BILL NUMBER: SB 671	CHAPTERED
	BILL TEXT

	CHAPTER   128
	FILED WITH SECRETARY OF STATE   JULY 5, 1996
	APPROVED BY GOVERNOR   JULY 3, 1996
	PASSED THE SENATE   JUNE 20, 1996
	PASSED THE ASSEMBLY   JUNE 13, 1996
	AMENDED IN ASSEMBLY   JUNE 4, 1996
	AMENDED IN ASSEMBLY   APRIL 22, 1996
	AMENDED IN ASSEMBLY   MARCH 7, 1996
	AMENDED IN ASSEMBLY   AUGUST 29, 1995
	AMENDED IN ASSEMBLY   JUNE 20, 1995
	AMENDED IN SENATE   MAY 4, 1995
	AMENDED IN SENATE   APRIL 6, 1995

INTRODUCED BY  Senator Lewis
   (Principal coauthor:  Senator Peace)

                        FEBRUARY 22, 1995

   An act to amend Sections 11106, 12001, 12071, 12072, 12073, 12074,
12076, 12077, 12078, 12082, and 12084 of, and to repeal Section
12083 of, the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 671, Lewis.  Firearms:  dealers' record of sale.
   (1) Existing law prohibits the delivery of any pistol, revolver,
or other firearm capable of being concealed upon the person within 15
days of the application to purchase, the submission of any
correction to the application pursuant to certain requirements, or
the receipt of a specified fee, whichever occurs later.  As of
January 1, 1996, the minimum period prior to delivery was reduced to
10 days in the case of a firearm other than a pistol, revolver, or
other firearm capable of being concealed upon the person.
   This bill would reduce the minimum period prior to delivery to 10
days in the case of all firearms delivered on or after April 1, 1997.

   (2) Under existing law, it is an offense punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison, or by a fine not to exceed $1,000, or by both the fine and
imprisonment for licensed firearm dealers to sell, loan, or transfer
a pistol, revolver, or other firearm capable of being concealed upon
the person to any person under the age of 21 years or any other
firearm to a person under the age of 18 years.
   This bill would make a violation of this provision punishable by
imprisonment in the state prison for 2, 3, or 4 years where the
licensed firearm dealer delivers a pistol, revolver, or other firearm
capable of being concealed upon the person to a person who the
dealer knows, or should know, is a minor.  By increasing the penalty
for a crime, this bill would impose a state-mandated local program.
   (3) Existing law requires every firearms dealer to keep a register
in which certain information is to be entered pursuant to specified
procedures.  A violation of these provisions is a misdemeanor.
Existing law also requires the dealer to submit to the Department of
Justice 2 copies of the original sheet of the register by placing the
copies in the mail, postage prepaid, and properly addressed to the
department in Sacramento.
   This bill would set forth procedures under which the electronic or
telephonic transfer of applicant information would be the exclusive
means by which firearm purchaser information would be submitted to
the department on or after January 1, 1998.  The bill would require
the dealer to keep a record of the electronic or telephonic transfers
containing the same information currently required to be entered on
the dealers' record of sale register.  The Department of Justice
would be required, among other things, to develop standards for all
appropriate electronic and telephonic equipment and telephone numbers
to effect the transfer of information to the department under these
provisions.  Because the bill would create a new crime, it would
impose a state-mandated local program.
   (4) Existing law requires the Attorney General to maintain a
registry of information reported to the Department of Justice
regarding the licensing of firearms dealers and including various
transactions involving pistols, revolvers, or other firearms capable
of being concealed upon the person.  This registry is required to
include, among other information, the name and address of, and other
information about, the person from whom the owner acquired or the
person being loaned the pistol, revolver, or other firearm capable of
being concealed upon the person.
   This bill would additionally require this registry to include when
the firearm was acquired or loaned.
  (5) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11106 of the Penal Code is amended to read:
   11106.  (a) In order to assist in the investigation of crime, the
arrest and prosecution of criminals, and the recovery of lost,
stolen, or found property, the Attorney General shall keep and
properly file a complete record of all copies of fingerprints, copies
of applications for licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12078, forms provided pursuant
to Section 12084, reports provided pursuant to Section 12071 that are
not dealers' records of sales of firearms, and reports of stolen,
lost, found, pledged, or pawned property in any city or county of
this state, and shall, upon proper application therefor, furnish to
the officers mentioned in Section 11105, hard copy printouts of those
records as photographic, photostatic, and nonerasable optically
stored reproductions.
