BILL NUMBER: SB 357 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Polanco
FEBRUARY 10, 1995
An act to amend Sections 12021, 12021.1, 12021.3, 12022.4, 12071,
12072, 12078, 12080, and 12082 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 357, as introduced, Polanco. Firearms: ammunition:
possession: sale.
Existing law subjects persons who own or possess any firearm to a
variety of punishments depending upon whether these persons have
prior convictions for a felony, specified misdemeanors within a
certain number of years, a domestic violence offense, or specified
offenses subject to the juvenile court law. Existing law also
provides specified punishments for every person who purchases or
receives, or attempts to purchase or receive, a firearm knowing that
he or she is subject to a protective order, a temporary restraining
order, or an injunction.
This bill would include in these provisions the owning or
possessing, and purchasing or receiving, ammunition for a firearm,
including, but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence.
The bill would make a number of related changes in connection with
firearm offenses involving the use, sale, delivery, or loan of
ammunition. The bill also would make a number of conforming changes.
By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
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 1. Section 12021 of the Penal Code is amended to read:
12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, of the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, who owns or has in his or her
possession or under his or her custody or control any firearm ,
or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, is guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm , or ammunition for a firearm, including, but not
limited to, any bullet, cartridge, magazine, clip, speedloader,
autoloader, or projectile capable of being fired from a firearm with
deadly consequence, is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm ,
or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, is guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 626.9, 646.9, or 12023, subdivision (b) or (d) of Section
12034, Section 12040, subdivision (b) of Section 12072, subdivision
(a) of former Section 12100, Section 12320 or 12590, or Section 8101
of the Welfare and Institutions Code, any firearm-related offense
pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions
Code, or of the conduct punished in paragraph (3) of subdivision (g)
of Section 12072, and who, within 10 years of the conviction, owns,
or has in his or her possession or under his or her custody or
control, any firearm , or ammunition for a firearm, including,
but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence, is guilty of a public offense,
which shall be punishable by imprisonment in the state prison or in
a county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
The court, on forms prescribed by the Department of Justice, shall
notify the department of persons subject to this subdivision.
However, the prohibition in this paragraph may be reduced,
eliminated, or conditioned as provided in paragraph (2) or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, who is subject to the prohibition imposed by this
subdivision because of a conviction under Section 273.5, 273.6, or
646.9, may petition the court only once for relief from this
prohibition. The petition shall be filed with the court in which the
petitioner was sentenced. If possible, the matter shall be heard
before the same judge that sentenced the petitioner. Upon filing the
petition, the clerk of the court shall set the hearing date and
shall notify the petitioner and the prosecuting attorney of the date
of the hearing. Upon making each of the following findings, the
court may reduce or eliminate the prohibition, impose conditions on
reduction or elimination of the prohibition, or otherwise grant
relief from the prohibition as the court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction prior to January 1, 1991, may
petition the court only once for relief from this prohibition. The
petition shall be filed with the court in which the petitioner was
sentenced. If possible, the matter shall be heard before the same
judge that sentenced the petitioner. Upon filing the petition, the
clerk of the court shall set the hearing date and notify the
petitioner and the prosecuting attorney of the date of the hearing.
Upon making each of the following findings, the court may reduce or
eliminate the prohibition, impose conditions on reduction or
elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his or her
possession or under his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c) is guilty of a public
offense, which shall be punishable by imprisonment in the state
prison or in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms provided by the Department of
Justice, shall notify the department of persons subject to this
subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), (2) is found to be a fit and proper subject to be dealt with
under the juvenile court law, and (3) is subsequently adjudged a ward
of the juvenile court within the meaning of Section 602 of the
Welfare and Institutions Code because the person committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c) shall not own, or have in his or her possession or under his or
her custody or control, any firearm , or ammunition for a
firearm, including, but not limited to, any bullet, cartridge,
magazine, clip, speedloader, autoloader, or projectile capable of
being fired from a firearm with deadly consequence, until the
age of 30 years. A violation of this subdivision shall be punishable
by imprisonment in the state prison or in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. The juvenile court,
on forms prescribed by the Department of Justice, shall notify the
department of persons subject to this subdivision. Notwithstanding
any other law, the forms required to be submitted to the department
pursuant to this subdivision may be used to determine eligibility to
acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) Every person who purchases or receives, or attempts to
purchase or receive, a firearm , or ammunition for a firearm,
including, but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence, knowing that he or she is
subject to a protective order as defined in Section 6218 of the
Family Code, or a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, is
guilty of a public offense, which shall be punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, by a fine not exceeding one thousand dollars ($1,000), or
both that imprisonment and fine. This subdivision does not apply
unless the copy of the restraining order personally served on the
person against whom the restraining order is issued contains a notice
in bold print stating (1) that the person is prohibited from
purchasing or receiving , or attempting to purchase or
receive , a firearm , or ammunition for a firearm,
including, but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence, and (2) specifying the
penalties for violating this subdivision, or a court has provided
actual verbal notice of the firearm and ammunition
prohibition and penalty as provided in Section 6304 of the Family
Code. However, this subdivision does not apply if the
a firearm , or ammunition for a firearm,
including, but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence, is received as part of the
disposition of community property pursuant to Division 7 (commencing
with Section 2500) of the Family Code.
