SB 1407, as introduced, De León. Firearms: identifying information.
Existing law authorizes the Department of Justice to assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification, or whenever the manufacturer’s number or other mark of identification or distinguishing number or mark assigned by the department has been destroyed or obliterated.
This bill would, commencing July 1, 2018, require a person who manufactures or assembles a firearm to first apply to the department for a unique serial number or other identifying mark, as provided. The bill would, by January 1, 2019, require any person who, as of July 1, 2018, owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. The bill would prohibit the sale or transfer of ownership of a firearm manufactured or assembled pursuant to these provisions. The bill would prohibit a person from aiding in the manufacture or assembly of a firearm by a person who is prohibited from possessing a firearm. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
The bill would require the department to issue a serial number or other identifying mark to an applicant meeting specified criteria and would allow the department to charge a fee to recover its costs associated with assigning a distinguishing number or mark pursuant to the above provisions.
Existing law allows an individual to request that the Department of Justice perform a firearms eligibility check for that individual. Existing law makes it a misdemeanor for a person or agency to require or request an individual to obtain a firearms eligibility check.
This bill would require a person to complete a firearms eligibility check before the department may grant an application for the assignment of a serial number or mark of identification. The bill would exempt this provision from the above prohibition on requiring or requesting an individual to obtain a firearms eligibility check.
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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11106 of the Penal Code is amended to
(a) (1) In order to assist in the investigation of crime,
4the prosecution of civil actions by city attorneys pursuant to
5paragraph (3) of subdivision (b), the arrest and prosecution of
6criminals, and the recovery of lost, stolen, or found property, the
7Attorney General shall keep and properly file a complete record
8of all of the following:
9(A) All copies of fingerprints.
10(B) Copies of licenses to carry firearms issued pursuant to
11Section 26150, 26155, 26170, or 26215.
12(C) Information reported to the Department of Justice pursuant
13to Section 26225, 27875, 27920, or 29830.
14(D) Dealers’ records of sales of firearms.
15(E) Reports provided pursuant to Article 1 (commencing with
16Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
17pursuant to any provision listed in subdivision (a) of Section 16585.
P3 1(F) Forms provided pursuant to Section 12084, as that section
2read prior to being repealed on January 1, 2006.
3(G) Reports provided pursuant to Article 1 (commencing with
4Section 26700) and Article 2 (commencing with Section 26800)
5of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
6records of sales of firearms.
7(H) Information provided pursuant to Section 28255.
8(I) Reports of stolen, lost, found, pledged, or pawned property
9in any city or county of this state.
10(2) The Attorney General shall, upon proper application therefor,
11furnish the information to the officers referred to in Section 11105.
12(b) (1) The Attorney General shall permanently keep and
13properly file and maintain all information reported to the
14Department of Justice pursuant to the following provisions as to
15firearms and maintain a registry thereof:
16(A) Article 1 (commencing with Section 26700) and Article 2
17(commencing with Section 26800) of Chapter 2 of Division 6 of
18Title 4 of Part 6.
19(B) Article 1 (commencing with Section 27500) of Chapter 4
20of Division 6 of Title 4 of Part 6.
21(C) Chapter 5 (commencing with Section 28050) of Division 6
22of Title 4 of Part 6.
23(D) Any provision listed in subdivision (a) of Section 16585.
24(E) Former Section 12084.
25(F) Section 28255.
28 Any other law.
29(2) The registry shall consist of all of the following:
30(A) The name, address, identification of, place of birth (state
31or country), complete telephone number, occupation, sex,
32description, and all legal names and aliases ever used by the owner
33or person being loaned the particular firearm as listed on the
34information provided to the department on the Dealers’ Record of
35Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
36in former Section 12084, or reports made to the department
37pursuant to any provision listed in subdivision (a) of Section 16585,
begin delete 28255,end delete or any other law.
39(B) The name and
address of, and other information about, any
40person (whether a dealer or a private party) from whom the owner
P4 1acquired or the person being loaned the particular firearm and
2when the firearm was acquired or loaned as listed on the
3information provided to the department on the Dealers’ Record of
4Sale, the LEFT, or reports made to the department pursuant to any
5provision listed in subdivision (a) of Section 16585 or any other
7(C) Any waiting period exemption applicable to the transaction
8which resulted in the owner of or the person being loaned the
9particular firearm acquiring or being loaned that firearm.
