SB 1407, as amended, 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, 29180, or 29830.
14(D) Dealers’ records of sales of firearms.
P3 1(E) Reports provided pursuant to Article 1 (commencing with
2Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
3pursuant to any provision listed in subdivision (a) of Section 16585.
4(F) Forms provided pursuant to Section 12084, as that section
5read prior to being repealed on January 1, 2006.
6(G) Reports provided pursuant to Article 1 (commencing with
7Section 26700) and Article 2 (commencing with Section 26800)
8of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
9records of sales of firearms.
10(H) Information provided pursuant to Section 28255.
of stolen, lost, found, pledged, or pawned property
12in any city or county of this state.
13(2) The Attorney General shall, upon proper application therefor,
14furnish the information to the officers referred to in Section 11105.
15(b) (1) The Attorney General shall permanently keep and
16properly file and maintain all information reported to the
17Department of Justice pursuant to the following provisions as to
18firearms and maintain a registry thereof:
19(A) Article 1 (commencing with Section 26700) and Article 2
20(commencing with Section 26800) of Chapter 2 of Division 6 of
21Title 4 of Part 6.
22(B) Article 1 (commencing with Section 27500) of Chapter 4
23of Division 6 of Title 4 of Part 6.
24(C) Chapter 5 (commencing with Section 28050) of Division 6
25of Title 4 of Part 6.
26(D) Any provision listed in subdivision (a) of Section 16585.
27(E) Former Section 12084.
28(F) Section 28255.
29(G) Section 29180.
30(H) Any other law.
31(2) The registry shall consist of all of the following:
32(A) The name, address, identification of, place of birth (state
33or country), complete telephone number, occupation, sex,
34description, and all legal names and aliases ever used by the owner
35or person being loaned the particular firearm as listed on the
36information provided to the department on the Dealers’ Record of
37Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
38in former Section 12084, or reports made to the department
39pursuant to any provision listed in subdivision (a) of Section 16585,
40Section 28255 or 29180, or any other law.
P4 1(B) The name and address of, and other information about, any
2person (whether a dealer or a private party) from whom the owner
3acquired or the person being loaned the particular firearm and
4when the firearm was acquired or loaned as listed on the
5information provided to the department on the Dealers’ Record of
6Sale, the LEFT, or reports made to the department pursuant to any
7provision listed in subdivision (a) of Section 16585 or any other
9(C) Any waiting period exemption applicable to the transaction
10which resulted in the owner of or the person being loaned the
11particular firearm acquiring or being loaned that firearm.
12(D) The manufacturer’s name if stamped on the firearm, model
13name or number if stamped on the firearm, and, if applicable, the
14serial number, other number (if more than one serial number is
15stamped on the firearm), caliber, type of firearm, if the firearm is
16new or used, barrel length, and color of the firearm, or, if the
17firearm is not a handgun and does not have a serial number or any
18identification number or mark assigned to it, that shall be noted.
19(3) Information in the registry referred to in this subdivision
20shall, upon proper application therefor, be furnished to the officers
21referred to in Section 11105, to a city attorney prosecuting a civil
22action, solely for use in prosecuting that civil action and not for
23any other purpose, or to the person listed in the registry as the
24owner or person who is listed as being loaned the particular firearm.
25(4) If any person is listed in the registry as the owner of a firearm
26through a Dealers’ Record of Sale prior to 1979, and the person
27listed in the registry requests by letter that the Attorney General
28store and keep the record electronically, as well as in the record’s
29existing photographic, photostatic, or nonerasable optically stored
30form, the Attorney General shall do so within three working days
31of receipt of the request. The Attorney General shall, in writing,
32and as soon as practicable, notify the person requesting electronic
33storage of the record that the request has been honored as required
34by this paragraph.
