BILL NUMBER: SB 31	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JANUARY 3, 2000
	AMENDED IN SENATE   JANUARY 19, 1999

INTRODUCED BY    Senators Peace, Morrow, Costa, Perata, and
Rainey   Senator Peace 
    (Principal coauthors:  Assembly Members Ashburn,
Calderon, and Frusetta)
    (Coauthors:  Assembly Members Leach, McClintock, Scott,
Soto, and Wayne) 

                        DECEMBER 7, 1998

   An act to amend  Sections 188, 189, and 190.2 of the Penal
Code, and to amend Section 3 of Chapter 629 of the Statutes of 1998,
relating to murder.   Section 6389 of the Family Code,
and to amend Sections 11106, 12001, 12026.2, 12070, 12071, 12072,
12073, 12076, 12077, 12078, 12082, and 12084 of, and to add Section
12083 to, the Penal Code, relating to firearms. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 31, as amended, Peace.   Murder:  special circumstances
  Firearms: delivery and transfer:  registration card
 . 
   (1) Existing law prohibits a person subject to a specified
protective order from owning, possessing, purchasing, or receiving a
firearm while the order is in effect, and requires the restrained
person to relinquish any firearm in the person's immediate possession
or control, as specified.  Existing law provides for the return of
the relinquished weapon, or sale or other transfer by law enforcement
if return is not permitted for specified reasons.  Existing law also
provides for the restrained person to sell firearms to a law
enforcement agency, as specified.
   This bill would, in addition, require that when the law
enforcement agency is required to sell or transfer a relinquished
pistol, revolver, or other firearm capable of being concealed upon
the person, the agency enter specified information regarding the
firearm into the Automated Firearms System, as specified.  This bill
would also provide that when a restrained person sells firearms to a
law enforcement agency, as specified by existing law, that the
delivery and sale or transfer shall be exempt from specified
provisions of law regarding delivery and transfer of firearms through
licensed firearms dealers.  This bill would also provide that these
provisions are declarative of existing law.
   (2) 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 bill would additionally require this registry to include the
date and time that the firearm was delivered.  The bill would also
provide, upon request and payment of a fee, for the issuance of a
registration card to the owner of a registered firearm containing
information regarding the firearm, the owner, and the registration,
as specified.
   (3) Existing law prohibits a person from carrying a concealed
firearm under specified circumstances.  Existing law also exempts
from this prohibition certain persons under specified conditions.
   This bill would add to the list of exemptions the transportation
of a firearm for specified purposes.
   (4) Existing law provides that, with exceptions, no person may
sell, lease or transfer firearms without a license, as specified.
   This bill would create additional exceptions to those
prohibitions.
   (5) Existing law, with specified exceptions, requires firearm
licensees to record certain information regarding firearm
transactions.  Existing law also provides that the failure to comply
with specified requirements in connection with the transfer and
delivery of firearms is punishable as a misdemeanor or a felony.
   This bill would create additional exceptions to those
requirements.  This bill would also require licensees to record and
submit additional information regarding firearms transfers to the
Department of Justice, as specified. Failure to record and submit
that information would be punishable as a misdemeanor or a felony.
By changing the definition of an existing crime, this bill would
impose a state-mandated local program.
   (6) Existing law, with specified exceptions, provides certain
prohibitions and requirements with regard to the circumstances under
which firearms may be sold or transferred.
   This bill would create additional exceptions to those prohibitions
and requirements.  This bill would also impose additional
requirements upon local law enforcement agencies in connection with
firearms acquired by law enforcement agencies, as specified.  By
imposing additional duties on local law enforcement agencies, this
bill would impose a state-mandated local program.
   (7) Existing law generally provides under what circumstances a
person is prohibited from possessing a firearm.
   This bill would create a procedure for disposing of a firearm in
the circumstance where a person becomes ineligible to possess a
firearm, so that if the procedure is followed, the person would not
be in violation of those provisions of law that would otherwise
prohibit the person from possessing a firearm.
   (8) This bill would make a technical, nonsubstantive change to a
related provision.
   (9) This bill would also provide that Chapter 1180 of the Statutes
of 1988 shall be known, and may be cited, as the Klehs Safe and
Responsible Firearms Transfer Act of 1988.
   (10) This bill would provide that Chapter 462 of the Statutes of
1997 shall be known, and may be cited as the Shelley-Alpert-Ducheny
Pistol-Revolver Registration Parity Act of 1997.
  (11) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.  

   (1) Existing law defines the term malice, for purposes of murder,
and provides that malice may be express or implied.  Under existing
law malice is express when there is manifested a deliberate intention
unlawfully to take away the life of a fellow creature.
   This bill would delete the term deliberate from this definition of
express malice and provide that this definition is declaratory of
existing law.
   (2) Existing law, as amended by initiative statute, provides that
any murder that is perpetrated by specified means or by any other
kind of willful, deliberate, and premeditated killing, is murder of
the first degree.  The initiative statute provides that any amendment
of its provisions by the Legislature shall require a 2/3 vote of the
membership of each house.
   This bill additionally would provide that a murder committed with
the intent to kill that is perpetrated by means of arson or
kidnapping, or a murder perpetrated by a defendant who intentionally
kills a victim who is under 14 years of age at the time of the
murder, and the defendant knows or reasonably should know that the
victim is under 14 years of age, constitutes murder in the first
degree.  Because it would amend an initiative statute, the bill would
require a 2/3 vote.
   (3) Existing law, as amended by initiative statute, provides that
the penalty for a defendant found guilty of murder in the first
degree is death or imprisonment in the state prison for life without
the possibility of parole where one or more special circumstances has
been charged and found to be true.
   This bill would include within the enumeration of special
circumstances a murder where the defendant intentionally killed the
victim, who was under 14 years of age, and the defendant knew or
reasonably should have known that the victim was under 14 years of
age.  The bill would provide that these provisions shall become
effective only when submitted to, and approved by, the voters.
   This bill would incorporate additional amendments to Section 190.2
of the Penal Code proposed by Chapter 629 of the Statutes of 1998,
but not yet approved by the voters, to be operative only if both that
chapter and this bill are approved by the voters.  The bill also
would amend Chapter 629 of the Statutes of 1998 to make conforming
changes. 
   Vote:   2/3   majority  .
Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:   no   yes  .