10(D) The manufacturer’s name if stamped on the firearm, model
11name or number if stamped on the firearm, and, if applicable, the
12serial number, other number (if more than one serial number is
13stamped on the firearm), caliber, type of firearm, if the firearm is
14new or used, barrel length, and color of the firearm, or, if the
15firearm is not a handgun and does not have a serial number or any
16identification number or mark assigned to it, that shall be noted.
17(3) Information in the registry referred to in this subdivision
18shall, upon proper application therefor, be furnished to the officers
19referred to in Section 11105, to a city attorney prosecuting a civil
20action, solely for use in prosecuting that civil action and not for
21any other purpose, or to the person listed in the registry as the
22owner or person who is listed as being loaned the particular firearm.
23(4) If any person is listed in the registry as the owner of a firearm
24through a Dealers’ Record of Sale prior to 1979, and the person
25listed in the registry requests by letter that the Attorney General
26store and keep the record electronically, as well as in the record’s
27existing photographic, photostatic, or nonerasable optically stored
28form, the Attorney General shall do so within three working days
29of receipt of the request. The Attorney General shall, in writing,
30and as soon as practicable, notify the person requesting electronic
31storage of the record that the request has been honored as required
32by this paragraph.
33(c) (1) If the conditions specified in paragraph (2) are met, any
34officer referred to in paragraphs (1) to (6), inclusive, of subdivision
35(b) of Section 11105 may disseminate the name of the subject of
36the record, the number of the firearms listed in the record, and the
37description of any firearm, including the make, model, and caliber,
38from the record relating to any firearm’s sale, transfer, registration,
39or license record, or any information reported to the Department
40of Justice pursuant to any of the following:
P5 1(A) Section 26225, 27875, or 27920.
2(B) Article 1 (commencing with Section 26700) and Article 2
3(commencing with Section 26800) of Chapter 2 of Division 6 of
4Title 4 of Part 6.
5(C) Article 1 (commencing with Section 27500) of Chapter 4
6of Division 6 of Title 4 of Part 6.
7(D) Chapter 5 (commencing with Section 28050) of Division
86 of Title 4 of Part 6.
9(E) Article 2 (commencing with Section 28150) of Chapter 6
10of Division 6 of Title 4 of Part 6.
11(F) Article 5 (commencing with Section 30900) of Chapter 2
12of Division 10 of Title 4 of Part 6.
13(G) Chapter 2 (commencing with Section 33850) of Division
1411 of Title 4 of Part 6.
15(H) Any provision listed in subdivision (a) of Section 16585.
16(2) Information may be disseminated pursuant to paragraph (1)
17only if all of the following conditions are satisfied:
18(A) The subject of the record has been arraigned for a crime in
19which the victim is a person described in subdivisions (a) to (f),
20inclusive, of Section 6211 of the Family Code and is being
21prosecuted or is serving a sentence for the crime, or the subject of
22the record is the subject of an emergency protective order, a
23temporary restraining order, or an order after hearing, which is in
24effect and has been issued by a family court under the Domestic
25Violence Protection Act set forth in Division 10 (commencing
26with Section 6200) of the Family Code.
27(B) The information is
disseminated only to the victim of the
28crime or to the person who has obtained the emergency protective
29order, the temporary restraining order, or the order after hearing
30issued by the family court.
31(C) Whenever a law enforcement officer disseminates the
32information authorized by this subdivision, that officer or another
33officer assigned to the case shall immediately provide the victim
34of the crime with a “Victims of Domestic Violence” card, as
35specified in subparagraph (H) of paragraph (9) of subdivision (c)
36of Section 13701.
37(3) The victim or person to whom information is disseminated
38pursuant to this subdivision may disclose it as he or she deems
39necessary to protect himself or herself or another person from
40bodily harm by the person who is the subject of the record.
Section 16520 of the Penal Code is amended to read:
(a) As used in this part, “firearm” means a device,
3designed to be used as a weapon, from which is expelled through
4a barrel, a projectile by the force of an explosion or other form of
6(b) As used in the following provisions, “firearm” includes the
7frame or receiver of the weapon:
8(1) Section 16550.
9(2) Section 16730.
10(3) Section 16960.
11(4) Section 16990.
12(5) Section 17070.
13(6) Section 17310.
14(7) Sections 26500 to 26588, inclusive.
15(8) Sections 26600 to 27140, inclusive.
16(9) Sections 27400 to 28000, inclusive.
