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 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 intestatebegin delete succession.end deletebegin insert succession, the purchase of a firearm that is not a handgun or a finished frame or receiver by a licensed hunter, and the purchase of a firearm from a nonprofit entity conducting an auction or similar event, as specified.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.
begin insertThis bill would incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and SB 894, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
end insertThe 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 26835 of the Penal Code is amended to
2read:
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.”
P3 1(b) “IF YOU KEEP A PISTOL,
REVOLVER, OR OTHER
2FIREARM CAPABLE OF BEING CONCEALED UPON THE
3PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
4OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
5GAINS ACCESS TO THE FIREARM, AND CARRIES IT
6OFF-PREMISES, YOU MAY BE GUILTY OF A
7MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
8A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
9A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
10FUNCTIONING.”
11(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
12PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
13A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
14THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
15SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
16GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
17TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
18STORED THE FIREARM IN A LOCKED CONTAINER, OR
19LOCKED THE FIREARM WITH A LOCKING DEVICE.”
20(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
21LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
22CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
23YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
24GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
25TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
26STORED THE FIREARM IN A LOCKED CONTAINER, OR
27LOCKED THE FIREARM WITH A LOCKING DEVICE.”
28(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
29AREAS, CLEANING FIREARMS, OR HANDLING
30AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
31SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
32REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
33INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
34WASH HANDS THOROUGHLY AFTER EXPOSURE.”
35(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
36DO
NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
37THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
38DAYS AFTER YOU COMPLETE THE INITIAL
39BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
40TO GO THROUGH THE BACKGROUND CHECK PROCESS
P4 1A SECOND TIME IN ORDER TO TAKE PHYSICAL
2POSSESSION OF THAT FIREARM.”
3(g) “NO PERSON SHALL MAKE AN APPLICATION TO
4PURCHASE MORE THAN ONE FIREARM WITHIN ANY
530-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
6ANY PERSON WHO HAS MADE AN APPLICATION TO
7PURCHASE MORE THAN ONE FIREARM WITHIN ANY
830-DAY PERIOD.”
9
begin insertSection 26835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
A licensee shall post conspicuously within the licensed
12premises the following warnings in block letters not less than one
13inch in height:
14
15(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
16PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
17A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
18USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
19IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
20MISDEMEANOR OR A FELONY UNLESS YOU STORED
21THE FIREARM IN A LOCKED CONTAINER OR LOCKED
22THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
23FROM TEMPORARILY FUNCTIONING.”
24(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
25FIREARM CAPABLE OF BEING CONCEALED UPON THE
26PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
27OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
28GAINS ACCESS TO THE FIREARM, AND CARRIES IT
29OFF-PREMISES, YOU MAY BE GUILTY OF A
30MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
31A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
32A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
33FUNCTIONING.”
34(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
35PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
36A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
37THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
38SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
39GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
40TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
P5 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 YOU
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 ONEbegin delete PISTOL, REVOLVER, OR begin insert FIREARMend insert WITHIN ANY 30-DAY PERIOD AND
28OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
29THE PERSONend delete
30NO DELIVERY SHALL BE MADE TO ANY PERSON WHO
31HAS MADE AN APPLICATION TO PURCHASE MORE THAN
32ONEbegin delete PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE begin insert FIREARMend insert
33OF BEING CONCEALED UPON THE PERSONend delete
34 WITHIN ANY 30-DAY PERIOD.”
35
(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
36STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
37LOCAL LAW ENFORCEMENT AGENCY WHERE
THE LOSS
38OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME
39YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
40THE FIREARM HAD BEEN LOST OR STOLEN.”
P6 1
Section 27535 of the Penal Code is amended to read:
(a) A person shall not make an application to purchase
4more than one firearm within any 30-day period.
5(b) Subdivision (a) does not apply to any of the following:
6(1) Any law enforcement agency.
7(2) Any agency duly authorized to perform law enforcement
8duties.
9(3) Any state or local correctional facility.
10(4) Any private security company licensed to do business in
11California.
12(5) Any person who is properly identified as a full-time paid
13peace officer, as defined in Chapter 4.5 (commencing with Section
14830) of Title 3 of Part 2, and who is authorized to, and does, carry
15a firearm during the course and scope of employment as a peace
16officer.
17(6) Any motion picture, television, or video production company
18or entertainment or theatrical company whose production by its
19nature involves the use of a firearm.
20(7) Any person who may, pursuant to Article 2 (commencing
21with Section 27600), Article 3 (commencing with Section 27650),
22or Article 4 (commencing with Section 27700), claim an exemption
23from the waiting period set forth in Section 27540.
24(8) Any person who is licensed as a collector
pursuant to Chapter
2544 (commencing with Section 921) of Title 18 of the United States
26Code and the regulations issued pursuant thereto, and has a current
27certificate of eligibility issued by the Department of Justice
28pursuant to Article 1 (commencing with Section 26700) of Chapter
292.
30(9) The exchange of a firearm where the dealer purchased that
31firearm from the person seeking the exchange within the 30-day
32period immediately preceding the date of exchange or replacement.