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

  
  SECTION 1.  Section 188 of the Penal Code is  
  SECTION 1.  Section 6389 of the Family Code is amended to read:

   6389.  (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
while that protective order is in effect.
   (b) The Judicial Council shall provide a notice on all forms
requesting a protective order that, at the hearing for a protective
order, the respondent shall be ordered to relinquish possession or
control of any firearms and not to purchase or receive or attempt to
purchase or receive any firearms for a period not to exceed the
duration of the restraining order.
   (c) If the respondent is present in court at a duly noticed
hearing, the court shall order the respondent to relinquish any
firearm in that person's immediate possession or control, or subject
to that person's immediate possession or control, within 24 hours of
the order, by either surrendering the firearm to the control of local
law enforcement officials, or by selling the firearm to a licensed
gun dealer, as specified in Section 12071 of the Penal Code.  If the
respondent is not present at the hearing, the respondent shall
relinquish the firearm within 48 hours after being served with the
order.  A person ordered to relinquish any firearm pursuant to this
subdivision shall file with the court a receipt showing the firearm
was surrendered to the local law enforcement agency or sold to a
licensed gun dealer within 72 hours after receiving the order.  In
the event that it is necessary to continue the date of any hearing
due to a request for a relinquishment order pursuant to this section,
the court shall ensure that all applicable protective orders
described in Section 6218 remain in effect or bifurcate the issues
and grant the permanent restraining order pending the date of the
hearing.
   (d) If the respondent declines to relinquish possession of any
firearm based upon the assertion of the right against
self-incrimination, as provided by the Fifth Amendment to the United
States Constitution and Section 15 of Article I of the California
Constitution, the court may grant use immunity for the act of
relinquishing the firearm required under this section.
   (e) A local law enforcement agency may charge the respondent a fee
for the storage of any firearm pursuant to this section.  This fee
shall not exceed the actual cost incurred by the local law
enforcement agency for the storage of the firearm.  For purposes of
this subdivision, "actual cost" means expenses directly related to
taking possession of a firearm, storing the firearm, and surrendering
possession of the firearm to a licensed dealer as defined in Section
12071 of the Penal Code or to the respondent.
   (f) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (c) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order.  The order shall also state
on its face the expiration date for relinquishment.  Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
   (g)  (1)  The restraining order requiring a person to
relinquish a firearm pursuant to subdivision (c) shall prohibit the
person from possessing or controlling any firearm for the duration of
the order.  At the expiration of the order, the local law
enforcement agency shall return possession of any surrendered firearm
to the respondent, within five days after the expiration of the
relinquishment order, unless the local law enforcement agency
determines that (1) the firearm has been stolen, (2) the respondent
is prohibited from possessing a firearm because the respondent is in
any prohibited class for the possession of firearms, as defined in
Sections 12021 and 12021.1 of the Penal Code and Sections 8100 and
8103 of the Welfare and Institutions Code, or (3) another successive
restraining order is used against the respondent under this section.
If the local law enforcement agency determines that the respondent
is the legal owner of any firearm deposited with the local law
enforcement agency and is prohibited from possessing any firearm, the
respondent shall be entitled to sell or transfer the firearm to a
licensed dealer as defined in Section 12071 of the Penal Code.  If
the firearm has been stolen, the firearm shall be restored to the
lawful owner upon his or her identification of the firearm and proof
of ownership.  
   (2) Within 10 days of the date that a firearm is sold, delivered,
returned, or transferred by a local law enforcement agency pursuant
to this section, if the firearm is a pistol, revolver, or other
firearm capable of being concealed upon the person, the name of the
agency delivering the firearm, and the make, model, serial number,
and other identifying characteristics of the firearm being returned,
sold, transferred, or delivered shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications Systems (CLETS) by the law enforcement or state
agency that sold, transferred, returned, or delivered the firearm.
Those agencies without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information into that system. 
   (h) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary.  If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment.  In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm.  Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer
and may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (i) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section.  A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
   (j) The disposition of any unclaimed property under this section
shall be made pursuant to Section 1413 of the Penal Code.
   (k)  (1)  The return of a firearm to any person pursuant
to subdivision (g) shall not be subject to the requirements of
subdivision (d) of Section 12072 of the Penal Code.  
   (2) The delivery of a firearm to a local law enforcement agency
person pursuant to this section shall not be subject to the
requirements of subdivision (d) of Section 12072 of the Penal Code.
   (3) The sale, delivery, or transfer of a firearm to a local law
enforcement agency pursuant to this section shall not be subject to
the requirements of subdivision (a) of Section 12070 of the Penal
Code. 
   (l) If the respondent notifies the court that he or she owns a
firearm that is not in his or her immediate possession, the court may
limit the order to exclude that firearm if the judge is satisfied
the respondent is unable to gain access to that firearm while the
protective order is in effect.
   (m) Any respondent to a protective order who violates any order
issued pursuant to this section shall be punished under the
provisions of subdivision (g) of Section 12021 of the Penal Code.

   (n) Any respondent to a protective order who complies with the
provisions of this section shall be exempt from the provisions of
subdivision (g) of Section 12021 of the Penal Code.   
  SEC. 2.  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 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
 12053,  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.  
   (E) Information provided pursuant to paragraphs (19) and (20) of
subdivision (b) of Section 12071.
   (F) Information provided pursuant to paragraph (8) of subdivision
(d) of Section 12084. 
   (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.  
   (d) Whenever a pistol, revolver, or other firearm capable of being
concealed upon the person is stated as being owned by a person
listed in the registry created by subdivision (c), it shall be deemed
to be registered to that person as of one of the following
applicable dates:
   (1) If the firearm was delivered to the person pursuant to an
application to purchase and the delivery of the firearm was not
exempted from the waiting period set forth in Section 12071, 12072,
or 12084, the firearm shall be deemed to be registered to the person
as follows:
   (A) If the firearm was delivered prior to the implementation of
paragraph (20) of subdivision (b) of Section 12071 or paragraph (8)
of subdivision (d) of Section 12084, and prior to the effective date
of paragraph (19) of subdivision (b) of Section 12071, the firearm
shall be deemed registered to that person, unless the department is
notified that the application to purchase that firearm was canceled,
on the date that the waiting period set forth in Section 12071,
12072, or 12084 on the application to purchase that firearm elapsed.

