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.end delete
This bill would, commencing July 1, 2018, and subject to exceptions, 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, and subject to exceptions, 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.end delete
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.end delete
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.end delete
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.end delete
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.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
The people of the State of California do enact as follows:
The Department of Justice shall maintain and make
5available upon request information concerning both of the
7(a) The number of serial numbers issued pursuant to Section 29182.
9(b) The number of arrests for violations of Section 29180.
Section 11106 of the Penal Code is amended to
(a) (1) In order to assist in the investigation of crime,
13the prosecution of civil actions by city attorneys pursuant to
14paragraph (3) of subdivision (b), the arrest and prosecution of
15criminals, and the recovery of lost, stolen, or found property, the
16Attorney General shall keep and properly file a complete record
17of all of the following:
18(A) All copies of fingerprints.
19(B) Copies of licenses to carry firearms issued pursuant to
20Section 26150, 26155, 26170, or 26215.
21(C) Information reported to the Department of Justice pursuant
22to Section 26225, 27875, 27920, 29180, or 29830.
23(D) Dealers’ records of sales of firearms.
24(E) Reports provided pursuant to Article 1 (commencing with
25Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
26pursuant to any provision listed in subdivision (a) of Section 16585.
27(F) Forms provided pursuant to Section 12084, as that section
28read prior to being repealed on January 1, 2006.
29(G) Reports provided pursuant to Article 1 (commencing with
30Section 26700) and Article 2 (commencing with Section 26800)
31of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
32records of sales of firearms.
33(H) Information provided pursuant to Section 28255.
of stolen, lost, found, pledged, or pawned property
35in any city or county of this state.
36(2) The Attorney General shall, upon proper application therefor,
37furnish the information to the officers referred to in Section 11105.
P4 1(b) (1) The Attorney General shall permanently keep and
2properly file and maintain all information reported to the
3Department of Justice pursuant to the following provisions as to
4firearms and maintain a registry thereof:
5(A) Article 1 (commencing with Section 26700) and Article 2
6(commencing with Section 26800) of Chapter 2 of Division 6 of
7Title 4 of Part 6.
8(B) Article 1 (commencing with Section 27500) of Chapter 4
9of Division 6 of Title 4 of Part 6.
10(C) Chapter 5 (commencing with Section 28050) of Division 6
11of Title 4 of Part 6.
12(D) Any provision listed in subdivision (a) of Section 16585.
13(E) Former Section 12084.
14(F) Section 28255.
15(G) Section 29180.
16(H) Any other law.
17(2) The registry shall consist of all of the following:
18(A) The name, address, identification of, place of birth (state
19or country), complete telephone number, occupation, sex,
20description, and all legal names and aliases ever used by the owner
21or person being loaned the particular firearm as listed on the
22information provided to the department on the Dealers’ Record of
23Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
24in former Section 12084, or reports made to the department
25pursuant to any provision listed in subdivision (a) of Section 16585,
26Section 28255 or 29180, or any other law.
27(B) The name and address of, and other information about, any
28person (whether a dealer or a private party) from whom the owner
29acquired or the person being loaned the particular firearm and
30when the firearm was acquired or loaned as listed on the
31information provided to the department on the Dealers’ Record of
32Sale, the LEFT, or reports made to the department pursuant to any
33provision listed in subdivision (a) of Section 16585 or any other
35(C) Any waiting period exemption applicable to the transaction
36which resulted in the owner of or the person being loaned the
37particular firearm acquiring or being loaned that firearm.
38(D) The manufacturer’s name if stamped on the firearm, model
39name or number if stamped on the firearm, and, if applicable, the
40serial number, other number (if more than one serial number is
P5 1stamped on the firearm), caliber, type of firearm, if the firearm is
2new or used, barrel length, and color of the firearm, or, if the
3firearm is not a handgun and does not have a serial number or any
4identification number or mark assigned to it, that shall be noted.
5(3) Information in the registry referred to in this subdivision
6shall, upon proper application therefor, be furnished to the officers
7referred to in Section 11105, to a city attorney prosecuting a civil
8action, solely for use in prosecuting that civil action and not for
9any other purpose, or to the person listed in the registry as the
10owner or person who is listed as being loaned the particular firearm.