   (b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person, from forms submitted pursuant to Section 12084 for
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person, or from dealers' records of sales
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person.  All copies of the forms
submitted, or any information received in electronic form, pursuant
to Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or of the
dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person shall be destroyed within five days of the clearance by the
Attorney General, unless the purchaser or transferor is ineligible to
take possession of the firearm.  All copies of the reports filed, or
any information received in electronic form, pursuant to subdivision
(a) of Section 12078 for firearms that are not pistols, revolvers,
or other firearms capable of being concealed upon the person shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
   (2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license issued
pursuant to Section 12071.
   (3) A violation of this subdivision is a misdemeanor.
   (c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to pistols, revolvers, or other firearms capable
of being concealed upon the person and maintain a registry thereof.
   (2) The registry shall consist of all of the following:
   (A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular pistol, revolver, or other firearm
capable of being concealed upon the person as listed on the
information provided to the department on the Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in Section 12084,
or reports made to the department pursuant to Section 12078 or any
other law.
   (B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular pistol, revolver,
or other firearm capable of being concealed upon the person and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Record of Sale, the LEFT, or
reports made to the department pursuant to Section 12078 or any other
law.
   (C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that firearm.
   (D) The manufacturer's name if stamped on the firearm; model name
or number if stamped on the firearm; and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
   (3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105 or to the person listed in the registry
as the owner or person who is listed as being loaned the particular
pistol, revolver, or other firearm capable of being concealed upon
the person in the form of hard copy printouts of that information as
photographic, photostatic, and nonerasable optically stored
reproductions.
  SEC. 2.  Section 12001 of the Penal Code is amended to read:
   12001.  (a) As used in this title, the terms "pistol," "revolver,"
and "firearm capable of being concealed upon the person" shall apply
to and include any device designed to be used as a weapon, from
which is expelled a projectile by the force of any explosion, or
other form of combustion, and which has a barrel less than 16 inches
in length.  These terms also include any device which has a barrel 16
inches or more in length which is designed to be interchanged with a
barrel less than 16 inches in length.
   (b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of combustion.

   (c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, and 12101 of this code, and Sections 8100, 8101, and
8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.
   (d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
   (e) (1) For purposes of Sections 12070, 12071, and subdivisions
(b), (c), and (d) of Section 12072, the term "firearm" does not
include an unloaded firearm which is defined as an "antique firearm"
in Section 921(a)(16) of Title 18 of the United States Code.
   (2) For purposes of Sections 12070, 12071, and subdivisions (b),
(c), and (d) of Section 12072, the term "firearm" does not include an
unloaded firearm that meets both of the following:
   (A) It is not a pistol, revolver, or other firearm capable of
being concealed upon the person.
   (B) It is a curio or relic, as defined in Section 178.11 of Title
27 of the Code of Federal Regulations.
   (f) Nothing shall prevent a device defined as a "pistol,"
"revolver," or "firearm capable of being concealed upon the person"
from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
   (g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument which expels a metallic projectile, such as a
BB or a pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun.
   (h) As used in this title, "wholesaler" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto who sells, transfers, or assigns firearms, or parts
of firearms, to persons who are licensed as manufacturers,
importers, or gunsmiths pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, or persons
licensed pursuant to Section 12071, and includes persons who receive
finished parts of firearms and assemble them into completed or
partially completed firearms in furtherance of that purpose.
   "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Section 12071 and the
regulations issued pursuant thereto.  A wholesaler also does not
include those persons dealing exclusively in grips, stocks, and other
parts of firearms that are not frames or receivers thereof.
   (i) As used in Section 12071, 12072, or 12084, "application to
purchase" means any of the following:
   (1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
   (2) The initial completion of the LEFT by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (d) of Section 12084.
   (3) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
   (j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
   (k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, and 12101 of this code, and Sections 8100, 8101, and
8103 of the Welfare and Institutions Code, notwithstanding the fact
that the term "any firearm" may be used in those sections, each
firearm or the frame or receiver of the same shall constitute a
distinct and separate offense under those sections.
   (l) For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
  SEC. 3.  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
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.
   (D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
   (i) The building designated in the license.
   (ii) The places specified in subparagraph (B) or (C).
