SB 894, as introduced, Jackson. Firearms: lost or stolen: reports.
(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 require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 5 days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it an infraction for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm.
By creating new crimes, this bill would impose a state-mandated local program.
The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice Automated Firearms System.
By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified.
(2) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person’s handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase.
This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill.
(3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16520 of the Penal Code is amended to
2read:
(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
6combustion.
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.
begin insert15(7) Sections 25250 to 25275, inclusive.
end insert16(7)
end delete17begin insert(8)end insert Sections 26500 to 26588, inclusive.
18(8)
end delete19begin insert(9)end insert Sections 26600 to 27140, inclusive.
20(9)
end delete21begin insert(10)end insert Sections 27400 to 28000, inclusive.
22(10)
end delete23begin insert(11)end insert Section 28100.
24(11)
end delete25begin insert(12)end insert Sections 28400 to 28415, inclusive.
26(12)
end delete27begin insert(13)end insert Sections 29010 to 29150, inclusive.
28(13)
end delete29begin insert(14)end insert Sections 29610 to 29750, inclusive.
30(14)
end delete31begin insert(15)end insert Sections 29800 to 29905, inclusive.
32(15)
end delete33begin insert(16)end insert Sections 30150 to 30165, inclusive.
34(16)
end delete35begin insert(17)end insert Section 31615.
36(17)
end delete37begin insert(18)end insert Sections 31705 to 31830, inclusive.
38(18)
end deleteP4 1begin insert(19)end insert Sections 34355 to 34370, inclusive.
2(19)
end delete
3begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
4Institutions Code.
5(c) As used in the following provisions, “firearm” also includes
6a rocket, rocket propelled projectile launcher, or similar device
7containing an explosive or incendiary material, whether or not the
8device is designed for emergency or distress signaling purposes:
9(1) Section 16750.
10(2) Subdivision (b) of Section 16840.
11(3) Section 25400.
12(4) Sections 25850 to 26025, inclusive.
13(5) Subdivisions (a), (b), and (c) of Section 26030.
14(6) Sections 26035 to 26055, inclusive.
15(d) As used in the following provisions, “firearm” does not
16include an unloaded antique firearm:
17(1) Subdivisions (a) and (c) of Section 16730.
18(2) Section 16550.
19(3) Section 16960.
20(4) Section 17310.
begin insert21(5) Division 4.5 (commencing with Section 25250) of Title 4.
end insert22(5)
end delete
23begin insert(6)end insert Chapter 6 (commencing with Section 26350) of Division 5
24of Title 4.
25(6)
end delete
26begin insert(7)end insert Chapter 7 (commencing with Section 26400) of Division 5
27of Title 4.
28(7)
end delete29begin insert(8)end insert Sections 26500 to 26588, inclusive.
30(8)
end delete31begin insert(9)end insert Sections 26700 to 26915, inclusive.
32(9)
end delete33begin insert(10)end insert Section 27510.
34(10)
end delete35begin insert(11)end insert Section 27530.
36(11)
end delete37begin insert(12)end insert Section 27540.
38(12)
end delete39begin insert(13)end insert Section 27545.
40(13)
end deleteP5 1begin insert(14)end insert Sections 27555 to 27585, inclusive.
2(14)
end delete3begin insert(15)end insert Sections 29010 to 29150, inclusive.
4(15)
end delete5begin insert(16)end insert Section 25135.
6(e) As used in Sections 34005 and 34010, “firearm” does not
7include a destructive device.
8(f) As used in Sections 17280 and 24680, “firearm” has the
9same meaning as in Section 922 of Title 18 of the United States
10Code.
11(g) As used in Sections 29010 to 29150, inclusive, “firearm”
12includes the unfinished frame or receiver of a weapon that can be
13readily converted to the functional condition of a finished frame
14or receiver.
Division 4.5 (commencing with Section 25250) is
16added to Title 4 of Part 6 of the Penal Code, to read:
17
(a) Every person shall report the theft or loss of a
21firearm he or she owns or possesses to a local law enforcement
22agency in the jurisdiction in which the theft or loss occurred within
23five days of the time he or she knew or reasonably should have
24known that the firearm had been stolen or lost.
25(b) Every person who has reported a firearm lost or stolen under
26subdivision (a) shall notify the local law enforcement agency in
27the jurisdiction in which the theft or loss occurred within 48 hours
28if the firearm is subsequently recovered by the person.
Section 25250 does not apply to the following:
30(a) Any law enforcement agency or peace officer acting within
31the course and scope of his or her employment or official duties
32if he or she reports the loss or theft to his or her employing agency.
33(b) Any United States marshal or member of the Armed Forces
34of the United States or the National Guard, while engaged in his
35or her official duties.
36(c) Any person who is licensed, pursuant to Chapter 44
37(commencing with Section 921) of Title 18 of the United States
38Code and the regulations issued pursuant thereto, and who reports
39the theft or loss in accordance with Section 923(g)(6) of Title 18
P6 1
of the United States Code, or the successor provision thereto, and
2applicable regulations issued thereto.
3(d) Any person whose firearm was lost or stolen prior to January
41, 2017.
Pursuant to Section 11108, every sheriff or police chief
6shall submit a description of each firearm which has been reported
7lost or stolen directly into the Department of Justice Automated
8Firearms System.
(a) Every person who violates Section 25250 is, for a
10first violation, guilty of an infraction punishable by a fine not to
11exceed one hundred dollars ($100).
12(b) Every person who violates Section 25250 is, for a second
13violation, guilty of an infraction, punishable by a fine not exceeding
14one thousand dollars ($1,000).
