BILL NUMBER: AB 1717 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hertzberg
(Principal coauthors: Assembly Members Kuehl, Scott, and Wildman)
(Coauthors: Assembly Members Alquist, Keeley, and Washington)
JANUARY 3, 2000
An act to amend Sections 11106, 12001, and 12072 of the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1717, as introduced, Hertzberg. Firearms: ballistic testing.
(1) Existing law regulates the sale, transfer, and delivery of
firearms by persons, corporations, firms, and dealers. Violations of
specified provisions of law governing the sale or transfer of
firearms may be punished as a misdemeanor or a felony.
This bill would provide that commencing one year after a date to
be determined by action of the Attorney General after January 1,
2002, regarding an adequate ballistic identification system, no
person who is licensed as a manufacturer or importer of firearms
pursuant to federal law shall sell or otherwise transfer their
ownership of a handgun, or of a barrel designed and intended to be
attached to or be used for a handgun, to a resident of this state,
unless the manufacturer or importer has complied with provisions
requiring the submission of ballistic identification information for
all handguns that the manufacturer has manufactured, or the importer
has imported. The bill would exempt antique firearms, as defined,
and curios and relics, as defined, from these provisions. The bill
would provide that a violation of these provisions is a misdemeanor.
This bill would also make conforming changes. By creating a new
crime punishable as a misdemeanor, this bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 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,
information, and reports provided pursuant to Section
12072 or 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 Dealers' 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 Dealers' 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.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
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 that has a barrel less than 16 inches
in length. These terms also include any device that 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) For purposes of Sections 12070, 12071, and paragraph
(7) paragraphs (8) and (10) of subdivision (a),
and subdivisions (b), (c), (d), and (f) of Section 12072, the term
"firearm" does not include an unloaded firearm that is defined as an
"antique firearm" in Section 921(a)(16) of Title 18 of the United
States Code.
(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 that 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.
(m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.
(n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.
(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a pistol, revolver, or other firearm
capable of being concealed upon the person.
(5) He or she acquired that pistol, revolver, or other firearm
capable of being concealed upon the person outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that pistol, revolver, or other
firearm capable of being concealed upon the person within this state
on or after January 1, 1998.
(8) The pistol, revolver, or other firearm capable of being
concealed upon the person was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071 and subdivision
(c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that pistol, revolver, or other
firearm capable of being concealed upon the person to the Department
of Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The pistol, revolver, or other firearm capable of being
concealed upon the person is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The pistol, revolver, or other firearm capable of being
concealed upon the person is not an assault weapon, as defined in
Section 12276 or 12276.1.
(12) The pistol, revolver, or other firearm capable of being
concealed upon the person is not a machinegun, as defined in Section
12200.
(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the armed forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
SEC. 3. 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.
(7) The dealer shall comply with the provisions of paragraph (19)
of subdivision (b) of Section 12071.
(8) No person shall sell or otherwise transfer his or her
ownership in a pistol, revolver, or other firearm capable of being
concealed upon the person unless the firearm bears either:
(A) The name of the manufacturer, the manufacturer's make or
model, and a manufacturer's serial number assigned to that firearm.
(B) The identification number or mark assigned to the firearm by
the Department of Justice pursuant to Section 12092.
(9) (A) No person shall make an application to purchase more than
one pistol, revolver, or other firearm capable of being concealed
upon the person within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in
California.
(v) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of his or her employment as a
peace officer.
(vi) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an
exemption from the waiting period set forth in subdivision (c) of
this section.
(viii) Any transaction conducted through a licensed dealer
pursuant to Section 12082.
(ix) Any transaction conducted through a law enforcement agency
pursuant to Section 12084.
(x) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto and who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.
(xi) The exchange of a pistol, revolver, or other firearm capable
of being concealed upon the person where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
(xii) The replacement of a pistol, revolver, or other firearm
capable of being concealed upon the person when the person's pistol,
revolver, or other firearm capable of being concealed upon the person
was lost or stolen, and the person reported that firearm lost or
stolen prior to the completion of the application to purchase to any
local law enforcement agency of the city, county, or city and county
in which he or she resides.