11(4) If any person is listed in the registry as the owner of a firearm
12through a Dealers’ Record of Sale prior to 1979, and the person
13listed in the registry requests by letter that the Attorney General
14store and keep the record electronically, as well as in the record’s
15existing photographic, photostatic, or nonerasable optically stored
16form, the Attorney General shall do so within three working days
17of receipt of the request. The Attorney General shall, in writing,
18and as soon as practicable, notify the person requesting electronic
19storage of the record that the request has been honored as required
20by this paragraph.
21(c) (1) If the conditions specified in paragraph (2) are met, any
22officer referred to in paragraphs (1) to (6), inclusive, of subdivision
23(b) of Section 11105 may disseminate the name of the subject of
24the record, the number of the firearms listed in the record, and the
25description of any firearm, including the make, model, and caliber,
26from the record relating to any firearm’s sale, transfer, registration,
27or license record, or any information reported to the Department
28of Justice pursuant to any of the following:
29(A) Section 26225, 27875, or 27920.
30(B) Article 1 (commencing with Section 26700) and Article 2
31(commencing with Section 26800) of Chapter 2 of Division 6 of
32Title 4 of Part 6.
33(C) Article 1 (commencing with Section 27500) of Chapter 4
34of Division 6 of Title 4 of Part 6.
35(D) Chapter 5 (commencing with Section 28050) of Division
366 of Title 4 of Part 6.
37(E) Article 2 (commencing with Section 28150) of Chapter 6
38of Division 6 of Title 4 of Part 6.
39(F) Article 5 (commencing with Section 30900) of Chapter 2
40of Division 10 of Title 4 of Part 6.
P6 1(G) Chapter 2 (commencing with Section 33850) of Division
211 of Title 4 of Part 6.
3(H) Any provision listed in subdivision (a) of Section 16585.
4(2) Information may be disseminated pursuant to paragraph (1)
5only if all of the following conditions are satisfied:
6(A) The subject of the record has been arraigned for a crime in
7which the victim is a person described in subdivisions (a) to (f),
8inclusive, of Section 6211 of the Family Code and is being
9prosecuted or is serving a sentence for the crime, or the subject of
10the record is the subject of an emergency protective order, a
11temporary restraining order, or an order after hearing, which is in
12effect and has been issued by a family court under the Domestic
13Violence Protection Act set forth in Division 10 (commencing
14with Section 6200) of the Family Code.
15(B) The information is disseminated only to the victim of the
16crime or to the person who has obtained the emergency protective
17order, the temporary restraining order, or the order after hearing
18issued by the family court.
19(C) Whenever a law enforcement officer disseminates the
20information authorized by this subdivision, that officer or another
21officer assigned to the case shall immediately provide the victim
22of the crime with a “Victims of Domestic Violence” card, as
23specified in subparagraph (H) of paragraph (9) of subdivision (c)
24of Section 13701.
25(3) The victim or person to
whom information is disseminated
26pursuant to this subdivision may disclose it as he or she deems
27necessary to protect himself or herself or another person from
28bodily 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,
31designed to be used as a weapon, from which is expelled through
32a barrel, a projectile by the force of an explosion or other form of
34(b) As used in the following provisions, “firearm” includes the
35frame or receiver of the weapon:
36(1) Section 16550.
37(2) Section 16730.
38(3) Section 16960.
39(4) Section 16990.
40(5) Section 17070.
P7 1(6) Section 17310.
2(7) Sections 26500 to 26588, inclusive.
3(8) Sections 26600 to 27140, inclusive.
4(9) Sections 27400 to 28000, inclusive.
5(10) Section 28100.
6(11) Sections 28400 to 28415, inclusive.
7(12) Sections 29010 to 29150, inclusive.
8(13) Section 29180.
9(14) Sections 29610 to 29750, inclusive.
10(15) Sections 29800 to 29905, inclusive.
11(16) Sections 30150 to 30165, inclusive.
