SB 894, as amended, 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.begin delete 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.end delete
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.
begin insert(3) This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by this bill, AB 857, and AB 1673, which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last.
end insertbegin insert(4) This bill would also incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and AB 1674, which would become operative only if both bills are enacted and this bill is enacted last.
end insert(3)
end deletebegin insert(5)end insert 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.
15(7) Sections 25250 to 25275, inclusive.
16(8) Sections 26500 to 26588, inclusive.
17(9) Sections 26600 to 27140, inclusive.
18(10) Sections 27400 to 28000, inclusive.
19(11) Section 28100.
20(12) Sections 28400 to 28415, inclusive.
21(13) Sections 29010 to 29150, inclusive.
22(14) Sections 29610 to 29750, inclusive.
23(15) Sections 29800 to 29905, inclusive.
24(16) Sections 30150 to 30165, inclusive.
25(17) Section 31615.
26(18) Sections 31705 to 31830, inclusive.
P4 1(19) Sections 34355 to 34370, inclusive.
2(20) Sections 8100, 8101, and 8103 of the Welfare and
3Institutions Code.
4(c) As used in the following provisions, “firearm” also includes
5a rocket, rocket propelled projectile launcher, or similar device
6containing an explosive or incendiary material, whether or not the
7device is designed for
emergency or distress signaling purposes:
8(1) Section 16750.
9(2) Subdivision (b) of Section 16840.
10(3) Section 25400.
11(4) Sections 25850 to 26025, inclusive.
12(5) Subdivisions (a), (b), and (c) of Section 26030.
13(6) Sections 26035 to 26055, inclusive.
14(d) As used in the following provisions, “firearm” does not
15include an unloaded antique firearm:
16(1) Subdivisions (a) and (c) of Section 16730.
17(2) Section 16550.
18(3) Section 16960.
19(4) Section 17310.
20(5) Division 4.5 (commencing with Section 25250) of Title 4.
21(6) Chapter 6 (commencing with Section 26350) of Division 5
22of Title 4.
23(7) Chapter 7 (commencing with Section 26400) of Division 5
24of Title 4.
25(8) Sections 26500 to 26588, inclusive.
26(9) Sections 26700 to 26915, inclusive.
27(10) Section 27510.
28(11) Section 27530.
29(12) Section 27540.
30(13) Section 27545.
31(14) Sections 27555 to 27585, inclusive.
32(15) Sections 29010 to 29150, inclusive.
33(16) Section 25135.
34(e) As used in Sections 34005 and 34010, “firearm” does not
35include a destructive device.
36(f) As used in Sections 17280 and 24680, “firearm” has the
37same meaning as in Section 922 of Title 18 of the United States
38Code.
39(g) As used in Sections 29010 to 29150, inclusive, “firearm”
40includes the unfinished frame or receiver of a weapon that can be
P5 1readily converted to the functional condition of a finished frame
2or receiver.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) As used in this part, “firearm” means a device,
5designed to be used as a weapon, from which is expelled through
6a barrel, a projectile by the force of an explosion or other form of
7combustion.
8(b) As used in the following provisions, “firearm” includes the
9frame or receiver of the weapon:
10(1) Section 16550.
11(2) Section 16730.
12(3) Section 16960.
13(4) Section 16990.
14(5) Section 17070.
15(6) Section 17310.
begin insert
16
(7) Sections 25250 to 25275, inclusive.
17(7)
end delete18begin insert(8)end insert Sections 26500 to 26588, inclusive.
19(8)
end delete20begin insert(9)end insert Sections 26600 to 27140, inclusive.
21(9)
end delete22begin insert(10)end insert Sections 27400 to 28000, inclusive.
23(10)
end delete24begin insert(11)end insert Section 28100.
25(11)
end delete26begin insert(12)end insert Sections 28400 to 28415, inclusive.
27(12)
end delete28begin insert(13)end insert Sections 29010 to 29150, inclusive.
29(13)
end delete
30
(14) Section 29180.
31begin insert(15)end insert Sections 29610 to 29750, inclusive.
32(14)
end delete33begin insert(16)end insert Sections 29800 to 29905, inclusive.
34(15)
end delete35begin insert(17)end insert Sections 30150 to 30165, inclusive.
36(16)
end delete37begin insert(18)end insert Section 31615.
38(17)
end delete39begin insert(19)end insert Sections 31705 to 31830, inclusive.
