursuant to Section 12084, as that section
10read prior to being repealed on January 1, 2006.
11(G) Reports provided pursuant to Article 1 (commencing with
12Section 26700) and Article 2 (commencing with Section 26800)
13of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
14records of sales of firearms.
15(H) Information provided pursuant to Section 28255.
16(I) Reports of stolen, lost, found, pledged, or pawned property
17in any city or county of this state.
18(2) The Attorney General shall, upon proper application therefor,
19furnish the information to the officers referred to in Section 11105.
20(b) (1) The Attorney General shall permanently keep and
21properly file and maintain all information reported to the
22Department of Justice pursuant to the following provisions as to
23firearms and maintain a registry thereof:
24(A) Article 1 (commencing with Section 26700) and Article 2
25(commencing with Section 26800) of Chapter 2 of Division 6 of
26Title 4 of Part 6.
27(B) Article 1 (commencing with Section 27500) of Chapter 4
28of Division 6 of Title 4 of Part 6.
29(C) Chapter 5 (commencing with Section 28050) of Division 6
30of Title 4 of Part 6.
31(D) Any provision listed in subdivision (a) of Section 16585.
32(E) Former Section 12084.
33(F) Section 28255.
34(G) Any other law.
35(2) The registry shall consist of all of the following:
36(A) The name, address, identification of, place of
37or country), complete telephone number, occupation, sex,
38description, and all legal names and aliases ever used by the owner
39or person being loaned the particular firearm as listed on the
40information provided to the department on the Dealers’ Record of
P4 1Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
2in former Section 12084, or reports made to the department
3pursuant to any provision listed in subdivision (a) of Section 16585,
4Section 28255, or any other law.
5(B) The name and address of, and other information about, any
6person (whether a dealer or a private party) from whom the owner
7acquired or the person being loaned the particular firearm and
8when the firearm was acquired or loaned as listed on the
9information provided to the department on the Dealers’ Record of
10Sale, the LEFT, or reports made to the department pursuant to any
11provision listed in subdivision (a) of Section 16585 or any other
13(C) Any waiting period exemption applicable to the transaction
14which resulted in the owner of or the person being loaned the
15particular firearm acquiring or being loaned that firearm.
16(D) The manufacturer’s name if stamped on the firearm, model
17name or number if stamped on the firearm, and, if applicable, the
18serial number, other number (if more than one serial number is
19stamped on the firearm), caliber, type of firearm, if the firearm is
20new or used, barrel length, and color of the firearm, or, if the
21firearm is not a handgun and does not have a serial number or any
22identification number or mark assigned to it, that shall be noted.
in the registry referred to in this subdivision
24shall, upon proper application therefor, be furnished to the officers
25referred to in Section 11105, to a city attorney prosecuting a civil
26action, solely for use in prosecuting that civil action and not for
27any other purpose, or to the person listed in the registry as the
28owner or person who is listed as being loaned the particular firearm.
29(4) If any person is listed in the registry as the owner of a firearm
30through a Dealers’ Record of Sale prior to 1979, and the person
31listed in the registry requests by letter that the Attorney General
32store and keep the record electronically, as well as in the record’s
33existing photographic, photostatic, or nonerasable optically stored
34form, the Attorney General shall do so within three working days
35of receipt of the request. The Attorney General shall, in writing,
36and as soon as practicable, notify the person requesting electronic
37storage of the record that the request has been honored as required
38by this paragraph.
39(c) (1) If the conditions specified in paragraph (2) are met, any
40officer referred to in paragraphs (1) to (6), inclusive, of subdivision
P5 1(b) of Section 11105 may disseminate the name of the subject of
2the record, the number of the firearms listed in the record, and the
3description of any firearm, including the make, model, and caliber,
4from the record relating to any firearm’s sale, transfer, registration,
5or license record, or any information reported to the Department
6of Justice pursuant to any of the following:
7(A) Section 26225, 27875, 27877, or 27920.
8(B) Article 1 (commencing with Section 26700) and Article 2
9(commencing with Section 26800) of Chapter 2 of Division 6 of
10Title 4 of Part 6.
11(C) Article 1 (commencing with Section 27500) of Chapter 4
12of Division 6 of Title 4 of Part 6.
13(D) Chapter 5 (commencing with Section 28050) of Division
146 of Title 4 of Part 6.
15(E) Article 2 (commencing with Section 28150) of Chapter 6
16of Division 6 of Title 4 of Part 6.