SEC. 2. Section 12021.1 of the Penal Code is amended to read:
12021.1. (a) Notwithstanding subdivision (a) of Section 12021, any
person who has been previously convicted of any of the offenses
listed in subdivision (b) and who owns or has in his or her
possession or under his or her custody or control any firearm ,
or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, is guilty of a felony. A dismissal of an
accusatory pleading pursuant to Section 1203.4a involving an offense
set forth in subdivision (b) does not affect the finding of a
previous conviction. If probation is granted, or if the imposition
or execution of sentence is suspended, it shall be a condition of the
probation or suspension that the defendant serve at least six months
in a county jail.
(b) As used in this section, a violent offense includes any of the
following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(6) Lewd acts on a child under the age of 14 years.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or robbery.
(11) Assault with a deadly weapon or instrument on a peace
officer.
(12) Assault by a life prisoner on a noninmate.
(13) Assault with a deadly weapon by an inmate.
(14) Arson.
(15) Exploding a destructive device or any explosive with intent
to injure.
(16) Exploding a destructive device or any explosive causing great
bodily injury.
(17) Exploding a destructive device or any explosive with intent
to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a state prison.
(21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
(22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
(23) Escape from a state prison by use of force or violence.
(24) Assault with a deadly weapon or force likely to produce great
bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any attempt to commit a crime listed in this subdivision
other than an assault.
(27) Any offense enumerated in subdivision (a), (b), or (d) of
Section 12001.6.
(28) Carjacking.
(29) Any offense enumerated in subdivision (c) of Section 12001.6
if the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
(c) Any person previously convicted of any of the offenses listed
in subdivision (b) which conviction results from certification by the
juvenile court for prosecution as an adult in adult court under the
provisions of Section 707 of the Welfare and Institutions Code, who
owns or has in his or her possession or under his or her custody or
control any firearm , or ammunition for a firearm, including,
but not limited to, any bullet, cartridge, magazine, clip,
speedloader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence, is guilty of a felony. If
probation is granted, or if the imposition or execution of sentence
is suspended, it shall be a condition of the probation or suspension
that the defendant serve at least six months in a county jail.
(d) The court shall apply the minimum sentence as specified in
subdivisions (a) and (c) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (c), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (c), in which case
the court shall specify on the record and shall enter on the minutes
the circumstances indicating that the interests of justice would
best be served by the disposition.
SEC. 3. Section 12021.3 of the Penal Code is amended to read:
12021.3. Except as provided in subdivision (a) of Section 12021 or
paragraph (2) of subdivision (c) of Section 12021, any person who
has been convicted of a misdemeanor violation of Section 76 and who,
within 10 years of the conviction, owns, or has in his or her
possession or under his or her custody or control, any firearm ,
or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, is guilty of a public offense, which shall be
punishable by imprisonment in the state prison or in a county jail
not exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this section. However, the prohibition in this
section may be reduced, eliminated, or conditioned as provided in
paragraph (3) of subdivision (c) of Section 12021.
SEC. 4. Section 12022.4 of the Penal Code is amended to read:
12022.4. Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm
, or ammunition for a firearm, including, but not limited to, any
bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, to another for the purpose of aiding, abetting, or
enabling that person or any other person to commit a felony shall,
in addition and consecutive to the punishment prescribed by the
felony or attempted felony of which the person has been convicted, be
punished by an additional term of one, two, or three years in the
state prison. The court shall order the middle term unless there are
circumstances in aggravation or mitigation. The court shall state
the reasons for its enhancement choice on the record at the time of
the sentence. The additional term provided in this section shall not
be imposed unless the fact of the furnishing is charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
SEC. 5. Section 12071 of the Penal Code is amended to read:
12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who (A) has a valid federal firearms license, (B) has any
regulatory or business license, or licenses, required by local
government, (C) has a valid seller's permit issued by the State Board
of Equalization, (D) has a certificate of eligibility issued by the
Department of Justice pursuant to paragraph (4), (E) has a license
issued in the format prescribed by paragraph (6), and (F) is among
those recorded in the centralized list specified in subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 178.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
15-day waiting period specified in subparagraph (A) of paragraph (3),
and (ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Prior to January 1, 1996, within 15 days of the application
for the purchase, or, after notice by the department pursuant to
subdivision (c) of Section 12076, within 15 days of the submission to
the department of corrected copies of the register, or within 15
days of the submission to the department of any fee required pursuant
to subdivision (d) of Section 12076, whichever is later. On or
after January 1, 1996, within 15 days of the application for the
purchase of a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to subdivision (c) of Section 12076, within 15 days of the
submission to the department of corrected copies of the register, or
within 15 days of the submission to the department of any fee
required pursuant to subdivision (d) of Section 12076, whichever is
later. On or after January 1, 1996, within 10 days of the
application for the purchase of any other firearm, or, after notice
by the department pursuant to subdivision (c) of Section 12076,
within 10 days of the submission to the department of corrected
copies of the register, or within 10 days of the submission to the
department of any fee required pursuant to subdivision (d) of Section
12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(4) No pistol, revolver, or other
firearm or imitation thereof capable of being concealed upon the
person, or placard advertising the sale or other transfer thereof,
shall be displayed in any part of the premises where it can readily
be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) of Section 12072, and subdivision (a)
of Section 12316.