15(c) Every person who violates Section 25250 is, for a third or
16subsequent violation, guilty of a misdemeanor, punishable by
17imprisonment in a county jail not exceeding six months, or by a
18fine not exceeding one thousand dollars ($1,000), or by both that
19fine and imprisonment.
Every person reporting a lost or stolen firearm pursuant
21to Section 25250 shall report the make, model, and serial number
22of the firearm, if known by the person.
It is unlawful to report to a local law enforcement
24agency that a firearm has been lost or stolen, knowing the report
25to be false. A violation of this section is an infraction, punishable
26by a fine not exceeding two hundred fifty dollars ($250) for a first
27offense, and by a fine not exceeding one thousand dollars ($1,000)
28for a second or subsequent offense.
This division does not preclude or preempt a local
30ordinance that imposes additional penalties or requirements in
31regard to reporting the theft or loss of a firearm.
Section 26835 of the Penal Code is amended to read:
A licensee shall post conspicuously within the licensed
34premises the following warnings in block letters not less than one
35inch in height:
36
37(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
38PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
39A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
40USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
P7 1IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
2MISDEMEANOR OR A FELONY UNLESS YOU STORED
3THE FIREARM IN A LOCKED CONTAINER OR LOCKED
4THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
5FROM TEMPORARILY FUNCTIONING.”
6(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
7FIREARM CAPABLE OF BEING CONCEALED UPON THE
8PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
9OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
10GAINS ACCESS TO THE FIREARM, AND CARRIES IT
11OFF-PREMISES, YOU MAY BE GUILTY OF A
12MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
13A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
14A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
15FUNCTIONING.”
16(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
17PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
18A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
19THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
20SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
21GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
22TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
23STORED THE FIREARM IN A LOCKED CONTAINER, OR
24LOCKED THE FIREARM WITH A LOCKING DEVICE.”
25(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
26LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
27CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
28YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
29GUILTY OF A
MISDEMEANOR, INCLUDING A FINE OF UP
30TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
31STORED THE FIREARM IN A LOCKED CONTAINER, OR
32LOCKED THE FIREARM WITH A LOCKING DEVICE.”
33(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
34AREAS, CLEANING FIREARMS, OR HANDLING
35AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
36SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
37REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
38INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
39WASH HANDS THOROUGHLY AFTER EXPOSURE.”
P8 1(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
2DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
3THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
4DAYS AFTER YOU COMPLETE THE INITIAL
5BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
6TO GO THROUGH THE BACKGROUND CHECK PROCESS
7A SECOND TIME IN ORDER TO TAKE PHYSICAL
8POSSESSION OF THAT FIREARM.”
9(g) “NO PERSON SHALL MAKE AN
APPLICATION TO
10PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
11OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
12THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
13DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
14MADE AN APPLICATION TO PURCHASE MORE THAN ONE
15PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
16BEING CONCEALED UPON THE PERSON WITHIN ANY
1730-DAY PERIOD.”
18(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
19STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
20LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
21OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME
22YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
23THE FIREARM HAD BEEN LOST OR STOLEN.”
Section 27535 of the Penal Code is amended to read:
(a) No person shall make an application to purchase
26more than one handgun within any 30-day period.
27(b) Subdivision (a) shall not apply to any of the following:
28(1) Any law enforcement agency.
29(2) Any agency duly authorized to perform law enforcement
30duties.
31(3) Any state or local correctional facility.
32(4) Any private security company licensed to do business in
33California.
34(5) Any person who is properly identified as a full-time paid
35peace
officer, as defined in Chapter 4.5 (commencing with Section
36830) of Title 3 of Part 2, and who is authorized to, and does carry
37a firearm during the course and scope of employment as a peace
38officer.
P9 1(6) Any motion picture, television, or video production company
2or entertainment or theatrical company whose production by its
3nature involves the use of a firearm.
4(7) Any person who may, pursuant to Article 2 (commencing
5with Section 27600), Article 3 (commencing with Section 27650),
6or Article 4 (commencing with Section 27700), claim an exemption
7from the waiting period set forth in Section 27540.
8(8) Any transaction conducted through a licensed firearms dealer
9pursuant to Chapter 5 (commencing with Section 28050).
10(9) Any person who is licensed as a
collector pursuant to Chapter
1144 (commencing with Section 921) of Title 18 of the United States
12Code and the regulations issued pursuant thereto, and has a current
13certificate of eligibility issued by the Department of Justice
14pursuant to Article 1 (commencing with Section 26700) of Chapter
152.
16(10) The exchange of a handgun where the dealer purchased
17that firearm from the person seeking the exchange within the
1830-day period immediately preceding the date of exchange or
19replacement.
20(11) The replacement of a handgun when the person’s handgun
21was lost or stolen, and the person reported that firearm lost or
22stolenbegin insert pursuant to Section 25250end insert prior to the completion of the
23application to purchasebegin delete to any local law enforcement agency of
24the city, county, or city and county in which the person resides.end delete
25begin insert
the replacement handgun.end insert
26(12) The return of any handgun to its owner.
27(13) A community college that is certified by the Commission
28on Peace Officer Standards and Training to present the law
29enforcement academy basic course or other commission-certified
30law enforcement training.
No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution for certain
33costs that may be incurred by a local agency or school district
34because, in that regard, this act creates a new crime or infraction,
35eliminates a crime or infraction, or changes the penalty for a crime
36or infraction, within the meaning of Section 17556 of the
37Government Code, or changes the definition of a crime within the
38meaning of Section 6 of Article XIII B of the California
39Constitution.
P10 1However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs
shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
O
99