17(F) Article 5 (commencing with Section 30900) of Chapter 2
18of Division 10 of Title 4 of Part 6.
19(G) Chapter 2 (commencing with Section 33850) of Division
2011 of Title 4 of Part 6.
21(H) Any provision listed in subdivision (a) of Section 16585.
22(2) Information may be disseminated pursuant to paragraph (1)
23only if all of the following conditions are satisfied:
24(A) The subject of the record has been arraigned for a crime in
25which the victim is a person described in subdivisions (a) to (f),
26inclusive, of Section 6211 of the Family Code and is being
27prosecuted or is serving a sentence for the crime, or the subject of
28the record is the subject of an emergency protective order, a
29temporary restraining order, or an order after hearing, which is in
30effect and has been issued by a family court under the Domestic
31Violence Protection Act set forth in Division 10 (commencing
32with Section 6200) of the Family Code.
33(B) The information is disseminated only to the victim of the
34crime or to the person who has obtained the emergency protective
35order, the temporary restraining order, or the order after hearing
36issued by the family court.
37(C) Whenever a law enforcement officer disseminates the
38information authorized by this subdivision, that officer or another
39officer assigned to the case shall immediately provide the victim
40of the crime with a “Victims of Domestic Violence” card, as
P6 1specified in subparagraph (H) of paragraph (9) of subdivision (c)
2of Section 13701.
3(3) The victim or person to whom information is disseminated
4pursuant to this subdivision may disclose it as he or she deems
5necessary to protect himself or herself or another person from
6bodily harm by the person who is the subject of the record.
Section 26835 of the Penal Code is amended to
A licensee shall post conspicuously within the licensed
11premises the following warnings in block letters not less than one
12inch in height:
14(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
15PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
16A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
17USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
18IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
19MISDEMEANOR OR A FELONY UNLESS YOU STORED
20THE FIREARM IN A LOCKED CONTAINER OR LOCKED
21THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
22FROM TEMPORARILY FUNCTIONING.”
23(b) “IF YOU KEEP A PISTOL, REVOLVER, OR
24FIREARM CAPABLE OF BEING CONCEALED UPON THE
25PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
26OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
27GAINS ACCESS TO THE FIREARM, AND CARRIES IT
28OFF-PREMISES, YOU MAY BE GUILTY OF A
29MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
30A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
31A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
33(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
34PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
35A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
36THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
37SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
38GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
39TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
P7 1STORED THE FIREARM IN A LOCKED CONTAINER, OR
2LOCKED THE FIREARM WITH A LOCKING DEVICE.”
3(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
4LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
5CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
6YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
7GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
8TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
9STORED THE FIREARM IN A LOCKED CONTAINER, OR
10LOCKED THE FIREARM WITH A LOCKING DEVICE.”
11(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
12AREAS, CLEANING FIREARMS, OR HANDLING
13AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
14SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
15REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
16INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
17WASH HANDS THOROUGHLY AFTER EXPOSURE.”
18(f) “FEDERAL REGULATIONS PROVIDE THAT IF
19DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
20THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
21DAYS AFTER YOU COMPLETE THE INITIAL
22BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
23TO GO THROUGH THE BACKGROUND CHECK PROCESS
24A SECOND TIME IN ORDER TO TAKE PHYSICAL
25POSSESSION OF THAT FIREARM.”
26(g) “NO PERSON SHALL MAKE AN APPLICATION TO
27PURCHASE MORE THAN ONE FIREARM WITHIN ANY
2830-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
29ANY PERSON WHO HAS MADE AN APPLICATION TO
30PURCHASE MORE THAN ONE FIREARM WITHIN ANY
Section 27535 of the Penal Code is amended to read:
(a) A person shall not make an application to purchase
36more than one firearm within any 30-day period.
37(b) Subdivision (a) does not apply to any of the following:
38(1) Any law enforcement agency.
39(2) Any agency duly authorized to perform law enforcement
P8 1(3) Any state or local correctional facility.
2(4) Any private security company licensed to do business in
4(5) Any person who is properly identified as a full-time paid
5peace officer, as defined in Chapter 4.5 (commencing with Section
6830) of Title 3 of Part 2, and who is authorized to, and does, carry
7a firearm during the course and scope of employment as a peace
9(6) Any motion picture, television, or video production company
10or entertainment or theatrical company whose production by its
11nature involves the use of a firearm.