   (B) If the firearm was delivered prior to the implementation of
paragraph (20) of subdivision (b) of Section 12071 or paragraph (8)
of subdivision (d) of Section 12084, and after the effective date of
paragraph (19) of subdivision (b) of Section 12071, the firearm shall
be deemed registered to that person, unless the department is
notified that the application to purchase that firearm was canceled,
on the date that the waiting period set forth in Section 12017,
12072, or 12084 on the application to purchase that firearm which is
utilized in order to comply with paragraph (19) of subdivision (b) of
Section 12071 in respect to that firearm has elapsed.
   (C) If the firearm was delivered after the implementation of
paragraph (20) of subdivision (b) of Section 12071 or paragraph (8)
of subdivision (d) of Section 12084, the firearm shall be deemed
registered to that person as of the date and time that the department
is notified that the firearm referred to in the application to
purchase was delivered to that person.
   (2) If the firearm was delivered to a person pursuant to an
application to purchase and the delivery of the firearm was exempted
from the waiting period set forth in Section 12071, 12072, or 12084,
the firearm shall be deemed to be registered to the person at the
time the firearm was delivered to the person as reported to the
department on the application to purchase.
   (3) If the firearm was reported to be owned by a person pursuant
to paragraph (18) of subdivision (b) of Section 12071, the firearm
shall be deemed to be registered to the person at the time the person
indicates he or she took possession of the firearm.
   (4) If the firearm was reported to be owned by a person pursuant
to subdivision (c) of Section 12078, the firearm shall be deemed to
be registered to the person at the time the person indicates he or
she took possession of the firearm.
   (5) If the firearm was reported to be owned by a person pursuant
to subparagraph (A) of paragraph (2) of subdivision (i) of Section
12078, the firearm shall be deemed to be registered to the person at
the time the person indicates he or she took possession of the
firearm.
   (6) If the firearm was reported to be owned by a person pursuant
to subparagraph (B) of paragraph (2) of subdivision (i) of Section
12078, the firearm shall be deemed to be registered to the person at
the time the person indicates he or she took possession of the
firearm.
   (7) If the firearm was reported to be owned by a person pursuant
to subparagraph (C) of paragraph (2) of subdivision (i) of Section
12078, the firearm shall be deemed to be registered to the person at
the time the agency delivered the firearm to the person.
   (8) If the firearm was reported to be owned by a person pursuant
to subparagraph (D) of paragraph (2) of subdivision (i) of Section
12078, the firearm shall be deemed to be registered to the person at
the time the agency delivered the firearm to the person.
   (9) If the firearm was reported to be owned by a person pursuant
to subdivision (l) of Section 12078, the firearm shall be deemed to
be registered to the person at the time the person indicates that the
firearm was acquired by him or her.
   (10) If the firearm was reported to be owned by a person pursuant
to paragraph (4) or (5) of subdivision (a) of Section 12078, the
firearm shall be deemed to be registered to the person at the time
the agency delivering the firearm reports the date of delivery.
   (11) If the firearm was reported as being owned by a person
pursuant to Section 12053, as part of an application to be licensed
to carry that firearm pursuant to Section 12050, and the ownership of
the firearm was not otherwise previously reported to the Department
of Justice, the firearm shall be deemed to be registered to the
person on the date that he or she submits an application for a
license to carry the firearm pursuant to Section 12050.
   (12) If the firearm was reported as being owned by a person
pursuant to Section 12053, as part of an application for an amendment
to a license to carry the particular firearm pursuant to Section
12050, and the ownership of the firearm was not otherwise previously
reported to the Department of Justice, the firearm shall be deemed to
be registered to the person on the date the he or she submits an
application for an amendment to a license to carry the particular
firearm issued pursuant to Section 12050.
   (13) If the firearm was reported as being owned by a person
pursuant to clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, the firearm shall be deemed
registered to that person as of the date that he or she submits the
report of the same to the Department of Justice.
   (14) If the firearm was reported as being owned by a person
pursuant to paragraph (3) of subdivision (f) of Section 12072, the
firearm shall be deemed registered to that person as of the date that
he or she submits the report of the same to the Department of
Justice.
   (e) (1) If requested by the owner, the Department of Justice upon
registering a pistol, revolver, or other firearm capable of being
concealed upon the person shall issue a registration card to the
owner after payment of a fee to cover the estimated actual costs
associated with the processing and mailing or delivery of the
registration card.  The fee shall not in any event 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.
   (2) The registration card referred to in paragraph (1) shall
contain upon its face the date issued, the name and residence or
business address of the registrant, the date of birth of the
registrant, clear evidence of the age and identity of the registrant,
as defined in Section 12071, the name of the manufacturer of the
registered firearm, the serial number of the registered firearm, and
the caliber of the registered firearm, and any other information that
the department deems appropriate.   
  SEC. 3.  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) For purposes of Sections 12070, 12071, and paragraph 
(7)   (8)  of subdivision (a), and subdivisions
(b), (c), (d), and (f) 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.
   (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.
   (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.
   (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. 4.  Section 12026.2 of the Penal Code is amended to read:

   12026.2.  (a) Section 12025 does not apply to, or affect, any of
the following:
   (1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
   (2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers, or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
   (3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.

   (4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.

   (5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.
   (6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
   (7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
   (8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
   (9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
   (10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050 when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
   (11) The transportation of a firearm by a person when going
directly to, or coming directly from, a law enforcement agency for
the purpose of a lawful transfer, sale, or loan of that firearm
pursuant to Section 12084.
   (12) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite.  This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
   (13) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
   (14) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
   (15) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 178.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
   (16) The transportation of a firearm by a person in order to
utilize  paragraph (3)   paragraphs (6), (7),
(9), (10), and (11)  of subdivision (a) of Section 12078 as it
pertains to that firearm.
   (17) The transportation of a firearm by a person who finds the
firearm in order to comply with Article 1 (commencing with Section
2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
   (18) The transportation of a firearm by a person who finds the
firearm  or took it from a person committing a crime against him
or her  and is transporting it to a law enforcement agency for
disposition according to law, if he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law.
   (19) The transportation of a firearm by a person in order to
comply with paragraph (2) of subdivision (f) of Section 12072 as it
pertains to that firearm.
   (20) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.
   (21) The transportation of a firearm by a person for the purpose
of obtaining an identification number or mark assigned for that
firearm from the Department of Justice pursuant to Section 12092.