17(10) Section 28100.
18(11) Sections 28400 to 28415, inclusive.
19(12) Sections 29010 to 29150, inclusive.
22 Sections 29610 to 29750, inclusive.
24 Sections 29800 to 29905, inclusive.
26 Sections 30150 to 30165, inclusive.
28 Section 31615.
30 Sections 31705 to 31830, inclusive.
32 Sections 34355 to 34370, inclusive.
34 Sections 8100, 8101, and 8103 of the Welfare and
36(c) As used in the following provisions, “firearm” also includes
37a rocket, rocket propelled projectile launcher, or similar device
38containing an explosive or incendiary material, whether or not the
39device is designed for emergency or distress signaling purposes:
40(1) Section 16750.
P7 1(2) Subdivision (b) of Section 16840.
2(3) Section 25400.
3(4) Sections 25850 to 26025, inclusive.
4(5) Subdivisions (a), (b), and (c) of Section 26030.
5(6) Sections 26035 to 26055, inclusive.
6(d) As used in the following provisions, “firearm” does not
7include an unloaded antique firearm:
8(1) Subdivisions (a) and (c) of Section 16730.
9(2) Section 16550.
10(3) Section 16960.
11(4) Section 17310.
12(5) Chapter 6 (commencing with Section 26350) of Division 5
13of Title 4.
14(6) Chapter 7 (commencing with Section 26400) of Division 5
15of Title 4.
16(7) Sections 26500 to 26588, inclusive.
17(8) Sections 26700 to 26915, inclusive.
18(9) Section 27510.
19(10) Section 27530.
20(11) Section 27540.
21(12) Section 27545.
22(13) Sections 27555 to 27585, inclusive.
23(14) Sections 29010 to 29150, inclusive.
24(15) Section 25135.
26(e) As used in Sections 34005 and 34010, “firearm” does not
27include a destructive device.
28(f) As used in Sections 17280 and 24680, “firearm” has the
29same meaning as in Section 922 of Title 18 of the United States
31(g) As used in Sections 29010 to 29150, inclusive, “firearm”
32includes the unfinished frame or receiver of a weapon that can be
33readily converted to the functional condition of a finished frame
Section 23910 of the Penal Code is amended to read:
The Department of Justice upon request may assign
37a distinguishing number or mark of identification to any firearm
38whenever the firearm lacks a manufacturer’s number or other mark
39of identification, or whenever the manufacturer’s number or other
40mark of identification or a distinguishing number or mark assigned
P8 1by the department has been destroyed or
begin delete obliterated.end delete
Chapter 3 (commencing with Section 29180) is added
6to Division 7 of Title 4 of Part 6 of the Penal Code, to read:
(a) For purposes of this chapter, “manufacturing” or
11“assembling” a firearm means to fabricate or construct a firearm,
12or to fit together the component parts of a firearm to construct a
14(b) Commencing July 1, 2018, prior to manufacturing or
15assembling a firearm, a person manufacturing or assembling the
16firearm shall do all of the following:
17(1) Apply to the Department of Justice for a unique serial
18number or other mark of identification pursuant to Section 29182.
19(2) (A) Within 10 days of manufacturing or assembling a
20firearm in accordance with paragraph (1), the unique serial number
21or other mark of identification provided by the department shall
22be engraved or permanently affixed to the firearm in a manner that
23meets or exceeds the requirements imposed on licensed importers
24and licensed manufacturers of firearms pursuant to subsection (i)
25of Section 923 of Title 18 of the United States Code and regulations
26issued pursuant thereto.
27(B) If the firearm is manufactured or assembled from polymer
28plastic, 3.7 ounces of material type 17-4 PH stainless steel shall
29be embedded within the plastic upon fabrication or construction
30with the unique serial number engraved or otherwise permanently
31affixed in a manner that meets or exceeds the requirements imposed
32on licensed importers and licensed manufacturers of firearms
33pursuant to subsection (i) of Section 923 of Title 18 of the United
34States Code and regulations issued pursuant thereto.
35(3) After the serial number
provided by the department is
36engraved or otherwise permanently affixed to the firearm, the
37person shall notify the department of that fact in a manner and
38within a time period specified by the department, and with
39sufficient information to identify the owner of the firearm, the
40unique serial number or mark of identification provided by the
P9 1department, and the firearm in a manner prescribed by the
3(c) By January 1, 2019, any person who, as of July 1, 2018,
4owns a firearm that does not bear a serial number assigned to it
5pursuant to either Section 23910 or pursuant to Chapter 44
6(commencing with Section 921) of Title 18 of the United States
7Code and the regulations issued pursuant thereto, shall do all of
9(1) Apply to the Department of Justice for a unique serial
10number or other mark of identification pursuant to Section 29182.