35(c) (1) If the conditions specified in paragraph (2) are met, any
36officer referred to in paragraphs (1) to (6), inclusive, of subdivision
37(b) of Section 11105 may disseminate the name of the subject of
38the record, the number of the firearms listed in the record, and the
39description of any firearm, including the make, model, and caliber,
40from the record relating to any firearm’s sale, transfer, registration,
P5 1or license record, or any information reported to the Department
2of Justice pursuant to any of the following:
3(A) Section 26225, 27875, or 27920.
4(B) Article 1 (commencing with Section 26700) and Article 2
5(commencing with Section 26800) of Chapter 2 of Division 6 of
6Title 4 of Part 6.
7(C) Article 1 (commencing with Section 27500) of Chapter 4
8of Division 6 of Title 4 of Part 6.
9(D) Chapter 5 (commencing with Section 28050) of Division
106 of Title 4 of Part 6.
11(E) Article 2 (commencing with Section 28150) of Chapter 6
12of Division 6 of Title 4 of Part 6.
13(F) Article 5 (commencing with Section 30900) of Chapter 2
14of Division 10 of Title 4 of Part 6.
15(G) Chapter 2 (commencing with Section 33850) of Division
1611 of Title 4 of Part 6.
17(H) Any provision listed in subdivision (a) of Section 16585.
18(2) Information may be disseminated pursuant to paragraph (1)
19only if all of the following conditions are satisfied:
20(A) The subject of the record has been arraigned for a crime in
21which the victim is a person described in subdivisions (a) to (f),
22inclusive, of Section 6211 of the Family Code and is being
23prosecuted or is serving a sentence for the crime, or the subject of
24the record is the subject of an emergency protective order, a
25temporary restraining order, or an order after hearing, which is in
26effect and has been issued by a family court under the Domestic
27Violence Protection Act set forth in Division 10 (commencing
28with Section 6200) of the Family Code.
29(B) The information is disseminated only to the victim of the
30crime or to the person who has obtained the emergency protective
31order, the temporary restraining order, or the order after hearing
32issued by the family court.
33(C) Whenever a law enforcement officer disseminates the
34information authorized by this subdivision, that officer or another
35officer assigned to the case shall immediately provide the victim
36of the crime with a “Victims of Domestic Violence” card, as
37specified in subparagraph (H) of paragraph (9) of subdivision (c)
38of Section 13701.
39(3) The victim or person to
whom information is disseminated
40pursuant to this subdivision may disclose it as he or she deems
P6 1necessary to protect himself or herself or another person from
2bodily 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,
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
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.
16(7) Sections 26500 to 26588, inclusive.
17(8) Sections 26600 to 27140, inclusive.
18(9) Sections 27400 to 28000, inclusive.
19(10) Section 28100.
20(11) Sections 28400 to 28415, inclusive.
21(12) Sections 29010 to 29150, inclusive.
22(13) Section 29180.
23(14) Sections 29610 to 29750, inclusive.
24(15) Sections 29800 to 29905, inclusive.
25(16) Sections 30150 to 30165, inclusive.
26(17) Section 31615.
27(18) Sections 31705 to 31830, inclusive.
28(19) Sections 34355 to 34370, inclusive.
29(20) Sections 8100, 8101, and 8103 of the Welfare and
31(c) As used in the following provisions, “firearm” also includes
32a rocket, rocket propelled projectile launcher, or similar device
33containing an explosive or incendiary material, whether or not the
34device is designed for emergency or distress signaling purposes:
35(1) Section 16750.
36(2) Subdivision (b) of Section 16840.
37(3) Section 25400.
38(4) Sections 25850 to 26025, inclusive.
39(5) Subdivisions (a), (b), and (c) of Section 26030.
40(6) Sections 26035 to 26055, inclusive.
P7 1(d) As used in the following provisions, “firearm” does not
2include an unloaded antique firearm:
3(1) Subdivisions (a) and (c) of Section 16730.
4(2) Section 16550.
5(3) Section 16960.
6(4) Section 17310.
7(5) Chapter 6 (commencing
with Section 26350) of Division 5
8of Title 4.