   (22) The transportation of a firearm by a person for the purpose
of complying with the requirements of Section 12083, provided that if
the firearm is being transported to a law enforcement agency for
disposition pursuant to Section 12083, he or she gives prior notice
to the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
Section 12083.
   (23) The transportation of a firearm by a person for the purpose
of complying with the requirements of Section 6389 of the Family
Code, provided that if the firearm is being transported to a law
enforcement agency for disposition pursuant to Section 6389 of the
Family Code, he or she gives prior notice to the law enforcement
agency that he or she is transporting the firearm to the law
enforcement agency for disposition according to Section 6389 of the
Family Code.
   (24) The transportation of a firearm by a person to whom the
firearm is being returned pursuant to law to a place where it may
legally be kept pursuant to Section 12026. 
   (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
   (c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any pistol, revolver, or other firearm
capable of being concealed upon the person in accordance with this
chapter.
   (d) As used in this section, "locked container" means a secure
container  which   that  is fully enclosed
and locked by a padlock, key lock, combination lock, or similar
locking device.  The term "locked container" does not include the
utility or glove compartment of a motor vehicle.   
  SEC. 5.  Section 12070 of the Penal Code is amended to read: 
   12070.  (a) No person shall sell, lease, or transfer firearms
unless he or she has been issued a license pursuant to Section 12071.
  Any person violating this section is guilty of a misdemeanor.
   (b) Subdivision (a) does not include any of the following:
   (1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
   (2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
   (3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest
 or as a surviving spouse pursuant to Chapter 1 (commencing
with Section 13500) of Part 2 of Division 8 of the Probate Code
 , provided the person disposes of the firearm within 60
days of receipt of the firearm.
   (4) The infrequent sale, lease, or transfer of firearms.
   (5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in subparagraph (B)
of paragraph (1) of subdivision (b) of Section 12071, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 12071,
and provided all the sales, leases, or transfers fully comply with
subdivision (d) of Section 12072.  However, the person shall not
engage in the sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person at more than 12 gun shows or events in any calendar year
and shall not sell, lease, or transfer more than 15 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person at any single gun show or event.  In no
event shall the person sell more than 75 used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person in any calendar year.
   A person described in this paragraph shall be known as a "Gun Show
Trader."
   The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
   As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
   (6) The activities of a law enforcement agency pursuant to Section
 12083 or  12084.
   (7) Deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms licensed to engage in
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (8) The sale, delivery, or transfer of firearms by manufacturers
or importers licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto to dealers or wholesalers.
   (9) Deliveries and transfers of firearms made pursuant to Section
12028, 12028.5,  or  12030  , or 12032  .
   (10) 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.
   (11) Sales, deliveries, or transfers of firearms by manufacturers,
importers, or wholesalers licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto 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.
   (12) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed outside this state
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto to
wholesalers, manufacturers, or importers, 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.
   (13) Sales, deliveries, or transfers of firearms by wholesalers to
dealers.
   (14) Sales, deliveries, or transfers of firearms by persons who
reside outside this state to persons licensed pursuant to Section
12071, 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.
   (15) Sales, deliveries, or transfers of firearms by persons who
reside outside this state and are licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto to dealers, 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.
   (16) The delivery, sale, or transfer of an unloaded firearm by one
wholesaler to another wholesaler if that firearm is intended as
merchandise in the receiving wholesaler's business.
   (17) 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 entertainment or
theatrical event.
   (18) The delivery of an unloaded firearm that is a curio or relic,
as defined in Section 178.11 of Title 27 of the Code of Federal
Regulations, by a person 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 with a current
certificate of eligibility issued pursuant to Section 12071 to a
dealer.  
   (19) The loan of a firearm made by a licensed private investigator
licensed pursuant to Chapter 11.3 (commencing with Section 7512) of
Division 3 of the Business and Professions Code to an employee
thereof who has a permit or license to carry a firearm issued to him
or her by the Department of Consumer Affairs to carry a firearm in
the course and scope of his or her employment.
   (20) The loan of a firearm made by a private patrol operator
licensed pursuant to Chapter 11.5 (commencing with Section 7580) of
Division 3 of the Business and Professions Code to an employee
thereof who has a permit or license to carry a firearm issued to him
or her by the Department of Consumer Affairs to carry a firearm in
the course and scope of his or her employment.
   (21) The loan of a firearm made by an alarm company operator
licensed pursuant to Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code to an employee
thereof who has a permit or license to carry a firearm issued to him
or her by the Department of Consumer Affairs to carry a firearm in
the course and scope of his or her employment.
   (22) Sales, deliveries, or transfers of firearms by a law
enforcement agency to a wholesaler.
   (23) Sales, deliveries, or transfers of firearms by a law
enforcement agency to persons who are licensed as manufacturers or
importers pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
   (24) The delivery of a firearm to a law enforcement agency by a
person who takes possession of a firearm after finding that firearm
or who took the firearm from a person who was committing a crime
against him or her. 
   (c) (1) As used in this section, "infrequent" means:
   (A) For pistols, revolvers, and other firearms capable of being
concealed upon the person, less than six transactions per calendar
year.  For this purpose, "transaction" means a single sale, lease, or
transfer of any number of pistols, revolvers, or other firearms
capable of being concealed upon the person.
   (B) For firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, occasional and without
regularity.
   (2) As used in this section, "operation of law" includes, but is
not limited to, any of the following:
   (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 between spouses pursuant to
Section 850 of the Family Code.
   (H) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (I) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.  
   (J) The sale, delivery, or transfer of firearms by a person who
initially obtained title to those firearms as a surviving spouse
pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of
Division 8 of the Probate Code.
   (K) The sale, delivery, or transfer of firearms that are disposed
of pursuant to Section 12083.   
  SEC. 6.  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 has all of the following:
   (A) A valid federal firearms license.
   (B) Any regulatory or business license, or licenses, required by
local government.
   (C) A valid seller's permit issued by the State Board of
Equalization.
   (D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
   (E) A license issued in the format prescribed by paragraph (6).
   (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) 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) "IF YOU KEEP A LOADED FIREARM, OR A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 16 GAINS
ACCESS TO THE FIREARM, YOU MAY BE GUILTY OF A MISDEMEANOR OR A
FELONY, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
   (C) "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."
   (D) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
   (E) "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 AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
   (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 firearms 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.
   (19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 178.102 (c) of Title 27 of the Code of Federal Regulations.