   (iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
   (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 April 1, 1997, within 15 days of the application to
purchase a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to subdivision (d) of Section 12076, within 15 days of the
submission to the department of any correction to the application, or
within 15 days of the submission to the department of any fee
required pursuant to subdivision (e) of Section 12076, whichever is
later.  Prior to April 1, 1997, within 10 days of the application to
purchase any firearm that is not a pistol, revolver, or other firearm
capable of being concealed upon the person, or, after notice by the
department pursuant to subdivision (d) of Section 12076, within 10
days of the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to subdivision (e) of Section 12076,
whichever is later.  On or after April 1, 1997, within 10 days of the
application to purchase, or, after notice by the department pursuant
to subdivision (d) of Section 12076, within 10 days of the
submission to the department of any correction to the application, or
within 10 days of the submission to the department of any fee
required pursuant to subdivision (e) 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 warnings in block letters not less than one
inch in height:
   (A) "IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND
IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON."
   (B) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY.  HAVE ADEQUATE VENTILATION AT ALL TIMES.
WASH HANDS THOROUGHLY AFTER EXPOSURE."
   (8) 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.
   (9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, 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.
   (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. 4.  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 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 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 to a minor.
   (B) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078.
   (4) No person, corporation, or dealer shall sell, loan, or
transfer a firearm to any person whom he or she knows or has cause to
believe is not the actual purchaser or transferee of the firearm, or
to any person who is not the person actually being loaned the
firearm, if the person, corporation, or dealer has either of the
following:
   (A) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the provisions of subdivision (c) or (d).
   (B) Knowledge that the firearm is to be subsequently loaned, sold,
or transferred to avoid the requirements of any exemption to the
provisions of subdivision (c) or (d).
   (5) No person, corporation, or dealer shall acquire a firearm for
the purpose of selling, transferring, or loaning the firearm, 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).
   (6) The dealer shall comply with the provisions of paragraph (18)
of subdivision (b) of Section 12071.
   (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 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 April 1, 1997, within 15 days of the application to
purchase a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to subdivision (d) of Section 12076, within 15 days of the
submission to the department of any correction to the application, or
within 15 days of the submission to the department of any fee
required pursuant to subdivision (e) of Section 12076, whichever is
later.  Prior to April 1, 1997, within 10 days of the application to
purchase any firearm that is not a pistol, revolver, or other firearm
capable of being concealed upon the person, or, after notice by the
department pursuant to subdivision (d) of Section 12076, within 10
days of the submission to the department of any correction to the
application, or within 10 days of the submission to the department of
any fee required pursuant to subdivision (e) of Section 12076,
whichever is later.  On or after April 1, 1997, within 10 days of the
application to purchase, or, after notice by the department pursuant
to subdivision (d) of Section 12076, within 10 days of the
submission to the department of any correction to the application, or
within 10 days of the submission to the department of any fee
required pursuant to subdivision (e) 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) 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 through either of the following:
   (1) A licensed dealer pursuant to Section 12082.
   (2) A law enforcement agency pursuant to Section 12084.
   (e) 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) of Section 12805.
   (f) 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 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).
   (g) (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 8100 or 8103 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.
   (F) A violation of subdivision (b) involving the delivery of a
pistol, revolver, or other firearm capable of being concealed upon
the person to a person who the dealer knows, or should know, is a
minor.
   (3) If any of the following circumstances apply, a violation of
this section shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison, 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) involving a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (H) A violation of subdivision (e).
  SEC. 5.  Section 12073 of the Penal Code is amended to read:
   12073.  (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Section
12077.
   (b) This section shall not apply to any of the following
transactions:
   (1) 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 another dealer upon proof that the
person receiving the firearm is licensed pursuant to Section 12071.
   (2) The delivery, sale, or transfer of an unloaded firearm by a
dealer to another dealer if that firearm is intended as merchandise
in the receiving dealer's business upon proof that the person
receiving the firearm is licensed pursuant to Section 12071.
   (3) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a person licensed as an importer or manufacturer pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
   (4) The delivery, sale, or transfer of an unloaded firearm by a
dealer who sells, transfers, or delivers the firearm to 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.
   (5) The delivery, sale, or transfer of an unloaded firearm by a
dealer to a wholesaler if that firearm is being returned to the
wholesaler and is intended as merchandise in the wholesaler's
business.
   (6) 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.
   (7) The loan of an unloaded firearm by a dealer who also operates
a target facility which 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 purpose of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or club or organization, if the
firearm is kept at all times within the premises of the target range
or on the premises of the club or organization.