(xiii) The return of any pistol, revolver, or other firearm
capable of being concealed upon the person to its owner.
(10) (A) Commencing on a date determined by the Attorney General
pursuant to subparagraph (C), no person who is licensed as a
manufacturer pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto or who is licensed as an importer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, shall sell
or otherwise transfer their ownership of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person who
is at that time residing in this state unless that manufacturer or
importer has complied with subparagraph (D).
(B) Commencing on a date determined by the Attorney General
pursuant to subparagraph (C), no person who is licensed as a
manufacturer pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto or who is licensed as an importer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, shall sell
or otherwise transfer their ownership of a barrel designed and
intended to be attached to or used for a pistol, revolver, or other
firearm capable of being concealed upon that person at the time of
its transfer of ownership to a person who is at that time in this
state unless that manufacturer or importer has complied with
subparagraph (D).
(C) The Attorney General shall evaluate ballistic identification
systems, including any federal ballistic identification system, and
shall make a formal determination, after January 1, 2002, as to
whether an adequate ballistic identification system or systems exist
for law enforcement agencies in California to utilize for crime
prevention. The Attorney General shall make that determination
public as soon as reasonably practical after the determination has
been made.
(D) One year from the date the Attorney General makes public the
determination that an adequate ballistic identification system or
systems exist pursuant to subparagraph (C), every person who is
licensed as a manufacturer pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto or who is licensed as an importer
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto,
shall submit ballistic identification information, as required by the
Attorney General, for all pistols, revolvers, or other firearms
capable of being concealed upon the person, or barrels, as referenced
in subparagraph (B), that the manufacturer manufactured, or the
importer imported, on or after the one-year anniversary of the date
in which the determination is made public to:
(i) The Department of Justice, in a format prescribed by the
department.
(ii) The ballistic identification system selected by the Attorney
General, in a format prescribed by the department.
(E) This paragraph does not apply to any antique firearms, as
defined in paragraph (5) of subdivision (a) of Section 12020, or any
curio or relic as defined in Section 178.11 of Title 27 of the Code
of Federal Regulations.
(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) 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 firearms safety certificate.
(6) No pistol, revolver, or other firearm capable of being
concealed upon the person shall be delivered whenever the dealer is
notified by the Department of Justice that within the preceding
30-day period the purchaser has made another application to purchase
a pistol, revolver, or other firearm capable of being concealed upon
the person and that the previous application to purchase involved
none of the entities specified in subparagraph (B) of paragraph (9)
of subdivision (a).
(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) (1) 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:
(A) The person presents proof of licensure pursuant to Section
12071 to that person.
(B) 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).
(2) (A) On or after
January 1, 1998, within 60 days of bringing a pistol, revolver, or
other firearm capable of being concealed upon the person into this
state, a personal handgun importer shall do one of the following:
(i) Forward by prepaid mail or deliver in person to the Department
of Justice, a report prescribed by the department including
information concerning that individual and a description of the
firearm in question.
(ii) Sell or transfer the firearm in accordance with the
provisions of subdivision (d) or in accordance with the provisions of
an exemption from subdivision (d).
(iii) Sell or transfer the firearm to a dealer licensed pursuant
to Section 12071.
(iv) Sell or transfer the firearm to a sheriff or police
department.
(B) If the personal handgun importer sells or transfers the
pistol, revolver, or other firearm capable of being concealed upon
the person pursuant to subdivision (d) of Section 12072 and the sale
or transfer cannot be completed by the dealer to the purchaser or
transferee, and the firearm can be returned to the personal handgun
importer, the personal handgun importer shall have complied with the
provisions of this paragraph.
(C) The provisions of this paragraph are cumulative and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by this
section and different provisions of the Penal Code shall not be
punished under more than one provision.
(D) (i) On and after January 1, 1998, the department shall conduct
a public education and notification program regarding this paragraph
to ensure a high degree of publicity of the provisions of this
paragraph.