40(18)
end deleteP6 1begin insert(20)end insert Sections 34355 to 34370, inclusive.
2(19)
end delete
3begin insert(21)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 insert
21
(5) Division 4.5 (commencing with Section 25250) of Title 4.
22(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 deleteP7 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.
begin insert
6
(17) Section 29180.
7(e) As used in Sections 34005 and 34010, “firearm” does not
8include a destructive device.
9(f) As used in Sections 17280 and 24680, “firearm” has the
10same meaning as in Section 922 of Title 18 of the United States
11Code.
12(g) As used in Sections 29010 to 29150, inclusive, “firearm”
13includes the unfinished frame or receiver of a weapon that can be
14readily converted to the functional condition of a finished frame
15or
receiver.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) As used in this part, “firearm” means a device,
18designed to be used as a weapon, from which is expelled through
19a barrel, a projectile by the force of an explosion or other form of
20combustion.
21(b) As used in the followingbegin delete provisions,end deletebegin insert sections,end insert “firearm”
22includes the frame or receiver of thebegin delete weapon:end deletebegin insert weapon, as defined
23in subdivision (h):end insert
24(1) Section 16550.
25(2) Section 16730.
26(3) Section 16960.
27(4) Section 16990.
28(5) Section 17070.
29(6) Section 17310.
begin insert
30
(7) Sections 25250 to 25275, inclusive.
31(7)
end delete32begin insert(8)end insert Sections 26500 to 26588, inclusive.
33(8)
end delete34begin insert(9)end insert Sections 26600 to 27140, inclusive.
35(9)
end delete36begin insert(10)end insert Sections 27400 to 28000, inclusive.
37(10)
end delete38begin insert(11)end insert Section 28100.
39(11)
end delete40begin insert(1end insertbegin insert2)end insert Sections 28400 to 28415, inclusive.
P8 1(12)
end delete2begin insert(13)end insert Sections 29010 to 29150, inclusive.
3(13)
end delete4begin insert(14)end insert Sections 29610 to 29750, inclusive.
5(14)
end delete6begin insert(15)end insert Sections 29800 to 29905, inclusive.
7(15)
end delete8begin insert(16)end insert Sections 30150 to 30165, inclusive.
9(16)
end delete10begin insert(17)end insert Section 31615.
11(17)
end delete12begin insert(18)end insert Sections 31705 to 31830, inclusive.
13(18)
end delete14begin insert(19)end insert Sections 34355 to 34370, inclusive.
15(19)
end delete
16begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
17Institutions Code.
18(c) As used in the following provisions, “firearm” also includes
19a rocket, rocket propelled projectile launcher, or similar device
20containing an explosive or incendiary material, whether or not the
21device is designed for emergency or distress signaling purposes:
22(1) Section 16750.
23(2) Subdivision (b) of Section 16840.
24(3) Section 25400.
25(4) Sections 25850 to 26025, inclusive.
26(5) Subdivisions (a), (b), and (c) of Section 26030.
27(6) Sections 26035 to 26055, inclusive.
28(d) As used in the following provisions, “firearm” does not
29include an unloaded antique firearm:
30(1) Subdivisions (a) and (c) of Section 16730.
31(2) Section 16550.
32(3) Section 16960.
33(4) Section 17310.
begin insert
34
(5) Division 4.5 (commencing with Section 25250) of Title 4.
35(5)
end delete
36begin insert(6)end insert Chapter 6 (commencing with Section 26350) of Division 5
37of Title 4.
38(6)
end delete
39begin insert(7)end insert Chapter 7 (commencing with Section 26400) of Division 5
40of Title 4.
P9 1(7)
end delete2begin insert(8)end insert Sections 26500 to 26588, inclusive.
3(8)
end delete4begin insert(9)end insert Sections 26700 to 26915, inclusive.
5(9)
end delete6begin insert(10)end insert Section 27510.
7(10)
end delete8begin insert(11)end insert Section 27530.
9(11)
end delete10begin insert(12)end insert Section 27540.
11(12)
end delete12begin insert(13)end insert Section 27545.
13(13)
end delete14begin insert(14)end insert Sections 27555 to 27585, inclusive.
15(14)
end delete16begin insert(1end insertbegin insert5)end insert Sections 29010 to 29150, inclusive.
17(15)
end delete18begin insert(16)end insert Section 25135.
19(e) As used in Sections 34005 and 34010, “firearm” does not
20include a destructive device.