   (20) (A) Until July 1, 2003, if required by the Department of
Justice, the licensee shall report in a manner and format prescribed
by the department the date and time that the licensee delivered a
pistol, revolver, or other firearm capable of being concealed upon
the person to the purchaser or transferee of that firearm or the
person being loaned the firearm.
   (B) Commencing July 1, 2003, the licensee shall report in a manner
and format prescribed by the Department of Justice to the department
the date and time that the licensee delivered a pistol, revolver, or
other firearm capable of being concealed upon the person to the
purchaser or transferee of that firearm or the person being loaned
the firearm. 
   (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 firearms safety certificate"
means a basic firearms 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 subdivision (a) of Section 178.124,
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 and
the records referred to in subdivision (a) of Section 178.124 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.
   (3) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 178.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Section 12071.1, if that information
is requested by the person to determine the eligibility of a
prospective participant in a gun show or event to conduct
transactions as a firearms dealer pursuant to subparagraph (B) of
paragraph (1) of subdivision (b).  Information provided pursuant to
this paragraph shall be limited to information necessary to
corroborate an individual's current license status.
   (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. 7.  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) The dealer shall comply with paragraph (20) 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) 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 
applicable  provisions of  subsection (j) of Section
923 of Title 18 of the United States Code, as amended by Public Law
104-208   Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code  , 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) 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. 8.  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.  
   (9) The delivery, sale, or transfer of an unloaded firearm by a
person licensed pursuant to Section 12071, to an authorized
representative of a city, city and county, county, the state, or the
federal government for those governmental agencies where the
government entity is acquiring the weapon as part of an authorized,
voluntary program where the entity is buying or receiving weapons
from a private individual, or a person licensed pursuant to Section
12071. 
   (c) A violation of this section is a misdemeanor.   
  SEC. 9.  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 fictitious name or address or knowingly
furnishing any incorrect information or knowingly omitting any
information required to be provided for the electronic or telephone
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) (1) 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, 12021.1, or subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
   (2) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and 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, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
   (3) If the department determines that the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of paragraph
(9) of subdivision (a) of Section 12072 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 city and 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.
   (4) 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.
   (5) 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 require the dealer to charge
each firearm purchaser 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 Section 8103 of
the Welfare and Institutions Code.
   (3) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
   (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).
   (8) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
   (9) The department for the costs associated with subparagraph (D)
of paragraph (2) of subdivision (f) of Section 12072.
   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 paragraph (2) of
this subdivision, the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (3) of this
subdivision, the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (4) of 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, 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 imposed by paragraph (6) of
this subdivision, the estimated reasonable costs of the Department
of Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, and the estimated reasonable costs of the department for the
costs associated with subparagraph (D) of paragraph (2) of
subdivision (f) of Section 12072.
   (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  paragraph
(10) of subdivision (a) or  subdivision (l) of Section 12078 or
paragraph (18) of subdivision (b) of Section 12071, or clause (i) of
subparagraph (A) of paragraph (2) of subdivision (f) of Section
12072, or paragraph (3) of subdivision (f) of Section 12072.
   (D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).  

   (E) For the actual costs associated with reporting information
pursuant to paragraph (20) of subdivision (b) of Section 12071.
   (F) For the actual costs associated with reporting information
pursuant to paragraph (8) of subdivision (d) of Section 12084. 
   (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, subparagraph
(D) of paragraph (2) of subdivision (f) of Section 12072, 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. 10.  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, dangerous weapons permitholder waiting period
exemption pursuant to subdivision (r) of Section 12078, curio and
relic waiting period exemption pursuant to subdivision (t) of Section
12078,  any information required for the purposes of complying
with Section 12083,  California Firearms Dealer number issued
pursuant to Section 12071, 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), any
identification number or mark assigned to the firearm pursuant to
Section 12092, 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, any information required
to determine whether or not paragraph (6) of subdivision (c) of
Section 12072 applies,  whether or not the purchaser desires a
registration card issued pursuant to subdivision (e) of Section 11106
to be issued to him or her,  and a statement of the penalties
for any person signing a fictitious name or address or for knowingly
furnishing any incorrect information or for knowingly omitting any
information required to be provided for the register.
   (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, California Firearms Dealer number issued pursuant to Section
12071, dangerous weapons permitholder waiting period exemption
pursuant to subdivision (r) of Section 12078, curio and relic waiting
period exemption pursuant to paragraph (1) of subdivision (t) of
Section 12078,  any information required for the purposes of
complying with Section 12083,  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 of the
penalties for any person signing a fictitious name or address or for
knowingly furnishing any incorrect information or for knowingly
omitting any information required to be provided for the register.
   (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.

   (3) "Sale" means the sale, loan, or transfer of a firearm.    