12(17) Section 31615.
13(18) Sections 31705 to 31830, inclusive.
14(19) Sections 34355 to 34370, inclusive.
15(20) Sections 8100, 8101, and 8103 of the Welfare and
17(c) As used in the following provisions, “firearm” also includes
18a rocket, rocket propelled projectile launcher, or similar device
19 containing an explosive or incendiary material, whether or not the
20device is designed for emergency or distress signaling purposes:
21(1) Section 16750.
22(2) Subdivision (b) of Section 16840.
23(3) Section 25400.
24(4) Sections 25850 to 26025, inclusive.
25(5) Subdivisions (a), (b), and (c) of Section 26030.
26(6) Sections 26035 to 26055, inclusive.
27(d) As used in the following provisions, “firearm” does not
28include an unloaded antique firearm:
29(1) Subdivisions (a) and (c) of Section 16730.
30(2) Section 16550.
31(3) Section 16960.
32(4) Section 17310.
33(5) Chapter 6 (commencing
with Section 26350) of Division 5
34of Title 4.
35(6) Chapter 7 (commencing with Section 26400) of Division 5
36of Title 4.
37(7) Sections 26500 to 26588, inclusive.
38(8) Sections 26700 to 26915, inclusive.
39(9) Section 27510.
40(10) Section 27530.
P8 1(11) Section 27540.
2(12) Section 27545.
3(13) Sections 27555 to 27585, inclusive.
4(14) Sections 29010 to 29150, inclusive.
5(15) Section 25135.
6(16) 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
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
Section 23910 of the Penal Code is amended to read:
The Department of Justice, upon request, may assign
18a distinguishing number or mark of identification to any firearm
19whenever the firearm lacks a manufacturer’s number or other mark
20of identification. Whenever the manufacturer’s number or other
21mark of identification or a distinguishing number or mark assigned
22by the department has been destroyed or obliterated, the
23Department of Justice, upon request, shall assign a distinguishing
24number or mark of identification to any firearm in accordance with
Chapter 3 (commencing with Section 29180) is added
27to Division 7 of Title 4 of Part 6 of the Penal Code, to read:
(a) For purposes of this chapter, “manufacturing” or
32“assembling” a firearm means to fabricate or construct a firearm,
33or to fit together the component parts of a firearm to construct a
35(b) Commencing July 1, 2018, prior to manufacturing or
36assembling a firearm, a person manufacturing or assembling the
37firearm shall do all of the following:
38(1) Apply to the Department of Justice for a unique serial
39number or other mark of identification pursuant to Section 29182.
P9 1(2) (A) Within 10 days of manufacturing or assembling a
2firearm in accordance with paragraph (1), the unique serial number
3or other mark of identification provided by the department shall
4be engraved or permanently affixed to the firearm in a manner that
5meets or exceeds the requirements imposed on licensed importers
6and licensed manufacturers of firearms pursuant to subsection (i)
7of Section 923 of Title 18 of the United States Code and regulations
8issued pursuant thereto.
9(B) If the firearm is manufactured or assembled from polymer
10plastic, 3.7 ounces of material type 17-4 PH stainless steel shall
11be embedded within the plastic upon fabrication or construction
12with the unique serial number engraved or otherwise permanently
13affixed in a manner that meets or exceeds the requirements imposed
14on licensed importers and licensed manufacturers of firearms
15pursuant to subsection (i) of Section 923 of Title 18 of the United
16States Code and regulations issued pursuant thereto.
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(c) By January 1, 2019, any person who, as of July 1, 2018,
26owns a firearm that does not bear a serial number assigned to it
27pursuant to either Section 23910 or pursuant to Chapter 44
28(commencing with Section 921) of Title 18 of the United States
29Code and the regulations issued pursuant thereto, shall do all of
31(1) Apply to the Department of Justice for a unique serial
32number or other mark of identification pursuant to Section 29182.