9(6) Chapter 7 (commencing with Section 26400) of Division 5
10of Title 4.
11(7) Sections 26500 to 26588, inclusive.
12(8) Sections 26700 to 26915, inclusive.
13(9) Section 27510.
14(10) Section 27530.
15(11) Section 27540.
16(12) Section 27545.
17(13) Sections 27555 to 27585, inclusive.
18(14) Sections 29010 to 29150, inclusive.
19(15) Section 25135.
20(16) Section 29180.
21(e) As used in Sections 34005 and 34010, “firearm” does not
22include a destructive device.
23(f) As used in Sections 17280 and 24680, “firearm” has the
24same meaning as in Section 922 of Title 18 of the United States
26(g) As used in Sections 29010 to 29150, inclusive, “firearm”
27includes the unfinished frame or receiver of a weapon that can be
28readily 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
32a distinguishing number or mark of identification to any firearm
33whenever the firearm lacks a manufacturer’s number or other mark
begin delete identification, or wheneverend delete the
35manufacturer’s number or other mark of identification or a
36distinguishing number or mark assigned by the department has
37been destroyed or obliterated, the Department of Justice, upon
38request, shall assign a distinguishing number or mark of
39identification to any firearm in accordance with Section 29182.
Chapter 3 (commencing with Section 29180) is added
2to Division 7 of Title 4 of Part 6 of the Penal Code, to read:
(a) For purposes of this chapter, “manufacturing” or
7“assembling” a firearm means to fabricate or construct a firearm,
8or to fit together the component parts of a firearm to construct a
10(b) Commencing July 1, 2018, prior to manufacturing or
11assembling a firearm, a person manufacturing or assembling the
12firearm shall do all of the following:
13(1) Apply to the Department of Justice for a unique serial
14number or other mark of identification pursuant to Section 29182.
15(2) (A) Within 10 days of manufacturing or assembling a
16firearm in accordance with paragraph (1), the unique serial number
17or other mark of identification provided by the department shall
18be engraved or permanently affixed to the firearm in a manner that
19meets or exceeds the requirements imposed on licensed importers
20and licensed manufacturers of firearms pursuant to subsection (i)
21of Section 923 of Title 18 of the United States Code and regulations
22issued pursuant thereto.
23(B) If the firearm is manufactured or assembled from polymer
24plastic, 3.7 ounces of material type 17-4 PH stainless steel shall
25be embedded within the plastic upon fabrication or construction
26with the unique serial number engraved or otherwise permanently
27affixed in a manner that meets or exceeds the requirements imposed
28on licensed importers and licensed manufacturers of firearms
29pursuant to subsection (i) of Section 923 of Title 18 of the United
30States Code and regulations issued pursuant thereto.
31(3) After the serial number
provided by the department is
32engraved or otherwise permanently affixed to the firearm, the
33person shall notify the department of that fact in a manner and
34within a time period specified by the department, and with
35sufficient information to identify the owner of the firearm, the
36unique serial number or mark of identification provided by the
37department, and the firearm in a manner prescribed by the
39(c) By January 1, 2019, any person who, as of July 1, 2018,
40owns a firearm that does not bear a serial number assigned to it
P9 1pursuant to either Section 23910 or pursuant to Chapter 44
2(commencing with Section 921) of Title 18 of the United States
3Code and the regulations issued pursuant thereto, shall do all of
5(1) Apply to the Department of Justice for a unique serial
6number or other mark of identification pursuant to Section 29182.
7(2) Within 10 days of receiving a unique serial number or other
8mark of identification from the department, the unique serial
9number or other mark of identification provided by the department
10shall be engraved or permanently affixed to the firearm in
11accordance with regulations prescribed by the department pursuant
12to Section 29182 and in a manner that meets or exceeds the
13requirements imposed on licensed importers and licensed
14manufacturers of firearms pursuant to subsection (i) of Section
15923 of Title 18 of the United States Code and regulations issued
17(3) After the serial number provided by the department is
18engraved or otherwise permanently affixed to the firearm, the
19person shall notify the department of that fact in a manner and
20within a time period specified by the department, and with
21sufficient information to identify the owner of the firearm, the
22unique serial number or mark of identification provided by the
23department, and the firearm in a manner prescribed by the
25(d) (1) The sale or transfer of ownership of a firearm
26manufactured or assembled pursuant to this section is prohibited.