33(10) The replacement of a firearm when the person’s firearm
34was lost or stolen, and the person reported that firearm lost or
35stolen prior to the completion of the application to purchase to any
36local law enforcement agency of the city, county, or city and county
37in which the person resides.
38(11) The return of any firearm to its owner.
39(12) A community college that is certified by the Commission
40on Peace Officer Standards and Training to present the law
P7 1enforcement academy basic course or other commission-certified
2law enforcement training.
3(13) A transaction completed through a licensed firearms dealer
4pursuant to Chapter 5 (commencing with Section 28050) if both
5of the following conditions apply:
6(A) The transferor is an executor or administrator of an estate.
7(B) The transferee is a person acquiring ownership of the firearm
8by bequest or intestate succession from the estate.
9
(14) The purchase of a firearm that is not a handgun or a
10finished frame or receiver by a person who has been issued a valid
11hunting license by the state.
12
(15) The purchase of a firearm that is not a handgun acquired
13at an auction or similar event conducted by a nonprofit public
14benefit or mutual benefit corporation to fund the activities of that
15corporation or local chapters of that corporation.
begin insertSection 27535 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert make an application to
18purchase more than onebegin delete handgunend deletebegin insert firearmend insert within any 30-day period.
19(b) Subdivision (a)begin delete shallend deletebegin insert
doesend insert not apply to any of the following:
20(1) Any law enforcement agency.
21(2) Any agency duly authorized to perform law enforcement
22duties.
23(3) Any state or local correctional facility.
24(4) Any private security company licensed to do business in
25California.
26(5) Any person who is properly identified as a full-time paid
27peace officer, as defined in Chapter 4.5 (commencing with Section
28830) of Title 3 of Part 2, and who is authorized to, andbegin delete doesend deletebegin insert does,end insert
29 carry a
firearm during the course and scope of employment as a
30peace officer.
31(6) Any motion picture, television, or video production company
32or entertainment or theatrical company whose production by its
33nature involves the use of a firearm.
34(7) Any person who may, pursuant to Article 2 (commencing
35with Section 27600), Article 3 (commencing with Section 27650),
36or Article 4 (commencing with Section 27700), claim an exemption
37from the waiting period set forth in Section 27540.
38(8) Any transaction conducted through a licensed firearms dealer
39pursuant to Chapter 5 (commencing with Section 28050).
40(9)
end delete
P8 1begin insert(8)end insert Any person who is licensed as a collector pursuant to Chapter
244 (commencing with Section 921) of Title 18 of the United States
3Code and the regulations issued pursuant thereto, and has a current
4certificate of eligibility issued by the Department of Justice
5pursuant to Article 1 (commencing with Section 26700) of Chapter
62.
7(10)
end delete
8begin insert(9)end insert The exchange of abegin delete handgunend deletebegin insert
firearmend insert where the dealer
9purchased that firearm from the person seeking the exchange within
10the 30-day period immediately preceding the date of exchange or
11replacement.
12(11)
end delete
13begin insert(10)end insert The replacement of abegin delete handgunend deletebegin insert firearmend insert when the person’s
14begin delete handgunend deletebegin insert firearmend insert was
lost or stolen, and the person reported that
15firearm lost or stolenbegin insert
pursuant to Section 25250end insert prior to the
16completion of the application to purchasebegin delete to any local law begin insert
the replacement firearm.end insert
17enforcement agency of the city, county, or city and county in which
18the person resides.end delete
19(12)
end delete
20begin insert(11)end insert The return of anybegin delete handgunend deletebegin insert firearmend insert to its owner.
21(13)
end delete
22begin insert(12)end insert A community
college that is certified by the Commission
23on Peace Officer Standards and Training to present the law
24enforcement academy basic course or other commission-certified
25law enforcement training.
26
(13) A transaction completed through a licensed firearms dealer
27pursuant to Chapter 5 (commencing with Section 28050) if both
28of the following conditions apply:
29
(A) The transferor is an executor or administrator of an estate.
30
(B) The transferee is a person acquiring ownership of the
31firearm by bequest or intestate succession from the estate.
32
(14) The purchase of a firearm that is not a handgun or a
33finished frame or receiver by a person who has been issued a valid
34hunting license by the state.
35
(15) The purchase of a firearm that is not a handgun acquired
36at an auction or similar event conducted by a nonprofit public
37benefit or mutual benefit corporation to fund the activities of that
38corporation or local chapters of that corporation.
Section 27540 of the Penal Code is amended to read:
A dealer, whether or not acting pursuant to Chapter 5
2(commencing with Section 28050), shall not deliver a firearm to
3a person, as follows:
4(a) Within 10 days of the application to purchase, or, after notice
5by the department pursuant to Section 28220, within 10 days of
6the submission to the department of any correction to the
7application, or within 10 days of the submission to the department
8of any fee required pursuant to Section 28225, whichever is later.
9(b) Unless unloaded and securely wrapped or unloaded and in
10a locked container.
11(c) Unless the purchaser, transferee, or person being
loaned the
12firearm presents clear evidence of the person’s identity and age to
13the dealer.