33(2) Within 10 days of receiving a unique serial number or other
34mark of identification from the department, the unique serial
35number or other mark of identification provided by the department
36shall be engraved or permanently affixed to the firearm in
37accordance with regulations prescribed by the department pursuant
38to Section 29182 and in a manner that meets or exceeds the
39requirements imposed on licensed importers and licensed
40manufacturers of firearms pursuant to subsection (i) of Section
P10 1923 of Title 18 of the United States Code and regulations issued
3(3) After the serial number provided by the department is
4engraved or otherwise permanently affixed to the firearm, the
5person shall notify the department of that fact in a manner and
6within a time period specified by the department, and with
7sufficient information to identify the owner of the firearm, the
8unique serial number or mark of identification provided by the
9department, and the firearm in a manner prescribed by the
11(d) (1) The sale or transfer of ownership of a firearm
12manufactured or assembled pursuant to this section is prohibited.
13(2) Paragraph (1) shall not apply to the transfer, surrender, or
14sale of a firearm to a law enforcement agency.
15(3) Any firearms surrendered, transferred, or sold to a local law
16enforcement agency pursuant to paragraph (2) shall be destroyed
17as provided in Section 18005.
18(4) Sections 26500 and 27545, and subdivision (a) of Section
1931615, shall not apply to the transfer, sale, or surrender of firearms
20to a law enforcement agency pursuant to paragraph (2).
21(e) A person, corporation, or firm shall not knowingly allow,
22facilitate, aid, or abet the manufacture or assembling of a firearm
23pursuant to this section by a person who is within any of the classes
24identified by Chapter 2 (commencing with Section 29800) or
25Chapter 3 (commencing with Section 29900) of Division 9 of this
26code, or Section 8100 or 8103 of the Welfare and Institutions Code.
27(f) If the firearm is a handgun, a violation of this section is
28punishable by imprisonment in a county jail not to exceed one
29year, or by a fine not to exceed one thousand dollars ($1,000), or
30by both that fine and imprisonment. For all other firearms, a
31violation of this section is punishable by imprisonment in a county
32jail not to exceed six months, or by a fine not to exceed one
33thousand dollars ($1,000), or by both that fine and imprisonment.
34Each firearm found to be in violation of this section constitutes a
35distinct and separate offense. This section does not preclude
36prosecution under any other law providing for a greater penalty.
Section 29180 does not apply to or affect any of the
39(a) A firearm that has a serial number assigned to it pursuant to
40either Section 23910 or pursuant to Chapter 44 (commencing with
P11 1Section 921) of Title 18 of the United States Code and the
2regulations issued pursuant thereto.
3(b) A firearm made or assembled prior to December 16, 1968,
4that is not a handgun.
5(c) A firearm which was entered into the centralized registry
6set forth in Section 11106 prior to July 1, 2018, as being owned
7by a specific individual or entity if that firearm has assigned to it
8a distinguishing number or mark of identification to that firearm
9by virtue of the department accepting entry of that firearm into the
11(d) A firearm that has a serial number assigned to it pursuant
12to Chapter 53 of Title 26 of the United States Code and the
13regulations issued pursuant thereto.
14(e) A firearm that is a curio or relic, or an antique firearm, as
15those terms are defined in Section 479.11 of Title 27 of the Code
16of Federal Regulations.
(a) (1) The Department of Justice shall accept
18applications from, and shall grant applications in the form of serial
19numbers pursuant to Section 23910 to, persons who wish to
20manufacture or assemble firearms pursuant to subdivision (b) of
22(2) The Department of Justice shall accept applications from,
23and shall grant applications in the form of serial numbers pursuant
24to Section 23910 to, persons who wish to own a firearm described
25in subdivision (c) of Section 29180.
26(b) An application made pursuant to subdivision (a) shall only
27be granted by the department if the applicant does all of the
29(1) For each transaction, complete a personal firearms eligibility
30check, demonstrating that the applicant is not prohibited by state
31or federal law from possessing, receiving, owning, or purchasing
33(2) Presents proof of age and identity as specified in Section
3416400. The applicant shall be 18 years of age or older to obtain a
35unique serial number or mark of identification for a firearm that
36is not a handgun, and shall be 21 years of age or older to obtain a
37unique serial number or mark of identification for a handgun.