12(7) Any person who may, pursuant to Article 2 (commencing
13with Section 27600), Article 3 (commencing with Section 27650),
14or Article 4 (commencing with Section 27700), claim an exemption
15from the waiting period set forth in Section 27540.
16(8) Any person who is licensed as a collector
pursuant to Chapter
1744 (commencing with Section 921) of Title 18 of the United States
18Code and the regulations issued pursuant thereto, and has a current
19certificate of eligibility issued by the Department of Justice
20pursuant to Article 1 (commencing with Section 26700) of Chapter
22(9) The exchange of a firearm where the dealer purchased that
23firearm from the person seeking the exchange within the 30-day
24period immediately preceding the date of exchange or replacement.
25(10) The replacement of a firearm when the person’s firearm
26was lost or stolen, and the person reported that firearm lost or
27stolen prior to the completion of the application to purchase to any
28local law enforcement agency of the city, county, or city and county
29in which the person resides.
30(11) The return of any firearm to its owner.
31(12) A community college that is certified by the Commission
32on Peace Officer Standards and Training to present the law
33enforcement academy basic course or other commission-certified
34law enforcement training.
Section 27540 of the Penal Code is amended to read:
A dealer, whether or not acting pursuant to Chapter 5
4(commencing with Section 28050), shall not deliver a firearm to
5a person, as follows:
6(a) Within 10 days of the application to purchase, or, after notice
7by the department pursuant to Section 28220, within 10 days of
8the submission to the department of any correction to the
9application, or within 10 days of the submission to the department
10of any fee required pursuant to Section 28225, whichever is later.
11(b) Unless unloaded and securely wrapped or unloaded and in
12a locked container.
13(c) Unless the purchaser, transferee, or
person being loaned the
14firearm presents clear evidence of the person’s identity and age to
16(d) Whenever the dealer is notified by the Department of Justice
17that the person is prohibited by state or federal law from possessing,
18receiving, owning, or purchasing a firearm.
19(e) A handgun shall not be delivered unless the purchaser,
20transferee, or person being loaned the handgun presents a handgun
21safety certificate. Commencing January 1, 2015, any firearm,
22including a handgun, shall not be delivered unless the purchaser,
23transferee, or person being loaned the firearm presents a firearm
24safety certificate to the dealer, except
begin delete thatend delete in the case of a
25handgun, an unexpired handgun safety certificate may be presented.
26(f) A firearm shall not be delivered whenever the dealer is
27notified by the Department of Justice that within the preceding
2830-day period the purchaser has made another application to
29purchase a firearm and that the previous application to purchase
30did not involve any of the entities or circumstances specified in
31subdivision (b) of Section 27535.
Section 27585 of the Penal Code is amended to read:
(a) Commencing January 1, 2015, a resident of this
34state shall not import into this state, bring into this state, or
35transport into this state, any firearm that he or she purchased or
36otherwise obtained on or after January 1, 2015, from outside of
37this state unless he or she first has that firearm delivered to a dealer
38in this state for delivery to that resident pursuant to the procedures
39set forth in Section 27540 and Article 1 (commencing with Section
P10 126700) and Article 2 (commencing with Section 26800) of Chapter
3(b) Subdivision (a) does not apply to or affect any of the
5(1) A licensed collector who
is subject to and complies with
7(2) A dealer, if the dealer is acting in the course and scope of
8his or her activities as a dealer.
9(3) A wholesaler, if the wholesaler is acting in the course and
10scope of his or her activities as a wholesaler.
11(4) A person licensed as an importer of firearms or ammunition
12or licensed as a manufacturer of firearms or ammunition, pursuant
13to Section 921 et seq. of Title 18 of the United States Code and
14the regulations issued pursuant thereto if the importer or
15manufacturer is acting in the course and scope of his or her
16activities as a licensed importer or manufacturer.
17(5) A personal firearm importer who is
subject to and complies
18with Section 27560.
19(6) A person who complies with subdivision (b) of Section
21(7) A person who complies with subdivision (b), (c), or (d) of
23(8) A person who is on the centralized list of exempted federal
24firearms licensees pursuant to Section 28450 if that person is acting
25in the course and scope of his or her activities as a licensee.