  SEC. 11.  Section 12078 of the Penal Code is amended to read: 

   12078.  (a) (1) The waiting periods described in Sections 12071,
12072, and 12084 shall 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.  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
dealer or local law enforcement agency acting pursuant to Section
12084 at the time of purchase or transfer and the purchaser or
transferee shall identify himself or herself as the person authorized
in the certification.  The dealer or local law enforcement agency
shall keep the certification with the record of sale, or LEFT, as the
case may be.  On the date that the delivery, sale, or transfer is
made, the dealer delivering the firearm or the law enforcement agency
processing the transaction pursuant to Section 12084 shall forward
by prepaid mail to the Department of Justice a report of the
transaction pursuant to subdivision (b) or (c) of Section 12077 or
Section 12084.  If 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
transaction as is indicated in subdivision (b) or (c) of Section
12077.
   (2) The preceding provisions of this article do not apply to
deliveries, transfers, or sales of firearms made to authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments for exclusive use by those
governmental agencies if, prior to the delivery, transfer, or sale of
these firearms, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made.  Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser or transferee is employed,
identifying the employee as an individual authorized to conduct the
transaction, and authorizing the transaction for the exclusive use of
the agency by which he or she is employed.  Within 10 days of the
date a pistol, revolver, or other firearm capable of being concealed
upon the person is acquired by the agency, a record of the same shall
be entered as an institutional weapon into the Automated Firearms
System (AFS) via the California Law Enforcement Telecommunications
System (CLETS) by the law enforcement or state agency.  Those
agencies without access to AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.
   (3) The preceding provisions of this article do not apply to the
loan of a firearm made by an authorized law enforcement
representative of a city, county, or city and county, or the state or
federal government to a peace officer employed by that agency and
authorized to carry a firearm for the carrying and use of that
firearm by that peace officer in the course and scope of his or her
duties.
   (4) The preceding provisions of this article do not apply to the
delivery, sale, or transfer of a firearm by a law enforcement agency
to a peace officer pursuant to Section 10334 of the Public Contract
Code.  Within 10 days of the date that a pistol, revolver, or other
firearm capable of being concealed upon the person is sold,
delivered, or transferred pursuant to Section 10334 of the Public
Contract Code to that peace officer, the name of the officer and the
make, model, serial number, and other identifying characteristics of
the firearm being sold, transferred, or delivered shall be entered
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, transferred, or delivered the firearm.
Those agencies without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system.
   (5) The preceding provisions of this article do not apply to the
delivery, sale, or transfer of a firearm by a law enforcement agency
to a retiring peace officer who is authorized to carry a firearm
pursuant to Section 12027.1.  Within 10 days of the date that a
pistol, revolver, or other firearm capable of being concealed upon
the person is sold, delivered, or transferred to that retiring peace
officer, the name of the officer and the make, model, serial number,
and other identifying characteristics of the firearm being sold,
transferred, or delivered shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, transferred, or delivered the firearm.  Those
agencies without access to AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.
   (6) 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   paragraph  shall be disposed of
pursuant to the applicable provisions of Section 12028 or 12032.

   (7) (A) The preceding provisions of this article do not apply to
the acquisition of, receipt of, or disposition of a firearm by a duly
authorized peace officer while investigating violations of law in
performance of his or her official duties so long as that peace
officer complies with subparagraph (C).
   (B) The preceding provisions of this article do not apply to the
acquisition of, receipt of or disposition of a firearm by any person
working under the immediate direction, supervision, or instruction of
a duly authorized peace officer investigating violations of law in
performance of his or her official duties so long as that person
turns over the firearm as soon as practicable to the peace officer.
   (C) Unless the employing agency's regulations set a shorter period
of time, within 24 hours of a peace officer coming into possession
of a firearm pursuant to subparagraph (A), the officer shall cause
that firearm to be delivered to his or her employing agency, unless
that officer must by law immediately return the same to the person
who he or she took the firearm from.
   (D) An agency that receives possession of a firearm pursuant to
subparagraph (C) shall comply with the applicable provisions in
Sections 11108 and 11108.3.
   (E) All firearms acquired by a law enforcement agency pursuant to
this paragraph shall be disposed of pursuant to the applicable
provisions of Section 12028, 12028.5, 12030, or 12032.
   (8) Subdivision (d) of Section 12072 shall not apply to a person
who meets all of the following:
   (A) He or she takes possession of a firearm after finding that
firearm or who took the firearm from a person committing a crime
against him or her.
   (B) He or she promptly transfers the firearm to a law enforcement
agency and gives prior notice to the law enforcement agency that he
or she is doing so.
   (9) Subdivision (d) of Section 12072 shall not apply to the sale,
loan, delivery, or transfer of a firearm made by an authorized law
enforcement representative of a city, county, city and county, or
state or federal government to any public or private nonprofit
historical society, museum, or institutional collection if all of the
following conditions are met:
   (A) The entity receiving the firearm is open to the public.
   (B) The firearm prior to delivery is deactivated or rendered
inoperable.
   (C) The firearm is not required by other provisions of law to be
dealt with as provided in Section 12028, 12028.5, 12030, or 12032.
   (D) The firearm may by other provisions of law be sold, delivered,
or transferred to the public at large.
   (E) Prior to delivery, the entity receiving the firearm agrees in
writing that the firearm will not be restored to operating condition,
and will either remain with that entity, or if subsequently disposed
of, will be transferred, in accordance with the provisions of this
article.
   (F) Within 10 days of the date that the firearm is sold,
delivered, or transferred to that entity, if the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, the name of the agency delivering the firearm, and the
make, model, serial number, and other identifying characteristics of
the firearm being sold, transferred, or delivered shall be entered
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency that sold, transferred, or delivered the firearm.
Those agencies without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information into that system.
   (10) Subdivision (d) of Section 12072 shall not apply to the sale,
loan, delivery, or transfer of a firearm made by any person other
than a representative of an authorized law enforcement agency, to any
public or private nonprofit historical society, museum, or
institutional collection if all of the following conditions are met:

   (A) The entity receiving the firearm is open to the public.
   (B) The firearm prior to delivery is deactivated or rendered
inoperable.
   (C) Prior to delivery, the entity receiving the firearm agrees in
writing that the firearm will not be restored to operating condition,
and will either remain with that entity, or if subsequently disposed
of, will be transferred, in accordance with the provisions of this
article.
   (D) On the date that the firearm is sold, delivered, or
transferred to that entity, if the firearm is a pistol, revolver, or
other firearm capable of being concealed upon the person or entity,
the parties to the transaction shall forward by prepaid mail or
deliver in person to the Department of Justice, a single report
signed by both parties to the transaction, that includes information
concerning the entity taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in
question.  The report forms that are to be completed pursuant to this
paragraph shall be provided to them by the Department of Justice.
   (11) Subdivision (d) of Section 12072 does not apply to
deliveries, transfers, or sales of firearms made by authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments to wholesalers where all of the
following conditions are met:
   (A) Prior to the delivery, transfer, or sale of these firearms,
written authorization from the head of the agency authorizing the
transaction is presented to the wholesaler.  Proper written
authorization is defined as verifiable written certification from the
head of the agency that employs the purchaser or transferee,
identifying the employee as an individual authorized to conduct the
transaction.
   (B) In the case of an authorized law enforcement representative of
a city, county, city and county, or of the state, the firearms are
not firearms that are to be dealt with pursuant to Section 12028,
12028.5, 12030, or 12032.
   (C) The firearms are part of a transaction involving a trade or
exchange of firearms wherein that agency is receiving other firearms
pursuant to paragraph (2) or where the firearms are being returned to
that wholesaler.
   (D) If the firearm is a pistol, revolver, or other firearm capable
of being concealed upon the person, within 10 days of the date that
the firearm is sold, exchanged, returned, transferred, or delivered
to that wholesaler, the name of the wholesaler, and the make, model,
serial number, and other identifying characteristics of the firearm
being sold, transferred, or delivered shall be entered into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that sold, transferred, returned, exchanged, or delivered the
firearm.  Those agencies without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information into this system.  A record of the same shall be entered
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law enforcement
or state agency.  Those agencies without access to AFS shall arrange
with the sheriff of the county in which the agency is located to
input this information into this system.
   (E) The transaction complies with Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant to that chapter.
   (12) (A) In any case where a law enforcement agency in accordance
with the provisions of this article transfers its ownership of a
pistol, revolver, or other firearm capable of being concealed upon
the person that is not a nuisance weapon subject to the provisions of
Section 12028, 12028.5, 12030, or 12032, and the firearm is not
being transferred by that agency pursuant to paragraph (2), (4), (5),
(9), or (11) of this subdivision or subdivision (i), within 10 days
of the date that the pistol, revolver, or other firearm capable of
being concealed upon the person is sold, delivered, or transferred,
the name of the agency that sold, transferred, or delivered the
firearm and to whom it was sold, delivered, or transferred, as well
as the make, model, serial number, and other identifying
characteristics of the firearm being sold, transferred, or delivered
shall be entered into the Automated Firearms System (AFS) via the
California Law Enforcement Telecommunications System (CLETS) by the
law enforcement or state agency that sold, transferred, or delivered
the firearm.  Those agencies without access to AFS shall arrange with
the sheriff of the county in which the agency is located to input
this information via CLETS.
   (B) In any case where a law enforcement agency destroys any
pistol, revolver, or other firearm capable of being concealed upon
the person that is not a nuisance weapon subject to the provisions of
Section 12028, 12028.5, 12030, or 12032, within 10 days of the same
shall notify the department of the same.  This notification shall
consist of a complete description of each firearm, including the name
of the manufacturer or brand name, model, caliber, and serial
number.  That information shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that destroyed the firearm.  Those agencies without access to
AFS shall arrange with the sheriff of the county in which the agency
is located to input this information via CLETS. 
   (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  or the return of a firearm to its owner by a
gunsmith who has serviced or repaired that firearm  .
   (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)  (1)  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 that
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.  
   (2) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm made by a licensed private investigator licensed
pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3
of the Business and Professions Code to an employee thereof who has
a permit or license to carry a firearm issued to him or her by the
Department of Consumer Affairs to carry a firearm in the course and
scope of his or her employment.
   (3) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm made by a private patrol operator licensed pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code to an employee thereof who has a permit
or license to carry a firearm issued to him or her by the Department
of Consumer Affairs to carry a firearm in the course and scope of
his or her employment.
   (4) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm made by an alarm company operator licensed pursuant to
Chapter 11.6 (commencing with Section 7590) of Division 3 of the
Business and Professions Code to an employee thereof who has a permit
or license to carry a firearm issued to him or her by the Department
of Consumer Affairs to carry a firearm in the course and scope of
his or her employment. 
   (i) (1) Subdivision (d) of Section 12072 shall not apply to a
person who takes title or possession of a firearm that is not a
pistol, revolver, or other firearm capable of being concealed upon
the person by operation of law if 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.
   (2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a pistol, revolver, or other firearm
capable of being concealed upon the person by operation of law if
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 and all of the following conditions are met:
   (A) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.210 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subparagraph (G), (I), or (J) of paragraph (2) of
subdivision (u), 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 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 that individuals complete pursuant to this
paragraph shall be provided to them by the department.
   (B) If the person taking title or possession is receiving the
firearm pursuant to subparagraph (G) of paragraph (2) of subdivision
(u), the person shall do both of the following:
   (i) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report 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 that individuals complete pursuant
to this paragraph shall be provided to them by the department.
   (ii) Prior to taking possession of the firearm, the person shall
either obtain a basic firearms safety certificate or be exempt from
obtaining a basic firearms safety certificate pursuant to Section
12081.
   (C) Where the person receiving title or possession of the pistol,
revolver, or other firearm capable of being concealed upon the person
is a person described in subparagraph (I) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics, shall be
entered into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency that transferred or delivered the
firearm.  Those agencies without access to AFS shall arrange with the
sheriff of the county in which the agency is located to input this
information via this system.
   (D) Where the person receiving title or possession of the pistol,
revolver, or other firearm capable of being concealed upon the person
is a person described in subparagraph (J) of paragraph (2) of
subdivision (u), on the date that the person is delivered the
firearm, the name and other information concerning the person taking
possession of the firearm, how title or possession of the firearm was
obtained and from whom, and a description of the firearm by make,
model, serial number, and other identifying characteristics, shall be
entered into the AFS via the CLETS by the law enforcement or state
agency that transferred or delivered the firearm.  Those agencies
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.  In addition, that law enforcement agency shall not deliver
that pistol, revolver, or other firearm capable of being concealed
upon the person to the person referred to in this subparagraph unless
prior to the delivery of the same the person presents proof to the
agency that he or she is the holder of a basic firearms safety
certificate or is exempt from obtaining a basic firearms safety
certificate pursuant to Section 12081.
   (3) 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 subsequently 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 firearms 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  , or 12032
 .
   (k) Section 12071 and subdivision (c) of Section 12072 shall not
apply to any of the following:
   (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) (1) The waiting period described in Sections 12071, 12072, and
12084 shall not apply to the sale, delivery, loan, or transfer of a
firearm that is a curio or relic, as defined in Section 178.11 of
Title 27 of the Code of Federal Regulations, by a dealer or through a
law enforcement agency to 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
who has a current certificate of eligibility issued to him or her by
the Department of Justice pursuant to Section 12071.  On the date
that the delivery, sale, or transfer is made, the dealer delivering
the firearm or the law enforcement agency processing the transaction
pursuant to Section 12084, shall forward by prepaid mail to the
Department of Justice a report of the transaction pursuant to
subdivision (b) 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 transaction as is indicated in
subdivision (b) or (c) of Section 12077.
   (2) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale, loan, or transfer of a firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the
person, which is a curio or relic manufactured at least 50 years
prior to the current date, but not including replicas thereof, as
defined in Section 178.11 of Title 27 of the Code of Federal
Regulations.
   (u) 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.
   (I) Firearms received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
   (J) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Division 3 of the Civil Code.  
   (K) Firearms that are received by a person, other than the
authorized representative of a law enforcement agency, acting as the
designee of a person who is utilizing Section 12083 to avoid another
applicable prohibition on possessing a firearm.   
  SEC. 12.  Section 12082 of the Penal Code is amended to read: 