21(f) As used in Sections 17280 and 24680, “firearm” has the
22same meaning as in Section 922 of Title 18 of the United States
23Code.
24(g) As used in Sections 29010 to 29150, inclusive, “firearm”
25includes the unfinished frame or receiver of a weapon that can be
26readily converted to the functional condition of a finished
frame
27or receiver.
28
(h) As used in this section, “frame” and “receiver” means that
29part of a firearm which provides housing for the hammer, bolt, or
30breechblock, and firing mechanism, and which is usually threaded
31at its forward portion to receive the barrel, and includes a frame
32or receiver blank, casting, or machined body that requires further
33machining or molding to be used as part of a functional weapon
34so long as it has been designed and is clearly identifiable as being
35used exclusively as part of a functional weapon.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) As used in this part, “firearm” means a device,
38designed to be used as a weapon, from which is expelled through
39a barrel, a projectile by the force of an explosion or other form of
40combustion.
P10 1(b) As used in the followingbegin delete provisions,end deletebegin insert sections,end insert “firearm”
2includes the frame or receiver of thebegin delete weapon:end deletebegin insert weapon, as defined
3in subdivision (h):end insert
4(1) Section 16550.
5(2) Section 16730.
6(3) Section 16960.
7(4) Section 16990.
8(5) Section 17070.
9(6) Section 17310.
begin insert
10
(7) Sections 25250 to 25275, inclusive.
11(7)
end delete12begin insert(8)end insert Sections 26500 to 26588, inclusive.
13(8)
end delete14begin insert(9)end insert Sections 26600 to 27140, inclusive.
15(9)
end delete16begin insert(10)end insert Sections 27400 to 28000, inclusive.
17(10)
end delete18begin insert(11)end insert Section 28100.
19(11)
end delete20begin insert(12)end insert Sections 28400 to 28415, inclusive.
21(12)
end delete22begin insert(13)end insert Sections 29010 to 29150, inclusive.
23(13)
end delete
24
(14) Section 29180.
25begin insert(15)end insert Sections 29610 to 29750, inclusive.
26(14)
end delete27begin insert(16)end insert Sections 29800 to 29905, inclusive.
28(15)
end delete29begin insert(17)end insert Sections 30150 to 30165, inclusive.
30(16)
end delete31begin insert(1end insertbegin insert8)end insert Section 31615.
32(17)
end delete33begin insert(19)end insert Sections 31705 to 31830, inclusive.
34(18)
end delete35begin insert(20)end insert Sections 34355 to 34370, inclusive.
36(19)
end delete
37begin insert(21)end insert Sections 8100, 8101, and 8103 of the Welfare and
38Institutions Code.
39(c) As used in the following provisions, “firearm” also includes
40a rocket, rocket propelled projectile launcher, or similar device
P11 1containing an explosive or incendiary material, whether or not the
2device is designed for emergency or distress signaling purposes:
3(1) Section 16750.
4(2) Subdivision (b) of Section 16840.
5(3) Section 25400.
6(4) Sections 25850 to 26025, inclusive.
7(5) Subdivisions (a), (b), and (c) of Section 26030.
8(6) Sections 26035 to 26055, inclusive.
9(d) As used in the following provisions, “firearm” does not
10include an unloaded antique firearm:
11(1) Subdivisions (a) and (c) of Section 16730.
12(2) Section 16550.
13(3) Section 16960.
14(4) Section 17310.
begin insert
15
(5) Division 4.5 (commencing with Section 25250) of Title 4.
16(5)
end delete
17begin insert(6)end insert Chapter 6 (commencing with Section 26350) of Division 5
18of Title 4.
19(6)
end delete
20begin insert(7)end insert Chapter 7 (commencing with Section 26400) of Division 5
21of Title 4.
22(7)
end delete23begin insert(8)end insert Sections 26500 to 26588, inclusive.
24(8)
end delete25begin insert(9)end insert Sections 26700 to 26915, inclusive.
26(9)
end delete27begin insert(10)end insert Section 27510.
28(10)
end delete29begin insert(11)end insert Section 27530.
30(11)
end delete31begin insert(12)end insert Section 27540.
32(12)
end delete33begin insert(13)end insert Section 27545.
34(13)
end delete35begin insert(14)end insert Sections 27555 to 27585, inclusive.
36(14)
end delete37begin insert(15)end insert Sections 29010 to 29150, inclusive.