(7) The licensee shall post conspicuously within the licensed
premises the following warning in block letters not less than one
inch in height:
"IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND
IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON."
(8) (A) Commencing April 1, 1994, no pistol, revolver,
or other firearm capable of being concealed upon the person shall be
delivered unless the purchaser, transferee, or person being loaned
the firearm presents to the dealer a basic firearm safety
certificate.
(B) No ammunition for a firearm, including, but not limited to,
any bullet, cartridge, magazine, clip, speedloader, autoloader, or
projectile capable of being fired from a firearm with deadly
consequence, shall be delivered unless the purchaser, transferee, or
person being loaned the ammunition presents to the dealer a basic
firearm safety certificate.
(9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm or ammunition ,
or person being loaned a firearm or ammunition , with a
copy of the pamphlet described in Section 12080 and may add the cost
of the pamphlet, if any, to the sales price of the firearm or
ammunition .
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
(13) The licensee shall report the loss or theft of any firearm
that is merchandise of the licensee, any firearm that the licensee
takes possession of pursuant to Section 12082, or any firearm kept at
the licensee's place of business within 48 hours of discovery to the
appropriate law enforcement agency in the city, county, or city and
county where the licensee's business premises are located.
(14) In a city and county, or in the unincorporated area of a
county with a population of 200,000 persons or more according to the
most recent federal decennial census or within a city with a
population of 50,000 persons or more according to the most recent
federal decennial census, any time the licensee is not open for
business, the licensee shall store all firearms kept in his or her
licensed place of business using one of the following methods as to
each particular firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
with a population less than 200,000 persons according to the most
recent federal decennial census or within a city with a population of
less than 50,000 persons according to the most recent federal
decennial census may impose the requirements specified in paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code.
(iv) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and any regulations issued pursuant thereto.
(v) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this article, a "basic firearm safety certificate"
means a basic firearm certificate issued to the purchaser,
transferee, or person being loaned the firearm by the Department of
Justice pursuant to Article 8 (commencing with Section 12800) of
Chapter 6.
(3) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(4) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(5) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in Section 178.124a and subdivision (e)
of Section 178.125 of Title 27 of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 178.124a and subdivision (e) of
Section 178.125 of Title 27 of the Code of Federal Regulations.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
(e) Except as otherwise provided in this subdivision, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from
this list any person who knowingly or with gross negligence violates
this article. Upon removal of a dealer from this list, notification
shall be provided to local law enforcement and licensing authorities
in the jurisdiction where the dealer's business is located. The
department shall make information about an individual dealer
available, upon request, for one of the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed eighty-five dollars ($85), to cover the reasonable
cost of maintaining the list described in subdivision (e), including
the cost of inspections. Dealers whose place of business is in a
jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of the
department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
SEC. 6. Section 12072 of the Penal Code is amended to read:
12072. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm
or ammunition to any person within any of the classes
prohibited by Section 12021 or 12021.1.
(2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of a firearm or ammunition
to any person whom he or she has cause to believe to be within any of
the classes prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
(3) (A) No person, corporation, or firm shall sell, loan, or
transfer a firearm or ammunition to a minor.
(B) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078 that are
exempt from the prohibitions set forth in subparagraph (A).
(4) No person, corporation, or dealer shall sell, loan, or
transfer a firearm or ammunition to any person whom he or
she knows or has cause to believe is not the actual purchaser or
transferee of the firearm or ammunition , or to any person
who is not the person actually being loaned the firearm or
ammunition , if the person, corporation, or dealer has either
of the following:
(A) Knowledge that the firearm or ammunition is to be
subsequently loaned, sold, or transferred to avoid the provisions of
subdivision (d).
(B) Knowledge that the firearm or ammunition is to be
subsequently loaned, sold, or transferred to avoid the requirements
of any exemption to the provisions of subdivision (d).
(5) No person, corporation, or dealer shall acquire a firearm
or ammunition for the purpose of selling, transferring, or
loaning the firearm or ammunition , if the person,
corporation, or dealer has either of the following:
(A) In the case of a dealer, intent to violate subdivision (b) or
(c).
(B) In any other case, intent to avoid either of the following:
(i) The provisions of subdivision (d).