   12082.  (a) 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 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.

                               (b) The Attorney General shall adopt
regulations under this section to do all of the following:
   (1) Allow the seller or transferor of 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 Sections 12071, 12072, 12076,
 and  12077  , and 12083  and to preserve
the confidentiality of those records.
   (2) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, to allow a
personal handgun importer's ownership of the pistol, revolver, or
other firearm capable of being concealed upon the person being sold
or transferred to be recorded in a manner that if the firearm is
returned to that personal handgun importer because the sale or
transfer cannot be completed, the Department of Justice will have
sufficient information about that personal handgun importer so that a
record of his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
   (3) Ensure that 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 and
whether or not the person is a personal handgun importer in addition
to any other information required by Section 12077.
   (c) A violation of this section by a dealer is a misdemeanor.

  SEC. 13.  Section 12083 is added to the Penal Code, to read:
   12083.  (a) Unless another provision of law specifies a different
procedure, not later than 30 days after the occurrence of any event
that renders a person ineligible to possess a firearm, that person
shall do one of the following:
   (1) Cause that firearm to be sold or transferred in accordance
with the provisions of subdivision (d) of Section 12072 or in
accordance with the provisions of an exemption to subdivision (d) of
Section 12072.
   (2) Cause that firearm to be sold or transferred to a person
licensed pursuant to Section 12071.
   (3) Cause that firearm to be sold or transferred to a law
enforcement agency, which shall treat that firearm as if it was
seized as a nuisance weapon and destroy it pursuant to Section 12028,
utilize it pursuant to Section 12030, or dispose of the firearm
pursuant to paragraph (4).
   (4) If agreed to by the individual and the law enforcement agency,
the law enforcement agency shall retain possession of the firearm
while the individual or his or her designated representative arranges
the disposition of the firearm pursuant this paragraph.  The
individual or his or her designated representative, may, at any time
up to one year after the delivery or surrender of the firearm to the
law enforcement agency, transfer the firearm in accordance with the
provisions of Section 12072 to any person eligible to possess that
firearm.  Upon notification in writing of the transaction by the
purchaser or transferee and the seller or transferor, the law
enforcement agency shall, within 10 days, deliver the firearm to a
person who is licensed pursuant to Section 12071 to process the
transaction pursuant to Sections 12071 and 12072.  If, at the end of
the one-year period, the firearm has not been transferred, the law
enforcement agency shall cause the firearm to be destroyed pursuant
to Section 12028 or utilized pursuant to Section 12030.
   (b) Any person who is subject to this section shall not be in
violation of any section of law that otherwise prohibits his or her
possession of a firearm, if he or she transfers the firearm as
provided, and within the time period set forth in subdivision (a).
  SEC. 14.  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, 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 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 agent 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) (A) The agency may charge a fee, not to exceed actual cost,
sufficient to reimburse the agency for processing the transfer.
   (B) The department may charge a fee, not to exceed actual cost,
sufficient to reimburse the department for providing the information.
  The department shall charge the same fee that 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 firearms safety
certificate.
   (H) Unless the purchaser is at least 18 years of age.  
   (8) (A) Until July 1, 2003, on the date that the seller delivers a
pistol, revolver, or other firearm capable of being concealed upon
the person to the purchaser, he or she, if required by the Department
of Justice, shall report in a manner and format prescribed by the
department the date and time he or she delivered that pistol,
revolver, or other firearm capable of being concealed upon the person
to that purchaser.
   (B) Commencing July 1, 2003, on the date that the seller delivers
a pistol, revolver, or other firearm capable of being concealed upon
the person to the purchaser, he or she shall report to the Department
of Justice in a manner and format prescribed by the department the
date and time he or she delivered that pistol, revolver, or other
firearm capable of being concealed upon the person to that purchaser.

   (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. 15.  Chapter 1180 of the Statutes of 1988 shall be known, and
may be cited as, the Klehs Safe and Responsible Firearms Transfer Act
of 1988.
  SEC. 16.  Chapter 462 of the Statutes of 1997 shall be known as,
and may be cited as, the Shelley-Alpert-Ducheny Pistol-Revolver
Registration Parity Act of 1997.
  SEC. 17.  It is not the intent of the Legislature in enacting
paragraph (24) of subdivision (b) of Section 12070 of the Penal Code
and paragraph (8) of subdivision (a) of Section 12078 of the Penal
Code to expand or narrow the application of current statutes and
judicial decisions in other sections of law regarding the doctrine of
"temporary lawful possession" recognized in People v. Mijares (1971)
6 Cal.3d 415, People v. Hurtado (1996) 47 Cal.4th 805, and People v.
Pepper (1996) 41 Cal.App.4th 1029.
  SEC. 18.  The amendment to subdivision (k) of, and the addition of
subdivision (n) to, Section 6389 of the Family Code, made by Section
1 of this act, are declaratory of existing law.
  SEC. 19.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs  that may be incurred by a local agency or school district
because in that regard 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.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   _____________________________________  All matter omitted in
this version  of the bill appears in the bill as  amended in the
Senate,  January 19, 1999 (JR 11)
____________________________________
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