38(15)
end delete39begin insert(16)end insert Section 25135.
begin insert
40
(17) Section 29180.
P12 1(e) As used in Sections 34005 and 34010, “firearm” does not
2include a destructive device.
3(f) As used in Sections 17280 and 24680, “firearm” has the
4same meaning as in Section 922 of Title 18 of the United States
5Code.
6(g) As used in Sections 29010 to 29150, inclusive, “firearm”
7includes the unfinished frame or receiver of a weapon that can be
8readily converted to the functional condition of a finished frame
9or receiver.
10
(h) As used in this section, “frame” and “receiver” means that
11part of a firearm which provides housing for the hammer, bolt, or
12breechblock, and firing mechanism, and which is usually threaded
13at its forward portion to receive the barrel, and includes a frame
14or receiver blank, casting, or machined body that requires further
15machining or molding to be used as part of a functional weapon
16so long as it has been designed and is clearly identifiable as being
17used exclusively as part of a functional weapon.
Division 4.5 (commencing with Section 25250) is
19added to Title 4 of Part 6 of the Penal Code, to read:
20
(a) Every person shall report the theft or loss of a
24firearm he or she owns or possesses to a local law enforcement
25agency in the jurisdiction in which the theft or loss occurred within
26five days of the time he or she knew or reasonably should have
27known that the firearm had been stolen or lost.
28(b) Every person who has reported a firearm lost or stolen under
29subdivision (a) shall notify the local law enforcement agency in
30the jurisdiction in which the theft or loss occurred within 48 hours
31if the firearm is subsequently recovered by the person.
Section 25250 does not apply to the following:
33(a) Any law enforcement agency or peace officer acting within
34the course and scope of his or her employment or official duties
35if he or she reports the loss or theft to his or her employing agency.
36(b) Any United States marshal or member of the Armed Forces
37of the United States or the National Guard, while engaged in his
38or her official duties.
39(c) Any person who is licensed, pursuant to Chapter 44
40(commencing with Section 921) of Title 18 of the United States
P13 1Code and the regulations issued pursuant thereto, and who reports
2the
theft or loss in accordance with Section 923(g)(6) of Title 18
3
of the United States Code, or the successor provision thereto, and
4applicable regulations issued thereto.
5(d) Any person whose firearm was lost or stolen prior to January
61, 2017.
Pursuant to Section 11108, every sheriff or police chief
8shall submit a description of each firearm which has been reported
9lost or stolen directly into the Department of Justice Automated
10Firearms System.
(a) Every person who violates Section 25250 is, for a
12first violation, guilty of an infraction punishable by a fine not to
13exceed one hundred dollars ($100).
14(b) Every person who violates Section 25250 is, for a second
15violation, guilty of an infraction, punishable by a fine not exceeding
16one thousand dollars ($1,000).
17(c) Every person who violates Section 25250 is, for a third or
18subsequent violation, guilty of a misdemeanor, punishable by
19imprisonment in a county jail not exceeding six months, or by a
20fine not exceeding one thousand dollars ($1,000), or by both that
21fine and
imprisonment.
Every person reporting a lost or stolen firearm pursuant
23to Section 25250 shall report the make, model, and serial number
24of the firearm, if known by the person.
It is unlawful to report to a local law enforcement
26agency that a firearm has been lost or stolen, knowing the report
27to be false. A violation of this section is an infraction, punishable
28by a fine not exceeding two hundred fifty dollars ($250) for a first
29offense, and by a fine not exceeding one thousand dollars ($1,000)
30for a second or subsequent offense.
This division does not preclude or preempt a local
32ordinance that imposes additional penalties or requirements in
33regard 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
36premises the following warnings in block letters not less than one
37inch in height:
38
39(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
40PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
P14 1A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
2USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
3IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
4MISDEMEANOR OR A FELONY UNLESS YOU STORED
5THE FIREARM IN A LOCKED CONTAINER OR LOCKED
6THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
7FROM TEMPORARILY FUNCTIONING.”
8(b) “IF YOU KEEP A PISTOL,
REVOLVER, OR OTHER
9FIREARM CAPABLE OF BEING CONCEALED UPON THE
10PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
11OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
12GAINS ACCESS TO THE FIREARM, AND CARRIES IT
13OFF-PREMISES, YOU MAY BE GUILTY OF A
14MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
15A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
16A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
17FUNCTIONING.”
