Amended in Assembly May 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1695

Introduced by Assembly Member Bonta

January 21, 2016

An act to amend Sections 16520 and 29805 of, and to addbegin delete Sections 29305 and 29310 to,end deletebegin insert Section 29305 to,end insert the Penal Code, relating tobegin delete firearms, and making an appropriation therefor.end deletebegin insert firearms.end insert


AB 1695, as amended, Bonta. Firearms:begin delete notice to purchasers:end delete false reports of stolen firearms.

(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center.

This bill would make it a misdemeanor to report to a local law enforcement agency that a firearm has been lost or stolen, knowing that report to be false. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction. The bill would define “firearm” for these purposes to include the frame or receiver of the weapon, and to include a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material. By creating new crimes, this bill would impose a state-mandated local program.

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(2) Existing law requires the Department of Justice to develop a pamphlet that summarizes California firearms laws, and to offer copies of the pamphlet to firearms dealers for sale to retail purchasers or transferees of firearms.

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This bill would require the Attorney General to send a letter notice to each individual who has applied to purchase a firearm informing him or her of laws relating to firearms, gun trafficking, and safe storage, as provided. The bill would allow the Department of Justice to use funds in the Firearms Safety and Enforcement Special Fund, which is continuously appropriated, to pay for the cost of administering this provision, thereby making an appropriation.

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begin insert(2)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: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1


Section 16520 of the Penal Code is amended to



(a) As used in this part, “firearm” means a device,
4designed to be used as a weapon, from which is expelled through
5a barrel, a projectile by the force of an explosion or other form of

7(b) As used in the following provisions, “firearm” includes the
8frame or receiver of the weapon:

9(1) Section 16550.

10(2) Section 16730.

11(3) Section 16960.

12(4) Section 16990.

13(5) Section 17070.

14(6) Section 17310.

15(7) Sections 26500 to 26588, inclusive.

P3    1(8) Sections 26600 to 27140, inclusive.

2(9) Sections 27400 to 28000, inclusive.

3(10) Section 28100.

4(11) Sections 28400 to 28415, inclusive.

5(12) Sections 29010 to 29150, inclusive.

6(13) Section 29305.

7(14) Sections 29610 to 29750, inclusive.

8(15) Sections 29800 to 29905, inclusive.

9(16) Sections 30150 to 30165, inclusive.

10(17) Section 31615.

11(18) Sections 31705 to 31830, inclusive.

12(19) Sections 34355 to 34370, inclusive.

13(20) Sections 8100, 8101, and 8103 of the Welfare and
14Institutions Code.

15(c) As used in the following provisions, “firearm” also includes
16a rocket, rocket propelled projectile launcher, or similar device
17containing an explosive or incendiary material, whether or not the
18device is designed for emergency or distress signaling purposes:

19(1) Section 16750.

20(2) Subdivision (b) of Section 16840.

21(3) Section 25400.

22(4) Sections 25850 to 26025, inclusive.

23(5) Subdivisions (a), (b), and (c) of Section 26030.

24(6) Sections 26035 to 26055, inclusive.

25(d) As used in the following provisions, “firearm” does not
26include an unloaded antique firearm:

27(1) Subdivisions (a) and (c) of Section 16730.

28(2) Section 16550.

29(3) Section 16960.

30(4) Section 17310.

31(5) Section 25135.

32(6) Chapter 6 (commencing with Section 26350) of Division 5
33of Title 4.

34(7) Chapter 7 (commencing with Section 26400) of Division 5
35of Title 4.

36(8) Sections 26500 to 26588, inclusive.

37(9) Sections 26700 to 26915, inclusive.

38(10) Section 27510.

39(11) Section 27530.

40(12) Section 27540.

P4    1(13) Section 27545.

2(14) Sections 27555 to 27585, inclusive.

3(15) Sections 29010 to 29150, inclusive.

4(16) Section 29305.

5(e) As used in Sections 34005 and 34010, “firearm” does not
6include a destructive device.