26(9) A firearm regulated pursuant to Chapter 1 (commencing
27with Section 18710) of Division 5 of Title 2 acquired by a person
28who holds a permit issued pursuant to Article 3 (commencing with
29Section 18900) of Chapter 1 of Division 5 of Title 2, if that person
30is acting within the course and scope of his or her activities as a
31licensee and in accordance with the terms and conditions of the
33(10) A firearm regulated pursuant to Chapter 2 (commencing
34with Section 30500) of Division 10 acquired by a person who holds
35a permit issued pursuant to Section 31005, if that person is acting
36within the course and scope of his or her activities as a licensee
37and in accordance with the terms and conditions of the permit.
38(11) A firearm regulated pursuant to Chapter 6 (commencing
39with Section 32610) of Division 10 acquired by a person who holds
40a permit issued pursuant to Section 32650, if that person is acting
P11 1within the course and scope of his or her activities as a licensee
2and in accordance with the terms and conditions of the permit.
3(12) A firearm regulated pursuant to Article 2 (commencing
4with Section 33300) of Chapter 8 of Division 10 acquired by a
5person who holds a permit issued pursuant to Section 33300, if
6that person is acting within the course and scope of his or her
7activities as a licensee and in accordance with the terms and
8conditions of the permit.
9(13) The importation of a firearm into the state, bringing a
10firearm into the state, or transportation of a firearm into the state,
11that is regulated by any of the following statutes, if the acquisition
12of that firearm occurred outside of California and is conducted in
13accordance with the applicable provisions of the following statutes:
14(A) Chapter 1 (commencing with Section 18710) of
155 of Title 2, relating to destructive devices and explosives.
16(B) Section 24410, relating to cane guns.
17(C) Section 24510, relating to firearms that are not immediately
18recognizable as firearms.
19(D) Sections 24610 and 24680, relating to undetectable firearms.
20(E) Section 24710, relating to wallet guns.
21(F) Chapter 2 (commencing with Section 30500) of Division
2210, relating to assault weapons.
23(G) Section 31500, relating to unconventional pistols.
24(H) Sections 33215 to 33225,
inclusive, relating to short-barreled
25rifles and short-barreled shotguns.
26(I) Chapter 6 (commencing with Section 32610) of Division
2710, relating to machineguns.
28(J) Section 33600, relating to zip guns, and the exemptions in
29 Chapter 1 (commencing with Section 17700) of Division 2 of Title
302, as they relate to zip guns.
31(c) The provisions of this section are cumulative and do not
32restrict the application of any other law. However, an act or
33omission punishable in different ways by this section and different
34provisions of this code shall not be punished under more than one
Section 27590 of the Penal Code is amended to read:
(a) Except as provided in subdivision (b), (c), or (e),
39a violation of this article is a misdemeanor.
P12 1(b) If any of the following circumstances apply, a violation of
2this article is punishable by imprisonment pursuant to subdivision
3(h) of Section 1170 for two, three, or four years:
4(1) If the violation is of subdivision (a) of Section 27500.
5(2) If the defendant has a prior conviction of violating the
6provisions, other than Section 27535, Section 27560 involving a
7firearm that is not a handgun, or Section 27565 involving a firearm
8that is not a handgun, of this article or former Section 12100 of
9this code, as Section 12100 read at any time from when it was
10enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
11when it was repealed by Section 18 of Chapter 23 of the Statutes
12of 1994, or Section 8101 of the Welfare and Institutions Code.
13(3) If the defendant has a prior conviction of violating any
14offense specified in Section 29905 or of a violation of Section
1532625 or 33410, or of former Section 12560, as that section read
16at any time from when it was enacted by Section 4 of Chapter 931
17of the Statutes of 1965 to when it was repealed by Section 14 of
18Chapter 9 of the Statutes of 1990, or of any provision listed in
20(4) If the defendant is in a prohibited class described in Chapter
212 (commencing with Section 29800) or Chapter 3 (commencing
22with Section 29900) of Division 9, or Section 8100 or 8103 of the
23Welfare and Institutions Code.
24(5) A violation of this article by a person who actively
25participates in a “criminal street gang” as defined in Section 186.22.
26(6) A violation of Section 27510 involving the delivery of any
27firearm to a person who the dealer knows, or should know, is a
29(c) If any of the following circumstances apply, a violation of
30this article shall be punished by imprisonment in a county jail not
31exceeding one year or pursuant to subdivision (h) of Section 1170,
32or by a fine not to exceed one thousand dollars ($1,000), or by
33both that fine and imprisonment:
34(1) A violation of Section 27515, 27520, or subdivision (b) of
36(2) A violation of Section 27505 involving the sale, loan, or
37transfer of a handgun to a minor.