   (8) The delivery of an unloaded firearm by a dealer to a gunsmith
for service or repair.
   (c) A violation of this section is a misdemeanor.
  SEC. 6.  Section 12074 of the Penal Code is amended to read:
   12074.  (a) The register shall be prepared by and obtained from
the State Printer and shall be furnished by the State Printer only to
dealers on application at a cost to be determined by the Department
of General Services for each 100 leaves in quadruplicate, one
original and three duplicates for the making of carbon copies.  The
original and duplicate copies shall differ in color, and shall be in
the form provided by this article.
   (b) Where the electronic or telephonic transfer of applicant
information is used, the Department of Justice shall develop the
standards for all appropriate electronic and telephonic equipment and
telephone numbers to effect the transfer of information to the
department.
  SEC. 7.  Section 12076 of the Penal Code is amended to read:
   12076.  (a) (1) Before January 1, 1998, the department shall
determine the method by which a dealer shall submit firearm purchaser
information to the department and the information shall be in one of
the following formats:
   (A) Submission of the register described in Section 12077.
   (B) Electronic or telephonic transfer of the information contained
in the register described in Section 12077.
   (2) On or after January 1, 1998, electronic or telephonic
transfer, including voice or facsimile transmission, shall be the
exclusive means by which purchaser information is transmitted to the
department.
   (b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071, to the dealer, and the dealer
shall require him or her to sign his or her current legal name and
affix his or her residence address and date of birth to the register
in quadruplicate.  The salesperson shall affix his or her signature
to the register in quadruplicate as a witness to the signature and
identification of the purchaser.  Any person furnishing a fictitious
name or address or knowingly furnishing any incorrect information or
knowingly omitting any information required to be provided for the
register and any person violating any provision of this section is
guilty of a misdemeanor.
   (2) The original of the register shall be retained by the dealer
in consecutive order.  Each book of 50 originals shall become the
permanent register of transactions that shall be retained for not
less than three years from the date of the last transaction and shall
be available for the inspection of any peace officer, Department of
Justice employee designated by the Attorney General, or agent of the
federal Bureau of Alcohol, Tobacco, and Firearms upon the
presentation of proper identification, but no information shall be
compiled therefrom regarding the purchasers or other transferees of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person.
   (3) Two copies of the original sheet of the register, on the date
of the application to purchase, shall be placed in the mail, postage
prepaid, and properly addressed to the Department of Justice in
Sacramento.
   (4) If requested, a photocopy of the original shall be provided to
the purchaser by the dealer.
   (5) If the transaction is one conducted pursuant to Section 12082,
a photocopy of the original shall be provided to the seller by the
dealer, upon request.
   (c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071, to the dealer, and the dealer shall require him or her to sign
his or her current legal name to the record of electronic or
telephonic transfer.  The salesperson shall affix his or her
signature to the record of electronic or telephonic transfer as a
witness to the signature and identification of the purchaser.  Any
person furnishing a factitious name or address or knowingly
furnishing any incorrect information or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer and any person violating any provision of this section is
guilty of a misdemeanor.
   (2) The record of applicant information shall be transmitted to
the Department of Justice in Sacramento by electronic or telephonic
transfer on the date of the application to purchase.
   (3) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.  Each
original shall become the permanent record of the transaction that
shall be retained for not less than three years from the date of the
last transaction and shall be provided for the inspection of any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
and Firearms, upon the presentation of proper identification, but no
information shall be compiled therefrom regarding the purchasers or
other transferees of firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person.
   (4) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
   (5) If the transaction is one conducted pursuant to Section 12082,
a copy shall be provided to the seller by the dealer, upon request.

   (d) The department shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in Section 12021 or 12021.1 of this code or Section 8100
or 8103 of the Welfare and Institutions Code.
   If the department determines that the purchaser is a person
described in Section 12021 or 12021.1 of this code or Section 8100 or
8103 of the Welfare and Institutions Code, it shall immediately
notify the dealer and the chief of the police department of the city
or county in which the sale was made, or if the sale was made in a
district in which there is no municipal police department, the
sheriff of the county in which the sale was made, of that fact.
   If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact.  Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to subdivision (e), or both,
as appropriate and, if notification by the department is received by
the dealer at any time prior to delivery of the firearm to be
purchased, the dealer shall withhold delivery until the conclusion of
the waiting period described in Sections 12071 and 12072.
   If the department determines that the information transmitted to
it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact.  Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071 and 12072.