(ii) The requirements of any exemption to the provisions of
subdivision (d).
(b) No person licensed under Section 12071 shall supply, sell,
deliver, or give possession or control of a pistol, revolver, or
firearm capable of being concealed upon the person to any person
under the age of 21 years or any other firearm or ammunition
to a person under the age of 18 years.
(c) No dealer, whether or not acting pursuant to Section 12082,
shall deliver a firearm to a person, as follows:
(1) Prior to January 1, 1996, within 15 days of the application
for the purchase, or, after notice by the department pursuant to
subdivision (c) of Section 12076, within 15 days of the submission to
the department of corrected copies of the register, or within 15
days of the submission to the department of any fee required pursuant
to subdivision (d) of Section 12076, whichever is later. On or
after January 1, 1996, within 15 days of the application for the
purchase of a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to subdivision (c) of Section 12076, within 15 days of the
submission to the department of corrected copies of the register, or
within 15 days of the submission to the department of any fee
required pursuant to subdivision (d) of Section 12076, whichever is
later. On or after January 1, 1996, within 10 days of the
application for the purchase of any other firearm, or, after notice
by the department pursuant to subdivision (c) of Section 12076,
within 10 days of the submission to the department of corrected
copies of the register, or within 10 days of the submission to the
department of any fee required pursuant to subdivision (d) of Section
12076, whichever is later.
(2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age, as
defined in Section 12071, to the dealer.
(4) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(5) Commencing April 1, 1994, no pistol, revolver, or other
firearm capable of being concealed upon the person shall be delivered
unless the purchaser, transferee, or person being loaned the firearm
presents to the dealer a basic firearm safety certificate.
(d) No dealer, whether or not acting pursuant to Section
12082, shall deliver any ammunition as defined in subdivision (i) to
any person as follows:
(1) Unless the purchaser, transferee, or person being loaned the
ammunition presents clear evidence of his or her identity and age, as
defined in Section 12071, to the dealer.
(2) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(3) Unless the purchaser, transferee, or person being loaned the
ammunition presents to the dealer a basic firearm safety certificate.
(e) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm or ammunition through either of the following:
(1) A licensed dealer pursuant to Section 12082.
(2) A law enforcement agency pursuant to Section 12084.
(e)
(f) No person may commit an act of collusion relating to
Article 8 (commencing with Section 12800) of Chapter 6. For purposes
of this section and Section 12071, collusion may be proven by any
one of the following factors:
(1) Answering a test applicant's questions during an objective
test relating to basic firearms safety.
(2) Knowingly grading the examination falsely.
(3) Providing an advance copy of the test to an applicant.
(4) Taking or allowing another person to take the basic firearms
safety course for one who is the applicant for the basic firearms
safety certificate.
(5) Allowing another to take the objective test for the applicant,
purchaser, or transferee.
(6) Allowing others to give unauthorized assistance during the
examination.
(7) Reference to materials during the examination and cheating by
the applicant.
(8) Providing originals or photocopies of the objective test, or
any version thereof, to any person other than as specified in
subdivision (f) (g) of Section 12805.
(f)
(g) No person who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
shall deliver, sell, or transfer a firearm or ammunition
to a person who is licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and whose licensed
premises are located in this state unless one of the following
conditions is met:
(1) The person presents proof of licensure pursuant to Section
12071 to that person.
(2) The person presents proof that he or she is exempt from
licensure under Section 12071 to that person, in which case the
person also shall present proof that the transaction is also exempt
from the provisions of subdivision (d) (e)
.
(g)
(h) (1) Except as provided in paragraph (2) or (3), a
violation of this section is a misdemeanor.
(2) If any of the following circumstances apply, a violation of
this section is punishable by imprisonment in the state prison for
two, three, or four years.
(A) If the violation is of paragraph (1) of subdivision (a).
(B) If the defendant has a prior conviction of violating this
section or former Section 12100 of this code or Section 8101 of the
Welfare and Institutions Code.
(C) If the defendant has a prior conviction of violating any
offense specified in subdivision (b) of Section 12021.1 or of a
violation of Section 12020, 12220, or 12520, or of former Section
12560.
(D) If the defendant is in a prohibited class described in Section
12021 or 12021.1 of this code or Section 8101 of the Welfare and
Institutions Code.
(E) A violation of this section by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(3) If any of the following circumstances apply, a violation of
this section shall be punished by imprisonment in the state prison or
in a county jail not to exceed one year, or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment.
(A) A violation of paragraph (2) of subdivision (a).
(B) A violation of paragraph (3) of subdivision (a) involving the
sale, loan, or transfer of a pistol, revolver, or other firearm
capable of being concealed upon the person to a minor.
(C) A violation of paragraph (4) of subdivision (a).
(D) A violation of paragraph (5) of subdivision (a).