11(2) Within 10 days of receiving a unique serial number or other
12mark of identification from the department, the unique serial
13number or other mark of identification provided by the department
14shall be engraved or permanently affixed to the firearm in
15accordance with regulations prescribed by the department pursuant
16to Section 29182 and in a manner that meets or exceeds the
17requirements imposed on licensed importers and licensed
18manufacturers of firearms pursuant to subsection (i) of Section
19923 of Title 18 of the United States Code and regulations issued
21(3) After the serial number provided by the department is
22engraved or otherwise permanently affixed to the firearm, the
23person shall notify the department of that fact in a manner and
24within a time period specified by the department, and with
25sufficient information to identify the owner of the firearm, the
26unique serial number or mark of identification provided by the
27department, and the firearm in a manner prescribed by the
29(d) (1) The sale or transfer of ownership of a firearm
30manufactured or assembled pursuant to this section is prohibited.
31(2) Paragraph (1) shall not apply to the transfer, surrender, or
32sale of a firearm to a law enforcement agency.
33(3) Any firearms surrendered, transferred, or sold to a local law
34enforcement agency pursuant to paragraph (2) shall be destroyed
35as provided in Section 18005.
36(4) Sections 26500 and 27545, and subdivision (a) of Section
3731615, shall not apply to the transfer, sale, or surrender of firearms
38to a law enforcement agency pursuant to paragraph (2).
39(e) A person, corporation, or firm shall not knowingly allow,
40facilitate, aid, or abet the manufacture or assembling of a firearm
P10 1pursuant to this section by a person who is within any of the classes
2identified by Chapter 2 (commencing with Section 29800) or
3Chapter 3 (commencing with Section 29900) of Division 9 of this
4code, or Section 8100 or 8103 of the Welfare and Institutions Code.
5(f) If the firearm is a handgun, a violation of this section is
6punishable by imprisonment in a county jail not to exceed one
7year, or by a fine not to exceed one thousand dollars ($1,000), or
8by both that fine and imprisonment. For all other firearms, a
9violation of this section is punishable by imprisonment in a county
10jail not to exceed six months, or by a fine not to exceed one
11thousand dollars ($1,000), or by both that fine and imprisonment.
12Each firearm found to be in violation of this section constitutes a
13distinct and separate offense. This section does not preclude
14prosecution under any other law providing for a greater penalty.
Section 29180 does not apply to or affect any of the
17(a) A firearm that has a serial number assigned to it pursuant to
18either Section 23910 or pursuant to Chapter 44 (commencing with
19Section 921) of Title 18 of the United States Code and the
20regulations issued pursuant thereto.
21(b) A firearm made or assembled prior to December 16, 1968,
22that is not a handgun.
23(c) A firearm which was entered into the centralized registry
24set forth in Section 11106 prior to July 1, 2018, as being owned
25by a specific individual or entity if that firearm has assigned to it
26a distinguishing number or mark of identification to that firearm
27by virtue of the department accepting entry of that firearm into the
29(d) A firearm that has a serial number assigned to it pursuant
30to Chapter 53 of Title 26 of the United States Code and the
31regulations issued pursuant thereto.
32(e) An antique firearm as defined in Section 479.11 of Title 27
33of the Code of Federal Regulations.
(a) (1) The Department of Justice shall accept
35applications from, and shall grant applications in the form of serial
36numbers pursuant to Section 23910 to, persons who wish to
37manufacture or assemble firearms pursuant to subdivision (b) of
39(2) The Department of Justice shall accept applications from,
40and shall grant applications in the form of serial numbers pursuant
P11 1to Section 23910 to, persons who wish to own a firearm described
2in subdivision (c) of Section 29180.
3(b) An application made pursuant to subdivision (a) shall only
4be granted by the department if the applicant does all of the
6(1) For each transaction, complete a personal firearms eligibility
7check, demonstrating that the applicant is not prohibited by state
8or federal law from possessing, receiving, owning, or purchasing
10(2) Presents proof of age and identity as specified in Section
1116400. The applicant shall be 18 years of age or older to obtain a
12unique serial number or mark of identification for a firearm that
13is not a handgun, and shall be 21 years of age or older to obtain a
14unique serial number or mark of identification for a handgun.