   (e) The Department of Justice may charge the dealer a fee not to
exceed fourteen dollars ($14), except that the fee may be increased
at a rate not to exceed any increase in the California Consumer Price
Index as compiled and reported by the California Department of
Industrial Relations.  The fee shall be no more than is sufficient to
reimburse all of the following, and is not to be used to directly
fund or as a loan to fund any other program:
   (1) (A) The department for the cost of furnishing this
information.
   (B) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
   (2) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by the amendments
to Section 8103 of the Welfare and Institutions Code, made by the act
which also added this paragraph.
   (3) The State Department of Mental Health for the costs resulting
from the requirements imposed by the amendments to Section 8104 of
the Welfare and Institutions Code made by the act which also added
this paragraph.
   (4) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
   (5) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
   (6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
   (7) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   The fee established pursuant to this subdivision shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by the act which
added paragraph (2) to this subdivision, the costs of the State
Department of Mental Health for complying with the requirements
imposed by the act which added paragraph (3) to this subdivision, the
estimated reasonable costs of local mental hospitals, sanitariums,
and institutions for complying with the reporting requirements
imposed by the act which added paragraph (4) to this subdivision, the
estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, and the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code created by the act which
added paragraph (6) to this subdivision.
   (f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the California Department of Industrial
Relations:
   (A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078 if neither a dealer nor a law enforcement
agency acting pursuant to Section 12084 is filing the form or report.

   (B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department by a dealer or of the
submission of a LEFT to the department by a law enforcement agency
acting pursuant to Section 12084 if the waiting period described in
Sections 12071, 12072, and 12084 does not apply.
   (C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision
(l) of Section 12078 or paragraph (18) of subdivision (b) of Section
12071.
   (D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
   (2) If the department charges a fee pursuant to subparagraph (B)
of paragraph (1) of this subdivision, it shall be charged in the same
amount to all categories of transaction that are within that
subparagraph.
   (3) Any costs incurred by the Department of Justice to implement
this subdivision shall be reimbursed from fees collected and charged
pursuant to this subdivision.  No fees shall be charged to the dealer
pursuant to subdivision (e) or to a law enforcement agency acting
pursuant                                                  to
paragraph (6) of subdivision (d) of Section 12084 for costs incurred
for implementing this subdivision.
   (g) All money received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund, which is hereby created, to be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred pursuant to this section and Sections
12289 and 12809.
   (h) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in subdivision (e) to
the department.
   (i) (1) Only one fee shall be charged pursuant to this section for
a single transaction on the same date for the sale of any number of
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person or for the taking of possession of
those firearms.
   (2) In a single transaction on the same date for the delivery of
any number of firearms that are pistols, revolvers, or other firearms
capable of being concealed upon the person, the department shall
charge a reduced fee pursuant to this section for the second and
subsequent firearms that are part of that transaction.
   (j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of subdivision (b)
of Section 12071 or subdivision (c) or (i) of Section 12078.
   (k) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the California Tort Claims Act pursuant to
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
   (l) As used in this section, the following definitions apply:
   (1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
   (2) "Purchase" means the purchase, loan, or transfer of a firearm.

   (3) "Sale" means the sale, loan, or transfer of a firearm.
   (4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.
  SEC. 8.  Section 12077 of the Penal Code is amended to read:
   12077.  (a) The Department of Justice shall prescribe the form of
the register and the record of electronic or telephonic transfer
pursuant to Section 12074.
   (b) For pistols, revolvers, and other firearms capable of being
concealed upon the person, information contained in the register or
record of electronic or telephonic transfer shall be the date and
time of sale, make of firearm, peace officer exemption status
pursuant to subdivision (a) of Section 12078 and the agency name,
dealer waiting period exemption pursuant to subdivision (n) of
Section 12078, dealer certificate of eligibility number issued
pursuant to Section 12071, dangerous weapons permitholder waiting
period exemption pursuant to subdivision (r) of Section 12078,
purchaser's basic firearms safety certificate number issued pursuant
to Sections 12805 and 12809, manufacturer's name if stamped on the
firearm, model name or number, if stamped on the firearm, if
applicable, serial number, other number (if more than one serial
number is stamped on the firearm), caliber, type of firearm, if the
firearm is new or used, barrel length, color of the firearm, full
name of purchaser, purchaser's complete date of birth, purchaser's
local address, if current address is temporary, complete permanent
address of purchaser, identification of purchaser, purchaser's place
of birth (state or country), purchaser's complete telephone number,
purchaser's occupation, purchaser's sex, purchaser's physical
description, all legal names and aliases ever used by the purchaser,
yes or no answer to questions that prohibit purchase including, but
not limited to, conviction of a felony as described in Section 12021
or an offense described in Section 12021.1, the purchaser's status as
a person described in Section 8100 of the Welfare and Institutions
Code, whether the purchaser is a person who has been adjudicated by a
court to be a danger to others or found not guilty by reason of
insanity, whether the purchaser is a person who has been found
incompetent to stand trial or placed under conservatorship by a court
pursuant to Section 8103 of the Welfare and Institutions Code,
signature of purchaser, signature of salesperson (as a witness to the
purchaser's signature), name and complete address of the dealer or
firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement that any person signing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the register is guilty of
a misdemeanor.