(E) A violation of subdivision (b) involving the delivery of a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(F) A violation of paragraph (1), (3), (4), or (5) of subdivision
(c) involving a pistol, revolver, or other firearm capable of being
concealed upon the person.
(G) A violation of subdivision (d) (e)
involving a pistol, revolver, or other firearm capable of being
concealed upon the person.
(H) A violation of subdivision (e) (f)
.
(i) As used in this section, "ammunition" means any ammunition for
a firearm, including, but not limited to, any bullet, cartridge,
magazine, clip, speedloader, autoloader, or projectile capable of
being fired from a firearm with deadly consequence.
SEC. 7. Section 12078 of the Penal Code is amended to read:
12078. (a) (1) The preceding provisions of this article, except
subdivision (e) of Section 12076, do not apply to deliveries,
transfers, or sales of firearms made to persons properly identified
as full-time paid peace officers as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, provided that the
peace officers are authorized by their employer to carry firearms
while in the performance of their duties, nor to deliveries,
transfers, or sales of firearms made to authorized representatives of
cities, cities and counties, counties, state or federal governments
for use by those governmental agencies. Proper identification is
defined as verifiable written certification from the head of the
agency by which the purchaser or transferee is employed, identifying
the purchaser or transferee as a peace officer who is authorized to
carry firearms while in the performance of his or her duties, and
authorizing the purchase or transfer. The certification shall be
delivered to the seller or transferor at the time of purchase or
transfer and the purchaser or transferee shall identify himself or
herself as the person authorized in the certification. On the day
the sale, delivery, or transfer is made, where a peace officer is
receiving the firearm, and either a dealer is not the seller or
transferor, or is not otherwise the person responsible for the
delivery of the firearm, or the transfer or sale is not conducted
through a law enforcement agency pursuant to Section 12084, the peace
officer shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the seller
or transferor, the buyer or transferee, the firearm as is indicated
in Section 12077, together with the original certification. On the
day the sale, delivery, or transfer is made, where a dealer is the
seller, transferor, or otherwise responsible for delivery of the
firearm, the dealer shall forward by prepaid mail to the Department
of Justice a report of the same and the type of information
concerning the buyer or transferee and the firearm as is indicated in
Section 12077, together with the original certification. On the day
the sale, delivery, or transfer is made, where the transfer is
conducted pursuant to Section 12084, the law enforcement agency shall
forward by prepaid mail to the Department of Justice a report of the
same and the type of information concerning the buyer or transferee
and the firearm as is indicated in Section 12084, together with the
original certification. The reports which peace officers shall
complete shall be provided to them by the department. No report need
be submitted to the Department of Justice where a peace officer
receiving the firearm received it from his or her employer in
accordance with the applicable rules, regulations, or procedures of
the employer.
(2) The preceding provisions of this article, except subdivision
(e) of Section 12076, do not apply to deliveries, transfers, or sales
of firearms made to peace officers as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 made pursuant to
Section 10334 of the Public Contract Code. On the day the sale,
delivery, or transfer is made, and a dealer is not the person
responsible for the delivery of the firearm or the transfer or sale
is not conducted through a law enforcement agency pursuant to Section
12084, the peace officer receiving the firearm shall forward by
prepaid mail to the Department of Justice a report of the same and
the type of information concerning the seller or transferor, the
buyer or transferee, and the firearm as is indicated in Section
12077. On the day the sale, delivery, or transfer is made, where a
dealer is responsible for delivery of the firearm, the dealer shall
forward by prepaid mail to the Department of Justice a report of the
same and the type of information concerning the buyer or transferee
and the firearm as is indicated in Section 12077. On the day the
sale, delivery, or transfer is made where the transfer is conducted
pursuant to Section 12084, the law enforcement agency shall forward
by prepaid mail to the Department of Justice a report of the same and
the type of information concerning the buyer or transferee and the
firearm as is indicated in Section 12084. The reports which peace
officers shall complete shall be the same as those set forth in
paragraph (1) of this subdivision and shall be provided to them by
the department.
(3) Subdivision (d) (e) of Section
12072 does not apply to sales, deliveries, or transfers of firearms
to authorized representatives of cities, cities and counties,
counties, or state or federal governments for those governmental
agencies where the entity is acquiring the weapon as part of an
authorized, voluntary program where the entity is buying or receiving
weapons from private individuals. Any weapons acquired pursuant to
this subdivision shall be disposed of pursuant to the applicable
provisions of Section 12028 or 12032.
(b) Section 12071 and
subdivisions (c) and (d) (e) of Section
12072 shall not apply to deliveries, sales, or transfers of firearms
between or to importers and manufacturers of firearms licensed to
engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(c) (1) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to the
infrequent transfer of ammunition or a firearm that is not
a pistol, revolver, or other firearm capable of being concealed upon
the person by gift, bequest, intestate succession, or other means by
one individual to another if both individuals are members of the
same immediate family.