18(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
19PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
20A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
21THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
22SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
23GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
24TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
25STORED THE FIREARM IN A LOCKED CONTAINER, OR
26LOCKED THE FIREARM WITH A LOCKING DEVICE.”
27(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
28LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
29CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
30YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
31GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
32TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
33STORED THE FIREARM IN A LOCKED CONTAINER, OR
34LOCKED THE FIREARM WITH A LOCKING DEVICE.”
35(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
36AREAS, CLEANING FIREARMS, OR HANDLING
37AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
38SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
39REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
P15 1INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
2WASH HANDS THOROUGHLY AFTER EXPOSURE.”
3(f) “FEDERAL REGULATIONS PROVIDE
THAT IF YOU
4DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
5THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
6DAYS AFTER YOU COMPLETE THE INITIAL
7BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
8TO GO THROUGH THE BACKGROUND CHECK PROCESS
9A SECOND TIME IN ORDER TO TAKE PHYSICAL
10POSSESSION OF THAT FIREARM.”
11(g) “NO PERSON SHALL MAKE AN APPLICATION TO
12PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR
13OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
14THE PERSON WITHIN ANY 30-DAY PERIOD AND NO
15DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS
16MADE AN APPLICATION TO PURCHASE MORE THAN ONE
17PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
18BEING CONCEALED UPON THE PERSON WITHIN ANY
1930-DAY PERIOD.”
20(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
21STOLEN, YOU MUST REPORT THE LOSS OR THEFT
TO A
22LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS
23OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME
24YOU KNEW OR REASONABLY SHOULD HAVE KNOWN
25THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
begin insertSection 26835 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
A licensee shall post conspicuously within the licensed
28premises the following warnings in block letters not less than one
29inch in height:
30
31(a) “IF YOU KEEP A LOADED FIREARM WITHIN ANY
32PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
33A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
34USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES
35IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A
36MISDEMEANOR OR A FELONY UNLESS YOU STORED
37THE FIREARM IN A LOCKED CONTAINER OR LOCKED
38THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
39FROM TEMPORARILY FUNCTIONING.”
P16 1(b) “IF YOU KEEP A PISTOL, REVOLVER, OR OTHER
2FIREARM CAPABLE OF BEING CONCEALED UPON THE
3PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY
4OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE
5GAINS ACCESS TO THE FIREARM, AND CARRIES IT
6OFF-PREMISES, YOU MAY BE GUILTY OF A
7MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN
8A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH
9A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
10FUNCTIONING.”
11(c) “IF YOU KEEP ANY FIREARM WITHIN ANY
12PREMISES UNDER YOUR CUSTODY OR CONTROL, AND
13A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO
14THE FIREARM, AND CARRIES IT OFF-PREMISES TO A
15SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE
16GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP
17TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU
18STORED THE FIREARM IN A LOCKED CONTAINER, OR
19LOCKED THE FIREARM WITH A LOCKING DEVICE.”
20(d) “IF YOU NEGLIGENTLY STORE OR LEAVE A
21LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
22CUSTODY OR CONTROL, WHERE A PERSON UNDER 18
23YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE
24GUILTY OF A
MISDEMEANOR, INCLUDING A FINE OF UP
25TO ONE THOUSAND DOLLARS ($1,000), UNLESS YOU
26STORED THE FIREARM IN A LOCKED CONTAINER, OR
27LOCKED THE FIREARM WITH A LOCKING DEVICE.”
28(e) “DISCHARGING FIREARMS IN POORLY VENTILATED
29AREAS, CLEANING FIREARMS, OR HANDLING
30AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
31SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS,
32REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL
33INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES.
34WASH HANDS THOROUGHLY AFTER EXPOSURE.”
35(f) “FEDERAL REGULATIONS PROVIDE THAT IF YOU
36DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM
37THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30
38DAYS AFTER YOU COMPLETE THE INITIAL
39BACKGROUND CHECK PAPERWORK, THEN YOU HAVE
40TO GO THROUGH THE BACKGROUND CHECK PROCESS
P17 1A SECOND TIME IN ORDER TO TAKE PHYSICAL
2POSSESSION OF THAT FIREARM.”
