Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2229

Introduced by Assembly Member Grove

February 18, 2016

An act to amend begin delete Section 27500 end delete begin insert Sections 26805, 26815, 27540, and 28220 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2229, as amended, Grove. Firearms.

begin insert

Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. Existing law, subject to exceptions, imposes a 10-day waiting period for delivery of a firearm, during which time a background check is conducted by the Department of Justice to determine if the proposed recipient of the firearm is prohibited from owning or possessing a firearm.

end insert begin insert

This bill would require a firearms dealer to immediately release a firearm to a recipient who is not prohibited from possessing, receiving, owning, or purchasing a firearm if the person is authorized to carry a concealed firearm, possesses a valid Certificate of Eligibility, or owns a firearm registered with the department, as specified. The bill would make additional conforming changes.

end insert begin delete

Existing law prohibits specified persons from owning, purchasing, receiving, or having in their possession any firearm. Existing law prohibits selling, supplying, delivering, or giving possession or control of a firearm to those persons.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 26805 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

26805.  

(a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license.

(b) (1) A person licensed pursuant to Sections 26700 and 26705
may take possession of firearms and commence preparation of
registers for the sale, delivery, or transfer of firearms at any gun
show or event, as defined in Section 478.100 of Title 27 of the
Code of Federal Regulations, or its successor, if the gun show or
event is not conducted from any motorized or towed vehicle. A
person conducting business pursuant to this subdivision shall be
entitled to conduct business as authorized herein at any gun show
or event in the state, without regard to the jurisdiction within this
state that issued the license pursuant to Sections 26700 and 26705,
provided the person complies with all applicable laws, including,
but not limited to, the waiting period specified in begin delete subdivision (a)
of end delete Section 26815, and all applicable local laws, regulations, and
fees, if any.

(2) A person conducting business pursuant to this subdivision
shall publicly display the person’s license issued pursuant to
Sections 26700 and 26705, or a facsimile thereof, at any gun show
or event, as specified in this subdivision.

(c) (1) A person licensed pursuant to Sections 26700 and 26705
may engage in the sale and transfer of firearms other than
handguns, at events specified in Sections 26955, 27655, 27900,
and 27905, subject to the prohibitions and restrictions contained
in those sections.

(2) A person licensed pursuant to Sections 26700 and 26705
may also accept delivery of firearms other than handguns, outside
the building designated in the license, provided the firearm is being
donated for the purpose of sale or transfer at an auction or similar
event specified in Section 27900.

(d) The firearm may be delivered to the purchaser, transferee,
or person being loaned the firearm at one of the following places:

(1) The building designated in the license.

(2) The places specified in subdivision (b) or (c).

(3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 26815 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

26815.  

begin delete No end delete begin insert (a) end insert begin insert   end insert begin insert A end insert firearm shall begin insert not end insert be delivered:

begin delete

(a)

end delete

begin insert (1) end insert  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.

begin delete

(b)

end delete

begin insert (2) end insert  Unless unloaded and securely wrapped or unloaded and in
a locked container.

begin delete

(c)

end delete

begin insert (3) end insert  Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person’s identity and age to
the dealer.

begin delete

(d)

end delete

begin insert (4) end insert  Whenever the dealer is notified by the Department of Justice
that the person is prohibited by state or federal law from processing,
owning, purchasing, or receiving a firearm. The dealer shall make
available to the person in the prohibited class a prohibited notice
and transfer form, provided by the department, stating that the
person is prohibited from owning or possessing a firearm, and that
the person may obtain from the department the reason for the
prohibition.

begin insert

(b) Notwithstanding paragraph (1) of subdivision (a), if the
department determines, pursuant to Section 28220, that the person
is not prohibited from possessing, receiving, owning, or purchasing
a firearm and if the sale, delivery, loan, or transfer of the firearm
is to a person who satisfies one of the following conditions, the
dealer shall immediately release the firearm to the person:

end insert begin insert

(1) The person holds a valid license to carry a concealed firearm
issued pursuant to Section 26150 or 26155.

end insert begin insert

(2) The person holds a valid certificate of eligibility from the
Department of Justice issued pursuant to Section 26710.

end insert begin insert

(3) The person has a firearm registered to him or her in the
Automated Firearms System or other Department of Justice
database.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 27540 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27540.  