27(2) Paragraph (1) shall not apply to the transfer, surrender, or
28sale of a firearm to a law enforcement agency.
29(3) Any firearms surrendered, transferred, or sold to a local law
30enforcement agency pursuant to paragraph (2) shall be destroyed
31as provided in Section 18005.
32(4) Sections 26500 and 27545, and subdivision (a) of Section
3331615, shall not apply to the transfer, sale, or surrender of firearms
34to a law enforcement agency pursuant to paragraph (2).
35(e) A person, corporation, or firm shall not knowingly allow,
36facilitate, aid, or abet the manufacture or assembling of a firearm
37pursuant to this section by a person who is within any of the classes
38identified by Chapter 2 (commencing with Section 29800) or
39Chapter 3 (commencing with Section 29900) of Division 9 of this
40code, or Section 8100 or 8103 of the Welfare and Institutions Code.
P10 1(f) If the firearm is a handgun, a violation of this section is
2punishable by imprisonment in a county jail not to exceed one
3year, or by a fine not to exceed one thousand dollars ($1,000), or
4by both that fine and imprisonment. For all other firearms, a
5violation of this section is punishable by imprisonment in a county
6jail not to exceed six months, or by a fine not to exceed one
7thousand dollars ($1,000), or by both that fine and imprisonment.
8Each firearm found to be in violation of this section constitutes a
9distinct and separate offense. This section does not preclude
10prosecution under any other law providing for a greater penalty.
Section 29180 does not apply to or affect any of the
13(a) A firearm that has a serial number assigned to it pursuant to
14either Section 23910 or pursuant to Chapter 44 (commencing with
15Section 921) of Title 18 of the United States Code and the
16regulations issued pursuant thereto.
17(b) A firearm made or assembled prior to December 16, 1968,
18that is not a handgun.
19(c) A firearm which was entered into the centralized registry
20set forth in Section 11106 prior to July 1, 2018, as being owned
21by a specific individual or entity if that firearm has assigned to it
22a distinguishing number or mark of identification to that firearm
23by virtue of the department accepting entry of that firearm into the
25(d) A firearm that has a serial number assigned to it pursuant
26to Chapter 53 of Title 26 of the United States Code and the
27regulations issued pursuant thereto.
begin deleteAn antique firearm as end deletedefined in Section 479.11
30of Title 27 of the Code of Federal Regulations.
(a) (1) The Department of Justice shall accept
32applications from, and shall grant applications in the form of serial
33numbers pursuant to Section 23910 to, persons who wish to
34manufacture or assemble firearms pursuant to subdivision (b) of
36(2) The Department of Justice shall accept applications from,
37and shall grant applications in the form of serial numbers pursuant
38to Section 23910 to, persons who wish to own a firearm described
39in subdivision (c) of Section 29180.
P11 1(b) An application made pursuant to subdivision (a) shall only
2be granted by the department if the applicant does all of the
4(1) For each transaction, complete a personal firearms eligibility
5check, demonstrating that the applicant is not prohibited by state
6or federal law from possessing, receiving, owning, or purchasing
8(2) Presents proof of age and identity as specified in Section
916400. The applicant shall be 18 years of age or older to obtain a
10unique serial number or mark of identification for a firearm that
11is not a handgun, and shall be 21 years of age or older to obtain a
12unique serial number or mark of identification for a handgun.
13(3) Provide a description of the firearm that he or she owns or
14intends to manufacture or assemble, in a manner prescribed by the
16(4) Have a valid firearm safety certificate or handgun safety
18(c) The department shall inform applicants who are denied an
19application of the reasons for the denial in writing.