3(g) “NO PERSON SHALL MAKE AN
APPLICATION TO
4PURCHASE MORE THAN ONEbegin delete PISTOL, REVOLVER, OR begin insert FIREARMend insert WITHIN ANY 30-DAY PERIOD AND
5OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
6THE PERSONend delete
7NO DELIVERY SHALL BE MADE TO ANY PERSON WHO
8HAS MADE AN APPLICATION TO PURCHASE MORE THAN
9ONEbegin delete PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE begin insert FIREARMend insert
10OF BEING CONCEALED UPON THE PERSONend delete
11 WITHIN ANY 30-DAY PERIOD.”
12
(h) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR
13STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A
14LOCAL LAW ENFORCEMENT AGENCY WHERE
THE LOSS
15OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME
16YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
17THE FIREARM HAD BEEN LOST OR STOLEN.”
18
Section 27535 of the Penal Code is amended to read:
(a) No person shall make an application to purchase
21more than one handgun within any 30-day period.
22(b) Subdivision (a) shall not apply to any of the following:
23(1) Any law enforcement agency.
24(2) Any agency duly authorized to perform law enforcement
25duties.
26(3) Any state or local correctional facility.
27(4) Any private security company licensed to do business in
28California.
29(5) Any person who is properly identified as a full-time paid
30peace officer, as defined in Chapter 4.5 (commencing with Section
31830) of Title 3 of Part 2, and who is authorized to, and does carry
32a firearm during the course and scope of employment as a peace
33officer.
34(6) Any motion picture, television, or video production company
35or entertainment or theatrical company whose production by its
36nature involves the use of a firearm.
37(7) Any person who may, pursuant to Article 2 (commencing
38with Section 27600), Article 3 (commencing with Section 27650),
39or Article 4 (commencing with Section 27700), claim an exemption
40from the waiting period set forth in Section 27540.
P18 1(8) Any transaction conducted through a licensed
firearms dealer
2pursuant to Chapter 5 (commencing with Section 28050).
3(9) Any person who is licensed as a collector pursuant to Chapter
444 (commencing with Section 921) of Title 18 of the United States
5Code and the regulations issued pursuant thereto, and has a current
6certificate of eligibility issued by the Department of Justice
7pursuant to Article 1 (commencing with Section 26700) of Chapter
82.
9(10) The exchange of a handgun where the dealer purchased
10that firearm from the person seeking the exchange within the
1130-day period immediately preceding the date of exchange or
12replacement.
13(11) The replacement of a handgun when the person’s handgun
14was lost or stolen, and the person reported that firearm lost or
15stolen
pursuant to Section 25250 prior to the completion of the
16application to purchase
the replacement handgun.
17(12) The return of any handgun to its owner.
18(13) A community college that is certified by the Commission
19on Peace Officer Standards and Training to present the law
20enforcement academy basic course or other commission-certified
21law enforcement training.
begin insertSection 27535 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) begin deleteNoend deletebegin insert Aend insert person shallbegin insert notend insert make an application to
24purchase more than onebegin delete handgunend deletebegin insert firearmend insert within any 30-day period.
25(b) Subdivision (a)begin delete shallend deletebegin insert
doesend insert not apply to any of the following:
26(1) Any law enforcement agency.
27(2) Any agency duly authorized to perform law enforcement
28duties.
29(3) Any state or local correctional facility.
30(4) Any private security company licensed to do business in
31California.
32(5) Any person who is properly identified as a full-time paid
33peace officer, as defined in Chapter 4.5 (commencing with Section
34830) of Title 3 of Part 2, and who is authorized to, andbegin delete doesend deletebegin insert does,end insert
35 carry a
firearm during the course and scope of employment as a
36peace officer.
37(6) Any motion picture, television, or video production company
38or entertainment or theatrical company whose production by its
39nature involves the use of a firearm.
P19 1(7) Any person who may, pursuant to Article 2 (commencing
2with Section 27600), Article 3 (commencing with Section 27650),
3or Article 4 (commencing with Section 27700), claim an exemption
4from the waiting period set forth in Section 27540.
5(8) Any transaction conducted through a licensed firearms dealer
6pursuant to Chapter 5 (commencing with Section 28050).
7(9)
end delete
8begin insert(8)end insert Any person who is licensed as a collector pursuant to Chapter
944 (commencing with Section 921) of Title 18 of the United States
10Code and the regulations issued pursuant thereto, and has a current
11certificate of eligibility issued by the Department of Justice
12pursuant to Article 1 (commencing with Section 26700) of Chapter
132.
14(10)
end delete
15begin insert(9)end insert The exchange of abegin delete handgunend deletebegin insert
firearmend insert where the dealer
16purchased that firearm from the person seeking the exchange within
17the 30-day period immediately preceding the date of exchange or
18replacement.