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

begin delete

(a)

end delete

begin insert (1) end insert  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.

begin delete

(b)

end delete

begin insert (2) end insert  Unless unloaded and securely wrapped or unloaded and in
a locked container.

begin delete

(c)

end delete

begin insert (3) end insert  Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of the person’s identity and age to
the dealer.

begin delete

(d)

end delete

begin insert (4) end insert  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.

begin delete

(e)

end delete

begin insert (5) end insert  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 that in the case of a handgun,
an unexpired handgun safety certificate may be presented.

begin delete

(f)

end delete

begin insert (6) end insert  A handgun 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 handgun and that the previous application to purchase
begin delete involved none end delete begin insert did not involve any end insert of the entities begin insert or circumstances end insert
specified in subdivision (b) of Section 27535.

begin insert

(b) Notwithstanding paragraph (1) of subdivision (a), if the
department determines, pursuant to Section 28220, that the person
is not prohibited from possessing, receiving, owning, or purchasing
a firearm, and if the sale, delivery, loan, or transfer of the firearm
is to a person who satisfies one of the following conditions, the
dealer shall immediately release the firearm to the person:

end insert begin insert

(1) The person holds a valid license to carry a concealed firearm
issued pursuant to Section 26150 or 26155.

end insert begin insert

(2) The person holds a valid certificate of eligibility from the
Department of Justice issued pursuant to Section 26710.

end insert begin insert

(3) The person has a firearm registered to him or her in the
Automated Firearms System or other Department of Justice
database.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 28220 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

28220.  

(a) Upon submission of firearm purchaser information,
the Department of Justice shall examine its records, as well as
those records that it is authorized to request from the State
Department of State Hospitals pursuant to Section 8104 of the
Welfare and Institutions Code, in order to determine if the
purchaser is a person described in subdivision (a) of Section 27535,
or is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.

(b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section
922 of Title 18 of the United States Code, and, if that participation
is implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was
made, or if the sale was made in a district in which there is no
municipal police department, the sheriff of the county in which
the sale was made, that the purchaser is a person prohibited from
acquiring a firearm under federal law.

(c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which
the sale was made, or if the sale was made in a district in which
there is no municipal police department, the sheriff of the county
in which the sale was made, of that fact.

begin insert

(d) If the department determines, pursuant to this section, that
the person is not a person described in subdivision (a) of Section
27535 and is not prohibited from possessing, receiving, owning,
or purchasing a firearm, and if the sale, delivery, loan, or transfer
of the firearm is to a person who satisfies one of the following
conditions, the dealer shall immediately release the firearm to the
person:

end insert begin insert

(1) The person holds a valid license to carry a concealed firearm
issued pursuant to Section 26150 or 26155.

end insert begin insert

(2) The person holds a valid certificate of eligibility from the
Department of Justice issued pursuant to Section 26710.

end insert begin insert

(3) The person has a firearm registered to him or her in the
Automated Firearms System or other Department of Justice
database.

end insert begin delete

(d)

end delete

begin insert (e) end insert  If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify
the dealer of that fact. Upon notification by the department, the
dealer shall submit corrected copies of the register to the
department, or shall submit any fee required pursuant to Section
28225, or both, as appropriate and, if notification by the department
is received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

begin delete

(e)

end delete

begin insert (f) end insert  If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the
handgun or other firearm to be purchased, or if the fee required
pursuant to Section 28225 is not transmitted by the dealer in
conjunction with transmission of the electronic or telephonic
record, the department may notify the dealer of that fact. Upon
notification by the department, the dealer shall transmit corrections
to the record of electronic or telephonic transfer to the department,
or shall transmit any fee required pursuant to Section 28225, or
both, as appropriate, and if notification by the department is
received by the dealer at any time prior to delivery of the firearm
to be purchased, the dealer shall withhold delivery until the
conclusion of the waiting period described in Sections 26815 and
27540.

begin delete

(f)

end delete

begin insert (g) end insert  (1) (A) The department shall immediately notify the dealer
to delay the transfer of the firearm to the purchaser if the records
of the department, or the records available to the department in
the National Instant Criminal Background Check System, indicate
one of the following:

(i) The purchaser has been taken into custody and placed in a
facility for mental health treatment or evaluation and may be a
person described in Section 8100 or 8103 of the Welfare and
Institutions Code and the department is unable to ascertain whether
the purchaser is a person who is prohibited from possessing,
receiving, owning, or purchasing a firearm, pursuant to Section
8100 or 8103 of the Welfare and Institutions Code, prior to the
conclusion of the waiting period described in Sections 26815 and
27540.