(2) Subdivision (d) (e) of Section 12072 shall
not apply to the infrequent transfer of a pistol, revolver, or other
firearm capable of being concealed upon the person by gift, bequest,
intestate succession, or other means by one individual to another if
both individuals are members of the same immediate family and both of
the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) Prior to taking possession of the firearm, the person taking
title to the firearm shall obtain a basic firearm safety certificate.
(3) As used in this subdivision, immediate family member means any
one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to the infrequent
loan of firearms between persons who are personally known to each
other for any lawful purpose, if the loan does not exceed 30 days in
duration.
(e) Section 12071 and subdivisions (c) and (d)
(e) of Section 12072 shall not apply to the delivery of a
firearm to a gunsmith for service or repair.
(f) Subdivision (d) (e) of Section
12072 shall not apply to the sale, delivery, or transfer of firearms
by persons who reside in this state to persons who reside outside
this state who are licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, if the sale, delivery, or
transfer is in accordance with Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto.
(g) (1) Subdivision (d) (e) of
Section 12072 shall not apply to the infrequent sale or transfer of a
firearm, other than a pistol, revolver, or other firearm capable of
being concealed upon the person, at auctions or similar events
conducted by nonprofit mutual or public benefit corporations
organized pursuant to the Corporations Code.
As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions of or similar
events.
(2) Subdivision (d) (e) of Section
12072 shall not apply to the transfer of a firearm other than a
pistol, revolver, or other firearm capable of being concealed upon
the person, if the firearm is donated for an auction or similar event
described in paragraph (1) and the firearm is delivered to the
nonprofit corporation immediately preceding, or contemporaneous with,
the auction or similar event.
(3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a pistol,
revolver, or other firearm capable of being concealed upon the
person, at an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b)
of Section 12071. Within 48 hours of the sale, delivery, or
transfer, the dealer shall forward by prepaid mail to the Department
of Justice a report of the same as is indicated in paragraph (3) of
subdivision (a) of Section 12077.
(h) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to the loan of a
firearm or ammunition for the purposes of shooting at
targets if the loan occurs on the premises of a target facility which
holds a business or regulatory license or on the premises of any
club or organization organized for the purposes of practicing
shooting at targets upon established ranges, whether public or
private, if the firearm is at all times kept within the premises of
the target range or on the premises of the club or organization.
(i) (1) Subdivision (d) (e) of
Section 12072 shall not apply to a person who takes title or
possession of firearms by operation of law if all the following
conditions are met:
(A) The person is not prohibited by Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms.
(B) If the firearms are pistols, revolvers, or other firearms
capable of being concealed upon the person, and the person is not a
levying officer as defined in Section 481.140, 511.060, or 680.210 of
the Code of Civil Procedure, the person shall, within 30 days of
taking possession, forward by prepaid mail or deliver in person to
the Department of Justice, a report of the same and the type of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question. The reports which
individuals complete pursuant to this paragraph shall be provided to
them by the Department of Justice.
(C) In the case of a transmutation of property between spouses
made in accordance with Section 850 of the Family Code consisting of
a pistol, revolver, or other firearm capable of being concealed upon
the person, or of ammunition as defined in Section 12072,
taking place on or after April 1, 1994, a basic firearm safety
certificate shall be required prior to taking possession of the
firearm or ammunition .
(2) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to a person who
takes possession of a firearm or ammunition by operation
of law in a representative capacity who transfers ownership of the
firearm or ammunition to himself or herself in his or her
individual capacity. In the case of ammunition, a pistol,
revolver, or other firearm capable of being concealed upon the
person, on and after April 1, 1994, that individual shall have a
basic firearm safety certificate in order for the exemption set forth
in this paragraph to apply.
(j) Subdivision (d) (e) of Section
12072 shall not apply to deliveries, transfers, or returns of
firearms made pursuant to Section 12028, 12028.5, or 12030.
(k) Section 12071 and subdivision (c) of Section 12072 shall not
apply to:
(1) The delivery, sale, or transfer of unloaded firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person by a dealer to another dealer upon proof that the
person receiving the firearm is licensed pursuant to Section 12071.
(2) The delivery, sale, or transfer of unloaded firearms by
dealers to persons who reside outside this state who are licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(3) The delivery, sale, or transfer of unloaded firearms to a
wholesaler if the firearms are being returned to the wholesaler and
are intended as merchandise in the wholesaler's business.
(4) The delivery, sale, or transfer of unloaded firearms by one
dealer to another dealer if the firearms are intended as merchandise
in the receiving dealer's business upon proof that the person
receiving the firearm is licensed pursuant to Section 12071.
(5) The delivery, sale, or transfer of an unloaded firearm that is
not a pistol, revolver, or other firearm capable of being concealed
upon the person by a dealer to himself or herself.
(6) The loan of an unloaded firearm by a dealer who also operates
a target facility that holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
(lA person who is exempt from subdivision (d)
(e) of Section 12072 or is otherwise not required by law to
report his or her acquisition, ownership, or disposal of a pistol,
revolver, or other firearm capable of being concealed upon the person
or who moves out of this state with his or her pistol, revolver, or
other firearm capable of being concealed upon the person may submit a
report of the same to the Department of Justice in a format
prescribed by the department.