38(3) A violation of Section 27510 involving the delivery of a
P13 1(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
227540 involving a handgun.
3(5) A violation of Section 27545 involving a handgun.
4(6) A violation of Section 27550.
5(7) A violation of Section 27585 involving a handgun.
6(d) If both of the following circumstances apply, an additional
7term of imprisonment pursuant to subdivision (h) of Section 1170
8for one, two, or three years shall be imposed in addition and
9consecutive to the sentence prescribed:
10(1) A violation of Section 27510 or subdivision (b) of Section
12(2) The firearm transferred in violation of Section 27510 or
13subdivision (b) of Section 27500 is used in the subsequent
14commission of a felony for which a conviction is obtained and the
15prescribed sentence is imposed.
16(e) (1) A first violation of Section 27535 is an infraction
17punishable by a fine of fifty dollars ($50).
18(2) A second violation of Section 27535 is an infraction
19punishable by a fine of one hundred dollars ($100).
20(3) A third or subsequent violation of Section 27535 is a
22(4) For purposes of this subdivision each application to purchase
23a firearm in violation of Section 27535 shall be deemed a separate
Section 27875 of the Penal Code is amended to read:
Section 27545 does not apply to the transfer of a firearm
27by gift or other means from one individual to another, if all of the
28following requirements are met, except as provided in Section
30(a) The transfer is infrequent, as defined in Section 16730.
31(b) The transfer is between members of the same immediate
33(c) Within 30 days of taking possession of the firearm, the
34person to whom it is transferred shall submit a report to the
35Department of Justice, in a manner prescribed by the department,
36that includes information concerning the individual taking
37possession of the firearm, how title was obtained and from whom,
38and a description of the firearm in question. The reports that
39individuals complete pursuant to this subdivision shall be made
40available to them in a format prescribed by the department.
P14 1(d) Until January 1, 2015, the person taking title to the firearm
2shall first obtain a valid handgun safety certificate if the firearm
3is a handgun, and commencing January 1, 2015, a valid firearm
4safety certificate for any firearm, except that in the case of a
5handgun, a valid unexpired handgun safety certificate may be used.
6(e) The person receiving the firearm is 18 years of age or older.
Section 27877 is added to the Penal Code, to read:
(a) Section 27545 does not apply to the transfer of a
9firearm to a person by bequest or intestate succession if all of the
10following requirements are met:
11(1) The person is not prohibited by state or federal law from
12possessing, receiving, owning, or purchasing a firearm.
13(2) The transfer is infrequent, as defined in Section 16730.
14(3) The person possesses a valid firearm safety certificate.
15(4) The person is 18 years of age or older.
16(5) The firearm is not prohibited by Section 16590 and is not
17an assault weapon, .50 BMG rifle, machinegun, or destructive
19(6) Within 30 days of taking possession of the firearm, the
20person submits a report to the Department of Justice, in a manner
21prescribed by the department, that includes information concerning
22the person, the manner in which title was obtained and from whom,
23and a description of the firearm in question. The reports that a
24person completes pursuant to this subdivision shall be made
25available to the person in a format prescribed by the department.
26(b) Subdivision (a) of Section 27585 does not apply to a person
27who imports a firearm into this state, brings a firearm into this
28state, or transports a firearm into this state if all of the following
29requirements are met:
30(1) The person is not prohibited by state or federal law from
31possessing, receiving, owning, or purchasing a firearm.
32(2) The person acquires ownership of the firearm by bequest or
34(3) The person possesses a valid firearm safety certificate.
35(4) The receipt of any firearm by the person by bequest or
36intestate succession is infrequent, as defined in Section 16730.
37(5) The person 18 years of age or older.
38(6) The firearm is not prohibited by Section 16590 and is not
39an assault weapon, .50 BMG rifle, machinegun, or destructive
P15 1(7) Within 30 days of taking possession of the firearm and
2importing, bringing, or transporting it into this state, the person
3submits a report to the Department of Justice, in a manner
4prescribed by the department, that includes information concerning
5the person, the manner in which title was obtained and from whom,
6and a description of the firearm in question. The reports that a
7person completes pursuant to this subdivision shall be made
8available to the person in a format prescribed by the department.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California