15(3) Provide a description of the firearm that he or she owns or
16intends to manufacture or assemble, in a manner prescribed by the
18(4) Have a valid firearm safety certificate or handgun safety
20(c) The department shall inform applicants who are denied an
21application of the reasons for the denial in writing.
22(d) All applications shall be granted or denied within 15 calendar
23days of the receipt of the application by the department.
24(e) This chapter does not authorize a person to manufacture,
25assemble, or possess a weapon prohibited under Section 16590,
26an assault weapon as defined in Section 30510 or 30515, a
27machinegun as defined in Section 16880, a .50 BMG rifle as
28defined in Section 30530, or a destructive device as defined in
38 30(f) The department shall adopt regulations to administer this
The Department of Justice may charge an applicant a
33fee for each distinguishing number or mark it issues in an amount
34sufficient to reimburse it for the actual costs associated with
35assigning a distinguishing number or mark to a firearm pursuant
36to Sections 29180 and 29182 and for conducting a personal
37firearms eligibility check pursuant to paragraph (1) of subdivision
38(b) of Section 29182. All money received pursuant to this section
39shall be deposited in the Dealers’ Record of Sale Special Account
P12 1of the General Fund, to be available upon appropriation by the
The Department of Justice shall maintain and make
4available upon request information concerning both of the
6(a) The number of serial numbers issued pursuant to Section
8(b) The number of arrests for violations of Section 29180.
Section 30105 of the Penal Code is amended to read:
(a) An individual may request that the Department of
11Justice perform a firearms eligibility check for that individual. The
12applicant requesting the eligibility check shall provide the personal
13information required by Section 28160 or 28165, as applicable,
14but not any information regarding any firearm, to the department,
15in an application specified by the department.
16(b) The department shall charge a fee of twenty dollars ($20)
17for performing the eligibility check authorized by this section, but
18not to exceed the actual processing costs of the department. After
19the department establishes fees sufficient to reimburse the
20department for processing costs, fees charged may increase at a
21rate not to exceed the legislatively approved cost-of-living
22adjustment for the department’s budget or as otherwise increased
23through the Budget Act.
24(c) An applicant for the eligibility check pursuant to subdivision
25(a) shall complete the application, have it notarized by any licensed
26California Notary Public, and submit it by mail to the department.
27(d) Upon receipt of a notarized application and fee, the
28department shall do all of the following:
29(1) Examine its records, and the records it is authorized to
30request from the State Department of State Hospitals pursuant to
31Section 8104 of the Welfare and Institutions Code, to determine
32if the purchaser is prohibited by state or federal law from
33possessing, receiving, owning, or purchasing a firearm.
34(2) Notify the applicant by mail of its determination of whether
35the applicant is prohibited by state or federal law from possessing,
36receiving, owning, or purchasing a firearm. The department’s
37notification shall state either “eligible to possess firearms as of the
38date the check was completed” or “ineligible to possess firearms
39as of the date the check was completed.”
P13 1(e) If the department determines that the information submitted
2to it in the application contains any blank spaces, or inaccurate,
3illegible, or incomplete information, preventing identification of
4the applicant, or if the required fee is not submitted, the department
5shall not be required to perform the firearms eligibility check.
6(f) The department shall make applications to conduct a firearms
7eligibility check as described in this section available to licensed
8firearms dealers and on the department’s Internet Web site.
department shall be immune from any liability arising
10out of the performance of the firearms eligibility check, or any
11reliance upon the firearms eligibility check.
begin deleteNo end delete
13person or agency
begin delete mayend delete require or request begin delete another personend delete
14 to obtain a firearms eligibility check or notification
15of a firearms eligibility check pursuant to this section. A violation
16of this subdivision is a misdemeanor.
17(i) The department shall include on the application specified in
18subdivision (a) and the notification of eligibility specified in
19subdivision (d) the following statements:
21“No person or agency may require or request
begin delete another personend delete to obtain a firearms eligibility check or notification of
23firearms eligibility check pursuant to Section 30105 of the Penal
24Code. A violation of these provisions is a misdemeanor.”
26“If the applicant for a firearms eligibility check purchases,
27transfers, or receives a firearm through a licensed dealer as required
28by law, a waiting period and background check are both required.”
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California