BILL NUMBER: SB 566	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates

                        FEBRUARY 26, 2015

   An act to amend Section 31700 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 31700 of the Penal Code is amended to read:
   31700.  (a) The following persons, properly identified, are
exempted from the firearm safety certificate requirement in
subdivision (a) of Section 31615:
   (1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
   (2) Any active or honorably retired federal officer or law
enforcement agent.
   (3) Any reserve peace officer, as defined in Section 832.6.
   (4) Any person who has successfully completed the course of
training specified in Section 832.
   (5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
   (6) A federally licensed collector who is acquiring or being
loaned a firearm that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
   (7) A person to whom a firearm is being returned, where the person
receiving the firearm is the owner of the firearm.
   (8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
   (9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

   (10) An  active   active, honorably
discharged,  or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, or the
active reserve components of the United States, where individuals in
those organizations are properly identified. For purposes of this
section, proper identification includes the Armed Forces
Identification Card or other written documentation certifying that
the individual is an  active   active, honorably
discharged,  or honorably retired member.
   (11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
   (12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
   (b) The following persons who take title or possession of a
firearm by operation of law in a representative capacity, until or
unless they transfer title ownership of the firearm to themselves in
a personal capacity, are exempted from the firearm safety certificate
requirement in subdivision (a) of Section 31615:
   (1) The executor or administrator of an estate.
   (2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
   (3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (4) A receiver performing the functions of a receiver.
   (5) A trustee in bankruptcy performing the duties of a trustee.
   (6) An assignee for the benefit of creditors performing the
functions of an assignee.
   (c) A person, validly identified, who has been issued a valid
hunting license that is unexpired or that was issued for the hunting
season immediately preceding the calendar year in which the person
takes title of possession of a firearm is exempt from the firearm
safety certificate requirement in subdivision (a) of Section 31615,
except as to handguns.
   (d) This section shall become operative on January 1, 2015.