(ii) As part of the public education and notification program
described in this subparagraph, the department shall do all of the
following:
(I) Work in conjunction with the Department of Motor Vehicles to
ensure that any person who is subject to this paragraph is advised of
the provisions of this paragraph, and provided with blank copies of
the report described in clause (i) of subparagraph (A) at the time
that person applies for a California driver's license or registers
his or her motor vehicle in accordance with the Vehicle Code.
(II) Make the reports referred to in clause (i) of subparagraph
(A) available to dealers licensed pursuant to Section 12071.
(III) Make the reports referred to in clause (i) of subparagraph
(A) available to law enforcement agencies.
(IV) Make persons subject to the provisions of this paragraph
aware of the fact that reports referred to in clause (i) of
subparagraph (A) may be completed at either the licensed premises of
dealers licensed pursuant to Section 12071 or at law enforcement
agencies, that it is advisable to do so for the sake of accuracy and
completeness of the reports, that prior to transporting a pistol,
revolver, or other firearm capable of being concealed upon the person
to a law enforcement agency in order to comply with subparagraph
(A), the person should give prior notice to the law enforcement
agency that he or she is doing so, and that in any event, the pistol,
revolver, or other firearm capable of being concealed upon the
person should be transported unloaded and in a locked container.
(iii) Any costs incurred by the department to implement this
paragraph shall be absorbed by the department within its existing
budget and the fees in the Dealers' Record of Sale Special Account
allocated for implementation of this subparagraph pursuant to Section
12076.
(3) Where a person who is licensed as a collector pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, acquires a pistol, revolver,
or other firearm capable of being concealed upon the person that is
a curio or relic, as defined in Section 178.11 of Title 27 of the
Code of Federal Regulations, outside of this state, takes actual
possession of that firearm outside of this state pursuant to the
provisions of subsection (j) of Section 923 of Title 18 of the United
States Code, as amended by Public Law 104-208, and transports that
firearm into this state, within five days of that licensed collector
transporting that firearm into this state, he or she shall report to
the department in a format prescribed by the department his or her
acquisition of that firearm.
(4) (A) It is the intent of the Legislature that a violation of
paragraph (2) or (3) shall not constitute a "continuing offense" and
the statute of limitations for commencing a prosecution for a
violation of paragraph (2) or (3) commences on the date that the
applicable grace period specified in paragraph (2) or (3) expires.
(B) Paragraphs (2) and (3) shall not apply to a person who reports
his or her ownership of a pistol, revolver, or other firearm capable
of being concealed upon the person after the applicable grace period
specified in paragraph (2) or (3) expires if evidence of that
violation arises only as the result of the person submitting the
report described in paragraph (2) or (3).
(g) (1) Except as provided in paragraph (2), (3), or (5), 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 the
provisions, other than paragraph (9) or (10) of
subdivision (a), of 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 any
firearm 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), (4), or (5), 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 subdivision (b) involving the delivery of a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(D) A violation of paragraph (1), (3), (4), (5), or (6) of
subdivision (c) involving a pistol, revolver, or other firearm
capable of being concealed upon the person.
(E) A violation of subdivision (d) involving a pistol, revolver,
or other firearm capable of being concealed upon the person.
(F) A violation of subdivision (e).
(4) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for one, two, or three years
shall be imposed in addition and consecutive to the sentence
prescribed.
(A) A violation of paragraph (2) of subdivision (a) or subdivision
(b).
(B) The firearm transferred in violation of paragraph (2) of
subdivision (a) or subdivision (b) is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.
(5) (A) A first violation of paragraph (9) of subdivision (a) is
an infraction punishable by a fine of fifty dollars ($50).
(B) A second violation of paragraph (9) of subdivision (a) is an
infraction punishable by a fine of one hundred dollars ($100).
(C) A third or subsequent violation of paragraph (9) of
subdivision (a) is a misdemeanor.
(D) For purposes of this paragraph each application to purchase a
pistol, revolver, or other firearm capable of being concealed upon
the person in violation of paragraph (9) of subdivision (a) shall be
deemed a separate offense.
SEC. 4. 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.