   (c) For firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, information contained in
the register or record of electronic or telephonic transfer shall be
the date and time of sale, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, auction or
event waiting period exemption pursuant to subdivision (g) of Section
12078, dealer certificate of eligibility number issued pursuant to
Section 12071, dangerous weapons permitholder waiting period
exemption pursuant to subdivision (r) of Section 12078, full name of
purchaser, purchaser's complete date of birth, purchaser's local
address, if current address is temporary, complete permanent address
of purchaser, identification of purchaser, purchaser's place of birth
(state or country), purchaser's complete telephone number, purchaser'
s occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase, including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), name and complete address of the dealer or firm selling
the firearm as shown on the dealer's license, the establishment
number, if assigned, the dealer's complete business telephone number,
any information required by Section 12082, and a statement that any
person signing a fictitious name or address or knowingly furnishing
any incorrect information or knowingly omitting any information
required to be provided for the register is guilty of a misdemeanor.

   (d) Where the register is used, the following shall apply:
   (1) Dealers shall use ink to complete each document.
   (2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly.  The dealer and salespersons shall
be informed that incomplete or illegible information will delay
sales.
   (3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form.
Dealers shall comply with these instructions which shall include the
information set forth in this subdivision.
   (4) One firearm transaction shall be reported on each record of
sale document.  For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not pistols, revolvers, or other firearms capable of being
concealed upon the person.
   (e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser.  The
dealer and all salespersons shall be informed that incomplete
information will delay sales.
   (f) As used in this section, the following definitions shall
control:
   (1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
   (2) "Purchase" means the purchase, loan, or transfer of a firearm.

  SEC. 9.  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
that the application to purchase is completed, 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 that the application to purchase is completed, where a dealer is
the seller, transferor, or otherwise responsible for delivery of the
firearm, and electronic or telephonic transfer of applicant
information is used, the dealer shall retain the original
certification with the original record of electronic or telephonic
transfer.  If electronic or telephonic transfer of applicant
information is not used, on the day that the application to purchase
is completed, 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 that the application to purchase is
completed, 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 that the
application to purchase is completed, 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 that the application to purchase is completed,
where a dealer is the seller, transferor, or otherwise responsible
for delivery of the firearm, and electronic or telephonic transfer of
applicant information is used, the dealer shall retain the original
certification with the original record of electronic or telephonic
transfer. If electronic or telephonic transfer of applicant
information is not used, on the day that the application to purchase
is completed, 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 that the application to purchase is
completed 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) 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) 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 (d) of Section 12072 shall not apply to the
infrequent transfer of 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) 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 (d) 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) of Section 12072
shall not apply to the delivery of a firearm to a gunsmith for
service or repair.
   (f) Subdivision (d) 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) 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 or similar events.
   (2) Subdivision (d) 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 two business days of completion of the
application to purchase, the dealer shall forward by prepaid mail to
the Department of Justice a report of the same as is indicated in
subdivision (c) of Section 12077.  If the electronic or telephonic
transfer of applicant information is used, within two business days
of completion of the application to purchase, the dealer delivering
the firearm shall transmit to the Department of Justice an electronic
or telephonic report of the same as is indicated in subdivision (c)
of Section 12077.
   (h) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm 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) 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, taking place on or after April 1, 1994, a basic firearm
safety certificate shall be required prior to taking possession of
the firearm.
   (2) Subdivision (d) of Section 12072 shall not apply to a person
who takes possession of a firearm by operation of law in a
representative capacity who transfers ownership of the firearm to
himself or herself in his or her individual capacity.  In the case of
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) 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.