(m) Subdivision (d) (e) of Section
12072 shall not apply to the delivery, sale, or transfer of unloaded
firearms to a wholesaler as merchandise in the wholesaler's business
by manufacturers or importers licensed to engage in that business
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto,
or by another wholesaler, if the delivery, sale, or transfer is made
in accordance with Chapter 44 (commencing with Section 921) of Title
18 of the United States Code.
(n) (1) The waiting period described in Section 12071 or 12072
shall not apply to the delivery, sale, or transfer of a pistol,
revolver, or other firearm capable of being concealed upon the person
by a dealer in either of the following situations:
(A) The dealer is delivering the firearm to another dealer and it
is not intended as merchandise in the receiving dealer's business.
(B) The dealer is delivering the firearm to himself or herself and
it is not intended as merchandise in his or her business.
(2) In order for this subdivision to apply, both of the following
shall occur:
(A) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that he or she is licensed pursuant to Section
12071.
(B) Whether the dealer is delivering, selling, or transferring the
firearm to himself or herself or to another dealer, on the date that
the delivery, sale, or transfer is made, the dealer delivering the
firearm shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the
purchaser or transferee as is indicated in paragraph (2) of
subdivision (a) of Section 12077.
(o) Section 12071 and subdivisions (c) and (d)
(e) of Section 12072 shall not apply to the delivery,
sale, or transfer of firearms regulated pursuant to Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275), if the delivery, sale, or transfer is conducted
in accordance with the applicable provisions of Section 12020,
Chapter 2 (commencing with Section 12200), or Chapter 2.3 (commencing
with Section 12275).
(p) (1) Paragraph (3) of subdivision (a) and subdivision
(d) (e) of Section 12072 shall not apply to the
loan of a firearm that is not a pistol, revolver, or other firearm
capable of being concealed upon the person to a minor, with the
express permission of the parent or legal guardian of the minor, if
the loan does not exceed 30 days in duration and is for a lawful
purpose.
(2) Paragraph (3) of subdivision (a) and subdivision
subdivisions (d) and (e) of Section
12072 shall not apply to the loan of ammunition, a pistol,
revolver, or other firearm capable of being concealed upon the
person to a minor by a person who is not the parent or legal guardian
of the minor if all of the following circumstances exist:
(A) The minor has the written consent of his or her parent or
legal guardian that is presented at the time of, or prior to the time
of, the loan, or is accompanied by his or her parent or legal
guardian at the time the loan is made.
(B) The minor is being loaned the firearm or ammunition
for the purpose of engaging in a lawful, recreational sport,
including, but not limited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion picture, television, or
video production, or entertainment or theatrical event, the nature of
which involves the use of a firearm or ammunition .
(C) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm or
ammunition .
(D) The duration of the loan does not, in any event, exceed 10
days.
(3) Paragraph (3) of subdivision (a) and of subdivision
subdivisions (d) and (e) of Section
12072 shall not apply to the loan of ammunition, a pistol,
revolver, or other firearm capable of being concealed upon the
person to a minor by his or her parent or legal guardian if both of
the following circumstances exist:
(A) The minor is being loaned the firearm or ammunition
for the purposes of engaging in a lawful, recreational sport,
including, but not limited to, competitive shooting, or agricultural,
ranching, or hunting activity, or a motion picture, television, or
video production, or entertainment or theatrical event, the nature of
which involves the use of a firearm or ammunition .
(B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment, or theatrical
event, the nature of which involves the use of a firearm or
ammunition .
(4) Paragraph (3) of subdivision (a) of Section 12072 shall not
apply to the transfer or loan of a firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the person
to a minor by his or her parent or legal guardian.
(5) Paragraph (3) of subdivision (a) of Section 12072 shall not
apply to the transfer or loan of a firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the person
to a minor by his or her grandparent who is not the legal guardian
of the minor if the transfer is done with the express permission of
the parent or legal guardian of the minor.
(q) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to the loan of
ammunition or a firearm that is not a pistol, revolver, or
other firearm capable of being concealed upon the person to a
licensed hunter for use by that licensed hunter for a period of time
not to exceed the duration of the hunting season for which that
firearm or ammunition is to be used.
(r) The waiting period described in Section 12071, 12072, or 12084
shall not apply to the delivery, sale, or transfer of a firearm to
the holder of a special weapons permit issued by the Department of
Justice issued pursuant to Section 12095, 12230, 12250, or 12305. On
the date that the delivery, sale, or transfer is made, the dealer
delivering the firearm or the law enforcement agency processing the
transaction pursuant to Section 12084, shall forward by prepaid mail
to the Department of Justice a report of the information concerning
the purchaser or transferee as described in subdivision (a) of
Section 12077 or Section 12084.