20(d) All applications shall be granted or denied within 15 calendar
21days of the receipt of the application by the department.
22(e) This chapter does not authorize a person to manufacture,
23assemble, or possess a weapon prohibited under Section 16590,
24an assault weapon as defined in Section 30510 or 30515, a
25machinegun as defined in Section 16880, a .50 BMG rifle as
26defined in Section 30530, or a destructive device as defined in
28(f) The department shall adopt regulations to administer this
The Department of Justice may charge an applicant a
31fee for each distinguishing number or mark it issues in an amount
32sufficient to reimburse it for the actual costs associated with
33assigning a distinguishing number or mark to a firearm pursuant
34to Sections 29180 and 29182 and for conducting a personal
35firearms eligibility check pursuant to paragraph (1) of subdivision
36(b) of Section 29182. All money received pursuant to this section
37shall be deposited in the Dealers’ Record of Sale Special Account
38of the General Fund, to be available upon appropriation by the
The Department of Justice shall maintain and make
2available upon request information concerning both of the
4(a) The number of serial numbers issued pursuant to Section
6(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
9Justice perform a firearms eligibility check for that individual. The
10applicant requesting the eligibility check shall provide the personal
11information required by Section 28160 or 28165, as applicable,
12but not any information regarding any firearm, to the department,
13in an application specified by the department.
14(b) The department shall charge a fee of twenty dollars ($20)
15for performing the eligibility check authorized by this section, but
16not to exceed the actual processing costs of the department. After
17the department establishes fees sufficient to reimburse the
18department for processing costs, fees charged may increase at a
19rate not to exceed the legislatively approved cost-of-living
20adjustment for the department’s budget or as otherwise increased
21through the Budget Act.
22(c) An applicant for the eligibility check pursuant to subdivision
23(a) shall complete the application, have it notarized by any licensed
24California Notary Public, and submit it by mail to the department.
25(d) Upon receipt of a notarized application and fee, the
26department shall do all of the following:
27(1) Examine its records, and the records it is authorized to
28request from the State Department of State Hospitals pursuant to
29Section 8104 of the Welfare and Institutions Code, to determine
30if the purchaser is prohibited by state or federal law from
31possessing, receiving, owning, or purchasing a firearm.
32(2) Notify the applicant by mail of its determination of whether
33the applicant is prohibited by state or federal law from possessing,
34receiving, owning, or purchasing a firearm. The department’s
35notification shall state either “eligible to possess firearms as of the
36date the check was completed” or “ineligible to possess firearms
37as of the date the check was completed.”
38(e) If the department determines that the information submitted
39to it in the application contains any blank spaces, or inaccurate,
40illegible, or incomplete information, preventing identification of
P13 1the applicant, or if the required fee is not submitted, the department
2shall not be required to perform the firearms eligibility check.
3(f) The department shall make applications to conduct a firearms
4eligibility check as described in this section available to licensed
5firearms dealers and on the department’s Internet Web site.
department shall be immune from any liability arising
7out of the performance of the firearms eligibility check, or any
8reliance upon the firearms eligibility check.
9(h) Except as provided in Sections 29180 and 29182, a person
10or agency shall not require or request an individual to obtain a
11firearms eligibility check or notification of a firearms eligibility
12check pursuant to this section. A violation of this subdivision is a
14(i) The department shall include on the application specified in
15subdivision (a) and the notification of eligibility specified in
16subdivision (d) the following statements:
18“No person or agency may require or request an individual to
19obtain a firearms eligibility check or notification of firearms
20eligibility check pursuant to Section 30105 of the Penal Code. A
21 violation of these provisions is a misdemeanor.”
23“If the applicant for a firearms eligibility check purchases,
24transfers, or receives a firearm through a licensed dealer as required
25by law, a waiting period and background check are both required.”
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California