   (l) A person who is exempt from subdivision (d) 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) 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 application to purchase is completed, 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 subdivision (b) of Section
12077.  Where the electronic or telephonic transfer of applicant
information is used, on the date that the application to purchase is
completed the dealer delivering the firearm shall transmit an
electronic or telephonic report of the same and the type of
information concerning the purchaser or transferee as is indicated in
subdivision (b) of Section 12077.
   (o) Section 12071 and subdivisions (c) and (d) 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) 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 (d) of
Section 12072 shall not apply to the loan of 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 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.
   (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.
   (D) The duration of the loan does not, in any event, exceed 10
days.
   (3) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of 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 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.
   (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.
   (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 (d) 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 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 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 application to purchase is completed, 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 same as described in
subdivision (b) or (c) of Section 12077 or Section 12084.  If the
electronic or telephonic transfer of applicant information is used,
on the date that the application to purchase is completed, the dealer
delivering the firearm shall transmit to the Department of Justice
an electronic or telephonic report of the same as is indicated in
subdivision (b) or (c) of Section 12077.
   (s) Subdivision (d) of Section 12072 shall not apply to the loan
of an unloaded firearm 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 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.
   (B) A secured creditor or an agent or employee thereof when the
firearms 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.
   (E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms.
   (F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
   (G) A transmutation of property consisting of firearms pursuant to
Section 850 of the Family Code.
   (H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
  SEC. 10.  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)
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
or record of electronic or telephonic transfer 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. 11.  Section 12083 of the Penal Code is repealed.
  SEC. 12.  Section 12084 of the Penal Code is amended to read:
   12084.  (a) As used in this section, the following definitions
apply:
   (1) "Agency" means a sheriff's department in a county of less than
200,000 persons, according to the most recent federal decennial
census that elects to process purchases, sales, loans, or transfers
of firearms.
   (2) "Seller" means the seller or transferor of a firearm or the
person loaning the firearm.
   (3) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
   (4) "Purchase" means the purchase, loan, sale, or transfer of a
firearm.
   (5) "Department" means the Department of Justice.
   (6) "LEFT" means the Law Enforcement Firearms Transfer Form
consisting of the transfer form utilized to purchase a firearm in
accordance with this section.
   (b) As an alternative to completing the sale, transfer, or loan of
a firearm through a licensed dealer pursuant to Section 12082 in
order to comply with the provisions of subdivision (d) of Section
12072, the parties to the purchase of a firearm may complete the
transaction through an agency in accordance with this section in
order to comply with the provisions of subdivision (d) of Section
12072.
   (c) (1) LEFTs shall be prepared by the State Printer and shall be
furnished to agencies on application at a cost to be determined by
the Department of General Services for each 100 leaves in
quintuplicate, one original and four duplicates for the making of
carbon copies.  The original and duplicate copies shall differ in
color, and shall be in the form provided by this section.  The State
Printer, upon issuing the LEFT, shall forward to the department the
name and address of the agency together with the series and sheet
numbers on the LEFT.  The LEFT shall not be transferable.
   (2) The department shall prescribe the form of the LEFT.  It shall
be in the same exact format set forth in Sections 12077 and 12082,
with the same distinct formats for firearms that are pistols,
revolvers, and other firearms capable of being concealed upon the
person and for firearms that are not pistols, revolvers, and other
firearms capable of being concealed upon the person, except that
instead of the listing of information concerning a dealer, the LEFT
shall contain the name, telephone number, and address of the law
enforcement agency.
   (3) The original of each LEFT shall be retained in consecutive
order.  Each book of 50 originals shall become the permanent record
of transactions that shall be retained not less than three years from
the date of the last transaction and shall be provided for the
inspection of any peace officer, department employee designated by
the Attorney General, or agents of the federal Bureau of Alcohol,
Tobacco and Firearms upon the presentation of proper identification.

   (4) Ink shall be used to complete each LEFT.  The agency shall
ensure that all information is provided legibly.  The purchaser and
seller shall be informed that incomplete or illegible information
delays purchases.
   (5) Each original LEFT shall contain instructions regarding the
procedure for completion of the form and the routing of the form.
The agency shall comply with these instructions which shall include
the information set forth in this subdivision.
   (6) One firearm transaction shall be reported on each LEFT.  For
purposes of this paragraph, a "transaction" means a single sale,
loan, or transfer of any number of firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person between the same two persons.