(s) Subdivision Subdivisions (d)
and (e) of Section 12072 shall not apply to the loan of an
unloaded firearm or the loan of blank cartridges or the
loan of a firearm loaded with blank cartridges for use solely as a
prop for a motion picture, television, or video production or an
entertainment or theatrical event.
(t) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of
subdivision (c) of Section 12070.
(2) "A person taking title or possession of firearms or
ammunition by operation of law" includes, but is not limited
to, any of the following instances wherein an individual receives
title to, or possession of, firearms:
(A) The executor or administrator of an estate if the estate
includes firearms or ammunition .
(B) A secured creditor or an agent or employee thereof when the
firearms or ammunition are possessed as collateral for, or
as a result of, a default under a security agreement under the
Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver if
the receivership estate includes firearms or ammunition .
(E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms or ammunition .
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms
or ammunition .
(G) A transmutation of property consisting of firearms or
ammunition pursuant to Section 850 of the Family Code.
(H) Firearms or ammunition passing to a surviving
spouse pursuant to Chapter 1 (commencing with Section 13500) of Part
2 of Division 8 of the Probate Code.
SEC. 8. Section 12080 of the Penal Code is amended to read:
12080. (a) The Department of Justice shall prepare a pamphlet
which summarizes California firearms or ammunition laws as
they pertain to persons other than law enforcement officers or
members of the armed services.
(b) The pamphlet shall include the following matters:
(1) Lawful possession.
(2) Licensing procedures.
(3) Transportation and use of firearms or ammunition .
(4) Acquisition of hunting licenses.
(5) The safe handling and use of firearms or ammunition
.
(6) Various methods of safe storage and child proofing of firearms
or ammunition .
(7) The availability of firearms safety programs and devices.
(8) The responsibilities of firearms ownership.
(9) The operation of various types of firearms.
(10) The lawful use of deadly force.
(c) The department shall offer copies of the pamphlet at actual
cost to firearms dealers licensed pursuant to Section 12071 who shall
have copies of the most current version available for sale to retail
purchasers or transferees of firearms and ammunition .
The cost of the pamphlet, if any, may be added to the sale price of
the firearm or ammunition . Other interested parties may
purchase copies directly from the Department of General Services.
The pamphlet shall declare that it is merely intended to provide a
general summary of laws applicable to firearms and ammunition
and is not designed to provide individual guidance for specific
areas. Individuals having specific questions shall be directed to
contact their local law enforcement agency or private counsel.
(d) The Department of Justice or any other public entity shall be
immune from any liability arising from the drafting, publication, or
dissemination of the pamphlet or any reliance upon it. All receipts
from the sale of these pamphlets shall be deposited as reimbursements
to the support appropriation for the Department of Justice.
SEC. 9. Section 12082 of the Penal Code is amended to read:
12082. A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision
(d) (e) of Section 12072. The Attorney
General shall adopt regulations under this section to allow the
seller or transferor or the person loaning the firearm and the
purchaser or transferee or the person being loaned the firearm to
complete a sale, loan, or transfer through a dealer, and to allow
those persons and the dealer to comply with the requirements of this
section and of Sections 12071, 12072, 12076, and 12077 and to
preserve the confidentiality of records. The register shall state
the name and address of the seller or transferor of the firearm or
the person loaning the firearm in addition to any other information
required by Section 12077. The seller or transferor or the person
loaning the firearm shall deliver the firearm to the dealer who shall
retain possession of that firearm. The dealer shall then deliver
the firearm to the purchaser or transferee or the person being loaned
the firearm, if it is not prohibited, in accordance with subdivision
(c) of Section 12072. If the dealer cannot legally deliver the
firearm to the purchaser or transferee or the person being loaned the
firearm, the dealer shall forthwith, without waiting for the
conclusion of the waiting period described in Sections 12071 and
12072, return the firearm to the transferor or seller or the person
loaning the firearm. The dealer shall not return the firearm to the
seller or transferor or the person loaning the firearm when to do so
would constitute a violation of subdivision (a) of Section 12072. If
the dealer cannot legally return the firearm to the transferor or
seller or the person loaning the firearm, then the dealer shall
forthwith deliver the firearm to the sheriff of the county or the
chief of police or other head of a municipal police department of any
city or city and county who shall then dispose of the firearm in the
manner provided by Sections 12028 and 12032. The purchaser or
transferee or person being loaned the firearm may be required by the
dealer to pay a fee not to exceed ten dollars ($10) per firearm, plus
the applicable fee that the Department of Justice may charge
pursuant to Section 12076. Nothing in these provisions shall prevent
a dealer from charging a smaller fee. The fee that the department
may charge is the fee that would be applicable pursuant to Section
12076, if the dealer was selling, transferring, or delivering a
firearm to a purchaser or transferee or person being loaned a
firearm, without any other parties being involved in the transaction.
A violation of this section by a dealer is a misdemeanor.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.