19(11)
end delete
20begin insert(10)end insert The replacement of abegin delete handgunend deletebegin insert firearmend insert when the person’s
21begin delete handgunend deletebegin insert firearmend insert was
lost or stolen, and the person reported that
22firearm lost or stolenbegin insert pursuant to Section 25250end insert prior to the
23completion of the application to purchasebegin delete to any local law begin insert the replacement firearm.end insert
24enforcement agency of the city, county, or city and county in which
25the person resides.end delete
26(12)
end delete
27begin insert(11)end insert The return of anybegin delete handgunend deletebegin insert
firearmend insert to its owner.
28(13)
end delete
29begin insert(12)end insert A community college that is certified by the Commission
30on Peace Officer Standards and Training to present the law
31enforcement academy basic course or other commission-certified
32law enforcement training.
33
(13) A transaction completed through a licensed firearms dealer
34pursuant to Chapter 5 (commencing with Section 28050) if both
35of the following conditions apply:
36
(A) The transferor is an executor or administrator of an estate.
37
(B) The transferee is a person acquiring ownership of the
38firearm by bequest or intestate succession from the estate.
P20 1
(14) The purchase of a firearm that is not a handgun or a
2finished frame or receiver by a person who has been issued a valid
3hunting license by the state.
4
(15) The purchase of a firearm that is not a handgun acquired
5at an auction or similar event conducted by a nonprofit public
6benefit or mutual benefit corporation to fund the activities of
that
7corporation or local chapters of that corporation.
(a) Section 1.1 of this bill incorporates amendments
9to Section 16520 of the Penal Code proposed by both this bill and
10Assembly Bill 857. It shall only become operative if (1) both bills
11are enacted and become effective on or before January 1, 2017,
12(2) each bill amends Section 16520 of the Penal Code, and (3)
13Assembly Bill 1673 is not enacted or as enacted does not amend
14that section, and (4) this bill is enacted after Assembly Bill 857,
15in which case Sections 1, 1.2, and 1.3 of this bill shall not become
16operative.
17
(b) Section 1.2 of this bill incorporates amendments to Section
1816520 of the Penal Code proposed by both this bill and Assembly
19Bill 1673. It shall only become operative if (1) both bills are
20enacted and become effective on or before January 1, 2017, (2)
21each bill amends Section 16520 of the Penal Code, (3) Assembly
22Bill 857 is not enacted or as enacted does not amend that section,
23and (4) this bill is enacted after Assembly Bill 1673, in which case
24Sections 1, 1.1, and 1.3 of this bill shall not become operative.
25
(c) Section 1.3 of this bill incorporates amendments to Section
2616520 of the Penal Code proposed by this bill, Assembly Bill 857,
27and Assembly Bill 1673. It shall only become operative if (1) all
28three bills are enacted and become effective on or before January
291, 2017, (2) all three bills amend Section 16520 of the Penal Code,
30and (3) this bill is enacted after Assembly Bill 857 and Assembly
31Bill 1673, in which case
Sections 1, 1.1, and 1.2 of this bill shall
32not become operative.
Section 3.5 of this bill incorporates amendments to
34Section 26835 of the Penal Code proposed by both this bill and
35Assembly Bill 1674. It shall only become operative if (1) both bills
36are enacted and become effective on or before January 1, 2017,
37(2) each bill amends Section 26835 of the Penal Code, and (3) this
38bill is enacted after Assembly Bill 1674, in which case Section 3
39of this bill shall not become operative.
Section 4.5 of this bill incorporates amendments to
2Section 27535 of the Penal Code proposed by both this bill and
3Assembly Bill 1674. It shall only become operative if (1) both bills
4are enacted and become effective on or before January 1, 2017,
5(2) each bill amends Section 27535 of the Penal Code, and (3) this
6bill is enacted after Assembly Bill 1674, in which case Section 4
7of this bill shall not become operative.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution for certain
11costs that may be incurred by a local agency or school district
12because, in that regard, this act creates a new crime or infraction,
13eliminates a crime or infraction, or changes the penalty for a crime
14or infraction, within the meaning of Section 17556 of the
15Government Code, or changes the definition of a crime within the
16meaning of Section 6 of Article XIII B of the California
17Constitution.
18However, if the Commission on State Mandates determines that
19this act contains other costs mandated by the state, reimbursement
20to local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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