   (d) The following procedures shall be followed in processing the
purchase:
   (1) Without waiting for the conclusion of any waiting period to
elapse, the seller shall immediately deliver the firearm to the
agency solely to complete the LEFT.  Upon completion of the LEFT, the
firearm shall be immediately returned by the agency to the seller
without waiting for the waiting period to elapse.
   (2) The purchaser shall be required to present clear evidence of
his or her identity and age, as defined in Section 12071, to the
agency.  The agency shall require the purchaser to complete the
original and one copy of the LEFT.  An employee of the agency shall
then affix his or her signature as a witness to the signature and
identification of the purchaser.
   (3) Two copies of the LEFT shall, on that date of purchase, be
placed in the mail, postage prepaid to the department at Sacramento.
The third copy shall be provided to the purchaser and the fourth
copy to the seller.
   (4) The department shall examine its records, as well as those
records that it is authorized to request from the State Department of
Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in Section 12021 or 12021.1 of this code or Section 8100
or 8103 of the Welfare and Institutions Code.
   (5) If the department determines that the copies of the LEFT
submitted to it pursuant to paragraph (3) contain any blank spaces or
inaccurate, illegible, or incomplete information, preventing
identification of the purchaser or the firearm to be purchased, or if
any fee required pursuant to paragraph (6) is not submitted by the
agency in conjunction with submission of the copies of the LEFT, or
if the department determines that the person is a person described in
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, it shall immediately notify the
agency of that fact.  Upon notification by the department, the
purchaser shall submit any fee required pursuant to paragraph (6), as
appropriate, and if notification by the department is received by
the agency at any time prior to delivery of the firearm, the delivery
of the firearm shall be withheld until the conclusion of the waiting
period described in paragraph (7).
   (6) The department and the agency may both charge a fee not to
exceed the actual cost of processing the purchaser sufficient to
reimburse both of the following:
   (A) The agency for processing the transfer.
   (B) The department for providing the information.  The department
shall charge the same fee as it would charge a dealer pursuant to
Section 12082.
   (7) The firearm shall not be delivered to the purchaser as
follows:
   (A) Prior to April 1, 1997, within 15 days of the application to
purchase a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to paragraph (5), within 15 days of the submission to the
department of any fees required pursuant to this subdivision, or
within 15 days of the submission to the department of any correction
to the LEFT, whichever is later.  Prior to April 1, 1997, within 10
days of the application to purchase any firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the
person, or, after notice by the department pursuant to paragraph (5),
within 10 days of the submission to the department of any fees
required pursuant to this subdivision, or within 10 days of the
submission to the department of any correction to the LEFT, whichever
is later.  On and after April 1, 1997, within 10 days of the
application to purchase, or after notice by the department pursuant
to paragraph (5), within 10 days of the submission to the department
of any fees required pursuant to this subdivision, or within 10 days
of the submission to the department of any correction to the LEFT,
whichever is later.
   (B) Unless unloaded.
   (C) In the case of a pistol, revolver, or other firearm capable of
being concealed upon the person, unless securely wrapped or in a
locked container.
   (D) Unless the purchaser presents clear evidence of his or her
identity and age to the agency.
   (E) Whenever the agency is notified by the department that the
person is in a prohibited class described in Section 12021 or 12021.1
or Section 8100 or 8103 of the Welfare and Institutions Code.
   (F) Unless done at the agency's premises.
   (G) In the case of a pistol, revolver, or other firearm capable of
being concealed upon the person, commencing April 1, 1994, unless
the purchaser presents to the seller a basic firearm safety
certificate.
   (H) Unless the purchaser is at least 18 years of age.
   (e) The action of a law enforcement agency acting pursuant to
Section 12084 shall be deemed to be a discretionary act within the
meaning of the California Tort Claims Act pursuant to Division 3.6
(commencing with Section 810) of Title 1 of the Government Code.
   (f) Whenever the Department of Justice acts pursuant to this
section as it pertains to firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, its acts
or omissions shall be deemed to be discretionary within the meaning
of the California Tort Claims Act pursuant to Division 3.6
(commencing with Section 810) of Title 1 of the Government Code.
   (g) Any person furnishing a fictitious name or address or
knowingly furnishing any incorrect information or knowingly omitting
any information required to be provided for the LEFT is guilty of a
misdemeanor.
   (h) All sums received by the department pursuant to this section
shall be deposited in the Dealers' Record of Sale Special Account of
the General Fund.
  SEC. 13.  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.