Amended in Senate April 21, 2015

Senate Bill No. 566

Introduced by Senator Bates

February 26, 2015

An act to amend Section begin delete 31700 end delete begin insert 31650 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 566, as amended, Bates. Firearms.

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Existing law authorizes a certified handgun safety instructor to charge a fee of $25 for the issuance of a handgun safety certificate, $15 of which is paid to the Department of Justice to cover the department’s costs in carrying out and enforcing provisions of law relating to handgun safety certificates.

end insert begin insert

This bill would reduce the fee for a handgun safety certificate to $15 for an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, $10 of which is to be paid to the Department of Justice to cover the above-described costs.

end insert begin delete

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.

end delete begin delete

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.

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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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 31650 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

31650.  

(a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c). begin insert end insert begin insert For an
honorably discharged member, the certified instructor may charge
a fee of fifteen dollars ($15), ten dollars ($10) of which is to be
paid to the department pursuant to subdivision (c). end insert

(b) An applicant to renew a firearm safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c). begin insert For an honorably discharged member, the certified instructor
may charge a fee of fifteen dollars ($15), ten dollars ($10) of which
is to be forwarded to the department pursuant to subdivision (c). end insert

(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each firearm safety certificate issued by
that begin delete instructor end delete begin insert instructor, or up to ten dollars ($10) for each
handgun safety certificate issued by that instructor to an honorably
discharged member, end insert to cover the department’s cost in carrying out
and enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.

(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement
Special Fund created pursuant to Section 28300.

(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:

(1) Section 830.95.

(2) Title 2 (commencing with Section 12001) of Part 4.

(3) This part, except Sections 16965, 17235, and 21510.

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(f) This section shall become operative on January 1, 2015.

end delete begin insert

(f) For purposes of this section, “honorably discharged
member” means an honorably discharged member of the United
States Armed Forces, the National Guard, the Air National Guard,
or the active reserve components of the United States, who has
received a United States Department of Defense certificate of
release or discharge from active duty, DD Form 214, indicating
a discharge under honorable conditions.

end insert

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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, 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, 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.

end delete