14(d) Whenever the dealer is notified by the Department of Justice
15that the person is prohibited by state or federal law from possessing,
16receiving, owning, or purchasing a firearm.
17(e) A handgun shall not be delivered unless the purchaser,
18transferee, or person being loaned the handgun presents a handgun
19safety certificate. Commencing January 1, 2015, any firearm,
20including a handgun, shall not be delivered unless the purchaser,
21transferee, or person being loaned the firearm presents a firearm
22safety certificate to the dealer, except that, in the case of a handgun,
23an unexpired handgun safety certificate may be presented.
24(f) A firearm shall not be delivered whenever the dealer is
25notified by the Department of Justice that within the preceding
2630-day period the purchaser has made another application to
27purchase a firearm and that the previous application to purchase
28did not involve any of the entities or circumstances specified in
29subdivision (b) of Section 27535.
Section 27590 of the Penal Code is amended to read:
(a) Except as provided in subdivision (b), (c), or (e),
32a violation of this article is a misdemeanor.
33(b) If any of the following circumstances apply, a violation of
34this article is punishable by imprisonment pursuant to subdivision
35(h) of Section 1170 for two, three, or four years:
36(1) If the violation is of subdivision (a) of Section 27500.
37(2) If the defendant has a prior conviction of violating the
38provisions, other than Section 27535, Section 27560 involving a
39firearm that is not a handgun, or Section 27565 involving a firearm
40that is not a handgun, of this article
or former Section 12100 of
P10 1this code, as Section 12100 read at any time from when it was
2enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
3when it was repealed by Section 18 of Chapter 23 of the Statutes
4of 1994, or Section 8101 of the Welfare and Institutions Code.
5(3) If the defendant has a prior conviction of violating any
6offense specified in Section 29905 or of a violation of Section
732625 or 33410, or of former Section 12560, as that section read
8at any time from when it was enacted by Section 4 of Chapter 931
9of the Statutes of 1965 to when it was repealed by Section 14 of
10Chapter 9 of the Statutes of 1990, or of any provision listed in
11Section 16590.
12(4) If the defendant is in a prohibited class described in Chapter
132 (commencing with Section 29800) or
Chapter 3 (commencing
14with Section 29900) of Division 9, or Section 8100 or 8103 of the
15Welfare and Institutions Code.
16(5) A violation of this article by a person who actively
17participates in a “criminal street gang” as defined in Section 186.22.
18(6) A violation of Section 27510 involving the delivery of any
19firearm to a person who the dealer knows, or should know, is a
20minor.
21(c) If any of the following circumstances apply, a violation of
22this article shall be punished by imprisonment in a county jail not
23exceeding one year or pursuant to subdivision (h) of Section 1170,
24or by a fine not to exceed one thousand dollars ($1,000), or by
25both that fine and imprisonment:
26(1) A violation of Section 27515, 27520, or subdivision (b) of
27Section 27500.
28(2) A violation of Section 27505 involving the sale, loan, or
29transfer of a handgun to a minor.
30(3) A violation of Section 27510 involving the delivery of a
31handgun.
32(4) A violation of subdivision (a), (c), (d), (e), or (f) of Section
3327540 involving a handgun.
34(5) A violation of Section 27545 involving a handgun.
35(6) A violation of Section 27550.
36(7) A violation of Section 27585 involving a handgun.
37(d) If both of the following circumstances apply, an additional
38term of imprisonment pursuant to subdivision (h) of Section 1170
39for one, two, or three years shall be imposed in addition and
40consecutive to the sentence prescribed:
P11 1(1) A violation of Section 27510 or subdivision (b) of Section
227500.
3(2) The firearm transferred in violation of Section 27510 or
4subdivision (b) of Section 27500 is used in the subsequent
5commission of a felony for which a conviction is obtained and the
6prescribed sentence is imposed.
7(e) (1) A first violation of Section 27535 is an infraction
8punishable by a fine of fifty dollars ($50).
9(2) A
second violation of Section 27535 is an infraction
10punishable by a fine of one hundred dollars ($100).
11(3) A third or subsequent violation of Section 27535 is a
12misdemeanor.
13(4) For purposes of this subdivision each application to purchase
14a firearm in violation of Section 27535 shall be deemed a separate
15offense.
Section 1.5 of this bill incorporates amendments to
17Section 26835 of the Penal Code proposed by both this bill and
18Senate Bill 894. It shall only become operative if (1) both bills are
19enacted and become effective on or before January 1, 2017, (2)
20each bill amends Section 26835 of the Penal Code, and (3) this
21bill is enacted after Senate Bill 894, in which case Section 1 of this
22bill shall not become operative.
Section 2.5 of this bill incorporates amendments to
24Section 27535 of the Penal Code proposed by both this bill and
25Senate Bill 894. It shall only become operative if (1) both bills are
26enacted and become effective on or before January 1, 2017, (2)
27each bill amends Section 27535 of the Penal Code, and (3) this
28bill is enacted after Senate Bill 894, in which case Section 2 of this
29bill shall not become operative.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P12 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
O
96