Amended in Assembly May 31, 2016

Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1674

Introduced by Assembly Member Santiago

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(Coauthor: Assembly Member Chiu)

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(Coauthors: Assembly Members Bonta, Chiu, Gipson, Levine, McCarty, and Ting)

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(Coauthor: Senator Leno)

January 19, 2016

An act to amend Sections begin delete 11106, end delete 26835, 27535, 27540, begin delete 27585, 27590, and 27875 of, and to add Section 27877 to, end delete begin insert and 27590 of end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert prohibition and instead would exempt from that prohibition the transfer of a firearm conducted through a licensed firearms dealer if the firearm is being transferred by bequest or intestate succession. end insert 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.

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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.

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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.

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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:

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SECTION 1.  

Section 11106 of the Penal Code is amended to
read:

11106.  

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

(A) All copies of fingerprints.

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

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

(D) Dealers’ records of sales of firearms.

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

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read prior to being repealed on January 1, 2006.

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

(H) Information provided pursuant to Section 28255.

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

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

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

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

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

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

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

(E) Former Section 12084.

(F) Section 28255.

(G) Any other law.

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

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

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

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

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

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

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

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

(A) Section 26225, 27875, 27877, or 27920.

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

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

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

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

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

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

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

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

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

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

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

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

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begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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 FIREARM WITHIN ANY
30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO
PURCHASE MORE THAN ONE FIREARM WITHIN ANY
30-DAY PERIOD.”

 

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begin insert SEC. 2. end insert   

Section 27535 of the Penal Code is amended to read:

27535.  

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

(b) Subdivision (a) does 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 does, 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.

(8) 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.

(9) The exchange of a firearm 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.

(10) The replacement of a firearm when the person’s firearm
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.

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

(12) 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.

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(13) A transaction completed through a licensed firearms dealer
pursuant to Chapter 5 (commencing with Section 28050) if both
of the following conditions apply:

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(A) The transferor is an executor or administrator of an estate.

end insert begin insert

(B) The transferee is a person acquiring ownership of the
firearm by bequest or intestate succession from the estate.

end insert

begin delete SEC. 4. end delete

begin insert SEC. 3. end insert   

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 begin delete that end delete begin insert that, end insert in the case of a
handgun, an unexpired handgun safety certificate may be presented.

(f) A firearm 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 firearm and that the previous application to purchase
did not involve any of the entities or circumstances specified in
subdivision (b) of Section 27535.

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SEC. 5.  

Section 27585 of the Penal Code is amended to read:

27585.  

(a) Commencing January 1, 2015, a resident of this
state shall not import into this state, bring into this state, or
transport into this state, any firearm that he or she purchased or
otherwise obtained on or after January 1, 2015, from outside of
this state unless he or she first has that firearm delivered to a dealer
in this state for delivery to that resident pursuant to the procedures
set forth in Section 27540 and Article 1 (commencing with Section
26700) and Article 2 (commencing with Section 26800) of Chapter
2.

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

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

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

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

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

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

(6) A person who complies with subdivision (b) of Section
27877.

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

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

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

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

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

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

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

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

(B) Section 24410, relating to cane guns.

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

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

(E) Section 24710, relating to wallet guns.

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

(G) Section 31500, relating to unconventional pistols.

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

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

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

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

end delete

begin delete SEC. 6. end delete

begin insert SEC. 4. end insert   

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 years:

(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, 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 imprisonment:

(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 prescribed:

(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 firearm in violation of Section 27535 shall be deemed a separate
offense.

begin delete

SEC. 7.  

Section 27875 of the Penal Code is amended to read:

27875.  

Section 27545 does not apply to the transfer of a firearm
by gift or other means from one individual to another, if all of the
following requirements are met, except as provided in Section
27877:

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

(b) The transfer is between members of the same immediate
family.

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

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

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

SEC. 8.  

Section 27877 is added to the Penal Code, to read:

27877.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

end delete

begin delete SEC. 9. end delete

begin insert SEC. 5. end insert   

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.