(ii) The purchaser has been arrested for, or charged with, a crime
that would make him or her, if convicted, a person who is
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm, and the department is unable to
ascertain whether the purchaser was convicted of that offense prior
to the conclusion of the waiting period described in Sections 26815
and 27540.

(iii) The purchaser may be a person described in subdivision
(a) of Section 27535, and the department is unable to ascertain
whether the purchaser, in fact, is a person described in subdivision
(a) of Section 27535, prior to the conclusion of the waiting period
described in Sections 26815 and 27540.

(B) The dealer shall provide the purchaser with information
about the manner in which he or she may contact the department
regarding the delay described in subparagraph (A).

(2) The department shall notify the purchaser by mail regarding
the delay and explain the process by which the purchaser may
obtain a copy of the criminal or mental health record the
department has on file for the purchaser. Upon receipt of that
criminal or mental health record, the purchaser shall report any
inaccuracies or incompleteness to the department on an approved
form.

(3) If the department ascertains the final disposition of the arrest
or criminal charge, or the outcome of the mental health treatment
or evaluation, or the purchaser’s eligibility to purchase a firearm,
as described in paragraph (1), after the waiting period described
in Sections 26815 and 27540, but within 30 days of the dealer’s
original submission of the purchaser information to the department
pursuant to this section, the department shall do the following:

(A) If the purchaser is not a person described in subdivision (a)
of Section 27535, and is not prohibited by state or federal law,
including, but not limited to, Section 8100 or 8103 of the Welfare
and Institutions Code, from possessing, receiving, owning, or
purchasing a firearm, the department shall immediately notify the
dealer of that fact and the dealer may then immediately transfer
the firearm to the purchaser, upon the dealer’s recording on the
register or record of electronic transfer the date that the firearm is
transferred, the dealer signing the register or record of electronic
transfer indicating delivery of the firearm to that purchaser, and
the purchaser signing the register or record of electronic transfer
acknowledging the receipt of the firearm on the date that the
firearm is delivered to him or her.

(B) If the purchaser is a person described in subdivision (a) of
Section 27535, or is prohibited by state or federal law, including,
but not limited to, Section 8100 or 8103 of the Welfare and
Institutions Code, from possessing, receiving, owning, or
purchasing a firearm, the department shall immediately notify the
dealer and the chief of the police department in the city or city and
county in which the sale was made, or if the sale was made in a
district in which there is no municipal police department, the sheriff
of the county in which the sale was made, of that fact in compliance
with subdivision begin delete (c) of Section 28220. end delete begin insert (c). end insert

(4) If the department is unable to ascertain the final disposition
of the arrest or criminal charge, or the outcome of the mental health
treatment or evaluation, or the purchaser’s eligibility to purchase
a firearm, as described in paragraph (1), within 30 days of the
dealer’s original submission of purchaser information to the
department pursuant to this section, the department shall
immediately notify the dealer and the dealer may then immediately
transfer the firearm to the purchaser, upon the dealer’s recording
on the register or record of electronic transfer the date that the
firearm is transferred, the dealer signing the register or record of
electronic transfer indicating delivery of the firearm to that
purchaser, and the purchaser signing the register or record of
electronic transfer acknowledging the receipt of the firearm on the
date that the firearm is delivered to him or her.

begin delete

SECTION 1.  

Section 27500 of the Penal Code is amended to
read:

27500.  

(a) A person, corporation, or firm shall not knowingly
sell, supply, deliver, or give possession or control of a firearm to
any person within any of the classes prohibited by Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9.

(b) A person, corporation, or dealer shall not sell, supply,
deliver, or give possession or control of a firearm to anyone whom
the person, corporation, or dealer has cause to believe is within
any of the classes prohibited by Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900)
of Division 9 of this title, or Section 8100 or 8103 of the Welfare
and Institutions Code.

end delete