7(f) As used in Sections 17280 and 24680, “firearm” has the
8same meaning as in Section 922 of Title 18 of the United States

10(g) As used in Sections 29010 to 29150, inclusive, “firearm”
11includes the unfinished frame or receiver of a weapon that can be
12readily converted to the functional condition of a finished frame
13or receiver.


SEC. 2.  

Section 29305 is added to the Penal Code, to read:



It is unlawful to report to a local law enforcement
16agency that a firearm has been lost or stolen, knowing the report
17to be false. A violation of this section is a misdemeanor.

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SEC. 3.  

Section 29310 is added to the Penal Code, to read:



(a) Within 10 days of submission of any application
20to purchase a firearm, as defined in Section 16190, including
21circumstances in which the waiting period described in Sections
2226815 and 27540 does not apply, the Attorney General shall send
23a notice to the individual who made the application, informing
24him or her of laws relating to firearms, gun trafficking, and safe

26(b) The notice shall include all of the following:

27(1) California law generally requires that all firearms transfers
28be conducted through licensed dealers as provided in Section

30(2) Any exceptions to the requirement that firearms transfers
31be conducted through a dealer have strict limitations.

32(3) California law has strict limitations on the loaning of
33firearms, and on the conditions and circumstances under which a
34firearm may be loaned to another person.

35(4) California law prohibits any person, corporation, or dealer
36from selling, loaning, or transferring a firearm to anyone who is
37not the actual purchaser or transferee of the firearm as provided
38in Section 27515.

P5    1(5) Storage of a firearm where children are likely to gain access
2is a criminal offense if the child obtains access and thereby causes
3death or injury.

4(6) It is a felony under both state and federal law, punishable
5by imprisonment in state or federal prison, to acquire a firearm for
6another person who is prohibited by law from purchasing the
7firearm himself or herself. These transactions are sometimes known
8as a “straw purchase” or “straw acquisition.”

9(7) Cases in which a firearm is found in the possession of a
10person other than the registered owner are fully investigated, and
11in cases where violations are discovered, they are prosecuted to
12the fullest extent of the law by both state and federal authorities.

13(c) The notice shall also contain information about how to obtain
14additional information from the Department of Justice, including
15the department’s Internet Web site.

16(d) The notice shall also include a link to a page on the
17Department of Justice’s Internet Web site containing a summary
18of state firearm laws, which the department shall prepare and
19annually update.

20(e) The Department of Justice is authorized to use funds in the
21Firearms Safety and Enforcement Special Fund to pay for the cost
22of administering this section.

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

Section 29805 of the Penal Code is amended to read:



(a) Except as provided in Section 29855 or subdivision
26(a) of Section 29800, any person who has been convicted of a
27misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
28subdivision (d) of Section 148, Section 171b, paragraph (1) of
29subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241,
30242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
31417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
32Section 12100, as that section read at any time from when it was
33enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
34when it was repealed by Section 18 of Chapter 23 of the Statutes
35of 1994, Section 17500, 17510, 25300, 25800, 29305, 30315, or
3632625, subdivision (b) or (d) of Section 26100, or Section 27510,
37or Section 8100, 8101, or 8103 of the Welfare and Institutions
38Code, any firearm-related offense pursuant to Sections 871.5 and
391001.5 of the Welfare and Institutions Code, or of the conduct
40punished in subdivision (c) of Section 27590, and who, within 10
P6    1years of the conviction, owns, purchases, receives, or has in
2possession or under custody or control, any firearm is guilty of a
3public offense, which shall be punishable by imprisonment in a
4county jail not exceeding one year or in the state prison, by a fine
5not exceeding one thousand dollars ($1,000), or by both that
6imprisonment and fine.

7(b) The court, on forms prescribed by the Department of Justice,
8shall notify the department of persons subject to this section.
9However, the prohibition in this section may be reduced,
10eliminated, or conditioned as provided in Section 29855 or 29860.


begin deleteSEC. 5.end delete
begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California