SB 566, as introduced, Bates. Firearms.
Existing law, except as specified, prohibits a person from purchasing or receiving any firearm without a valid firearm safety certificate, and prohibits any person from selling, delivering, loaning, or transferring any firearms to any person who does not have a valid firearm safety certificate. Existing law provides that certain classes of persons are exempted from complying with the firearm safety certificate requirement, including, among others, active or honorably retired members of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States.
This bill would additionally exempt honorably discharged members of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States from complying with the firearm safety certificate requirement.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 31700 of the Penal Code is amended to
2read:
(a) The following persons, properly identified, are
2exempted from the firearm safety certificate requirement in
3subdivision (a) of Section 31615:
4(1) Any active or honorably retired peace officer, as defined in
5Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
6(2) Any active or honorably retired federal officer or law
7enforcement agent.
8(3) Any reserve peace officer, as defined in Section 832.6.
9(4) Any person who has successfully completed the course of
10training specified in Section 832.
11(5) A
firearms dealer licensed pursuant to Sections 26700 to
1226915, inclusive, who is acting in the course and scope of that
13person’s activities as a person licensed pursuant to Sections 26700
14to 26915, inclusive.
15(6) A federally licensed collector who is acquiring or being
16loaned a firearm that is a curio or relic, as defined in Section 478.11
17of Title 27 of the Code of Federal Regulations, who has a current
18certificate of eligibility issued by the department pursuant to
19Section 26710.
20(7) A person to whom a firearm is being returned, where the
21person receiving the firearm is the owner of the firearm.
22(8) A family member of a peace officer or deputy sheriff from
23a local agency who receives a firearm pursuant to Section 50081
24of the Government Code.
25(9) Any
individual who has a valid concealed weapons permit
26issued pursuant to Chapter 4 (commencing with Section 26150)
27of Division 5.
28(10) Anbegin delete activeend deletebegin insert active, honorably discharged,end insert
or honorably
29retired member of the United States Armed Forces, the National
30Guard, the Air National Guard, or the active reserve components
31of the United States, where individuals in those organizations are
32properly identified. For purposes of this section, proper
33identification includes the Armed Forces Identification Card or
34other written documentation certifying that the individual is an
35begin delete activeend deletebegin insert active, honorably discharged,end insert or honorably retired member.
36(11) Any person who is authorized to carry loaded firearms
37pursuant to Section 26025 or 26030.
38(12) Persons who are the holders of a special weapons permit
39issued by the department pursuant to Section 32650 or 33300,
40pursuant
to Article 3 (commencing with Section 18900) of Chapter
P3 11 of Division 5 of Title 2, or pursuant to Article 4 (commencing
2with Section 32700) of Chapter 6 of this division.
3(b) The following persons who take title or possession of a
4firearm by operation of law in a representative capacity, until or
5unless they transfer title ownership of the firearm to themselves
6in a personal capacity, are exempted from the firearm safety
7certificate requirement in subdivision (a) of Section 31615:
8(1) The executor or administrator of an estate.
9(2) A secured creditor or an agent or employee thereof when
10the firearms are possessed as collateral for, or as a result of, or an
11agent or employee thereof when the firearms are possessed as
12collateral for, or as a result of, a default under a security agreement
13under the Commercial
Code.
14(3) A levying officer, as defined in Section 481.140, 511.060,
15or 680.260 of the Code of Civil Procedure.
16(4) A receiver performing the functions of a receiver.
17(5) A trustee in bankruptcy performing the duties of a trustee.
18(6) An assignee for the benefit of creditors performing the
19functions of an assignee.
20(c) A person, validly identified, who has been issued a valid
21hunting license that is unexpired or that was issued for the hunting
22season immediately preceding the calendar year in which the person
23takes title of possession of a firearm is exempt from the firearm
24safety certificate requirement in subdivision (a) of Section 31615,
25except as to handguns.
26(d) This section shall become operative on January 1, 2015.
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