38(3) Provide a description of the firearm that he or she owns or
39intends to manufacture or assemble, in a manner prescribed by the
P12 1(4) Have a valid firearm safety certificate or handgun safety
3(c) The department shall inform applicants who are denied an
4application of the reasons for the denial in writing.
5(d) All applications shall be granted or denied within 15 calendar
6days of the receipt of the application by the department.
7(e) This chapter does not authorize a person to manufacture,
8assemble, or possess a weapon prohibited under Section 16590,
9an assault weapon as defined in Section 30510 or 30515, a
10machinegun as defined in Section 16880, a .50 BMG rifle as
11defined in Section 30530, or a destructive device as defined in
13(f) The department shall adopt regulations to administer this
The Department of Justice may charge an applicant a
16fee for each distinguishing number or mark it issues in an amount
17sufficient to reimburse it for the actual costs associated with
18assigning a distinguishing number or mark to a firearm pursuant
19to Sections 29180 and 29182 and for conducting a personal
20firearms eligibility check pursuant to paragraph (1) of subdivision
21(b) of Section 29182. All money received pursuant to this section
22shall be deposited in the Dealers’ Record of Sale Special Account
23of the General Fund, to be available upon appropriation by the
The Department of Justice shall maintain and make
26available upon request information concerning both of the
28(a) The number of serial numbers issued pursuant to Section
30(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
33Justice perform a firearms eligibility check for that individual. The
34applicant requesting the eligibility check shall provide the personal
35information required by Section 28160 or 28165, as applicable,
36but not any information regarding any firearm, to the department,
37in an application specified by the department.
38(b) The department shall charge a fee of twenty dollars ($20)
39for performing the eligibility check authorized by this section, but
40not to exceed the actual processing costs of the department. After
P13 1the department establishes fees sufficient to reimburse the
2department for processing costs, fees charged may increase at a
3rate not to exceed the legislatively approved cost-of-living
4adjustment for the department’s budget or as otherwise increased
5through the Budget Act.
6(c) An applicant for the eligibility check pursuant to subdivision
7(a) shall complete the application, have it notarized by any licensed
8California Notary Public, and submit it by mail to the department.
9(d) Upon receipt of a notarized application and fee, the
10department shall do all of the following:
11(1) Examine its records, and the records it is authorized to
12request from the State Department of State Hospitals pursuant to
13Section 8104 of the Welfare and Institutions Code, to determine
14if the purchaser is prohibited by state or federal law from
15possessing, receiving, owning, or purchasing a firearm.
16(2) Notify the applicant by mail of its determination of whether
17the applicant is prohibited by state or federal law from possessing,
18receiving, owning, or purchasing a firearm. The department’s
19notification shall state either “eligible to possess firearms as of the
20date the check was completed” or “ineligible to possess firearms
21as of the date the check was completed.”
22(e) If the department determines that the information submitted
23to it in the application contains any blank spaces, or inaccurate,
24illegible, or incomplete information, preventing identification of
25the applicant, or if the required fee is not submitted, the department
26shall not be required to perform the firearms eligibility check.
27(f) The department shall make applications to conduct a firearms
28eligibility check as described in this section available to licensed
29firearms dealers and on the department’s Internet Web site.
department shall be immune from any liability arising
31out of the performance of the firearms eligibility check, or any
32reliance upon the firearms eligibility check.
33(h) Except as provided in Sections 29180 and 29182, a person
34or agency shall not require or request an individual to obtain a
35firearms eligibility check or notification of a firearms eligibility
36check pursuant to this section. A violation of this subdivision is a
38(i) The department shall include on the application specified in
39subdivision (a) and the notification of eligibility specified in
40subdivision (d) the following statements:
P14 2“No person or agency may require or request an individual to
3obtain a firearms eligibility check or notification of firearms
4eligibility check pursuant to Section 30105 of the Penal Code. A
5 violation of these provisions is a misdemeanor.”
7“If the applicant for a firearms eligibility check purchases,
8transfers, or receives a firearm through a licensed dealer as required
9by law, a waiting period and background check are both required.”
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California