BILL NUMBER: SB 31 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2000
AMENDED IN ASSEMBLY AUGUST 14, 2000
AMENDED IN ASSEMBLY JUNE 21, 2000
AMENDED IN SENATE JANUARY 24, 2000
AMENDED IN SENATE JANUARY 13, 2000
AMENDED IN SENATE JANUARY 3, 2000
AMENDED IN SENATE JANUARY 19, 1999
INTRODUCED BY Senators Peace, Perata, and Solis
DECEMBER 7, 1998
An act to amend Section 6389 of the Family Code, and to amend
Sections 12001, 12021, 12026.2, 12030, and 12078 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as amended, Peace. Firearms: delivery and transfer.
(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 provides that every person who owns or possesses
a firearm knowing that he or she is prohibited from owning or
possessing a firearm by the provisions of a protective order, as
specified, is guilty of a public offense.
This bill would provide that every person who possesses a firearm
knowing that possession is prohibited by a protective order, as
specified, is guilty of a public offense.
(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, 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.
(5) This bill would declare findings by the Legislature.
(6) This bill would incorporate additional changes in Section
12021 of the Penal Code proposed by AB 1989, to become operative if
both this bill and AB 1989 are enacted and become effective on or
before January 1, 2001, and this bill is enacted last.
(7) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 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 possess, purchase, or receive a firearm while
that protective order is in effect.
(b) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from 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 within a specified
time of receipt of the order. The order shall also state on its face
the expiration date for relinquishment.
(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 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 as to a particular firearm shall be exempt
from the provisions of subdivision (g) of Section 12021 of the Penal
Code as it pertains to that firearm.
SEC. 2. Section 12001 of the Penal Code is amended to read:
12001. (a) As used in this title, the terms "pistol," "revolver,"
and "firearm capable of being concealed upon the person" shall apply
to and include any device designed to be used as a weapon, from
which is expelled a projectile by the force of any explosion, or
other form of combustion, and which has a barrel less than 16 inches
in length. These terms also include any device which has a barrel 16
inches or more in length which is designed to be interchanged with a
barrel less than 16 inches in length.
(b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of combustion.
(c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, and 12101 of this code, and Sections 8100, 8101, and
8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.
(d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
(e) For purposes of Sections 12070, 12071, and paragraph (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. 3. Section 12021 of the Penal Code is amended to read:
12021. (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, or has in his or her
possession or under his or her custody or control, any firearm is
guilty of a public offense, which shall be punishable by imprisonment
in a county jail not exceeding one year or in the state prison, by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons subject
to this subdivision. However, the prohibition in this paragraph may
be reduced, eliminated, or conditioned as provided in paragraph (2)
or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1), may petition the court only
once for relief from this prohibition. The petition shall be filed
with the court in which the petitioner was sentenced. If possible,
the matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing in
this paragraph shall be construed to require courts to grant relief
to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his or her
possession or under his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c) is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms provided by the Department of
Justice, shall notify the department of persons subject to this
subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years. A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine. The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is subject to a
protective order as defined in
Section 6218 of the Family Code, Section 136.2, or a
temporary restraining order or injunction issued pursuant to Section
527.6 or 527.8 of the Code of Civil Procedure, is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. This subdivision does not apply unless the copy of the
restraining order personally served on the person against whom the
restraining order is issued contains a notice in bold print stating
(1) that the person is prohibited from purchasing or receiving or
attempting to purchase or receive a firearm and (2) specifying the
penalties for violating this subdivision, or a court has provided
actual verbal notice of the firearm prohibition and penalty as
provided in Section 6304 of the Family Code.
(2) Every person who possesses a firearm knowing that he or she is
prohibited from possessing a firearm by the provisions of a
protective order as defined in Section 6218 of the Family Code,
Section 136.2 of the Penal Code, or a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine. This subdivision does not apply unless a
copy of the restraining order personally served on the person
against whom the restraining order is issued contains a notice in
bold print stating (1) that the person is prohibited from possessing
or attempting to possess a firearm and (2) specifying the penalties
for violating this subdivision, or a court has provided actual verbal
notice of the firearm prohibition and penalty as provided in Section
6304 of the Family Code.
(3) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from 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 within a specified
time of receipt of the order. The order shall also state on its face
the expiration date for relinquishment.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given 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.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
SEC. 3.5. Section 12021 of the Penal Code is amended to read:
12021. (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, or has in his or her
possession or under his or her custody or control, any firearm is
guilty of a public offense, which shall be punishable by imprisonment
in a county jail not exceeding one year or in the state prison, by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons subject
to this subdivision. However, the prohibition in this paragraph may
be reduced, eliminated, or conditioned as provided in paragraph (2)
or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1), may petition the court only
once for relief from this prohibition. The petition shall be filed
with the court in which the petitioner was sentenced. If possible,
the matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his or her
possession or under his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c) is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms provided by the Department of
Justice, shall notify the department of persons subject to this
subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years. A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine. The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is subject to a
protective order as defined in Section 6218 of the Family Code,
Section 136.2, or a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. This subdivision does not apply
unless the copy of the restraining order personally served on the
person against whom the restraining order is issued contains a notice
in bold print stating (1) that the person is prohibited from
purchasing or receiving or attempting to purchase or receive a
firearm and (2) specifying the penalties for violating this
subdivision, or a court has provided actual verbal notice of the
firearm prohibition and penalty as provided in Section 6304 of the
Family Code.
(2) Every person who possesses a firearm knowing that he or she is
prohibited from possessing a firearm by the provisions of a
protective order as defined in Section 6218 of the Family Code,
Section 136.2 of the Penal Code, or a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine. This subdivision does not apply unless a
copy of the restraining order personally served on the person
against whom the restraining order is issued contains a notice in
bold print stating (1) that the person is prohibited from possessing
or attempting to possess a firearm and (2) specifying the penalties
for violating this subdivision, or a court has provided actual verbal
notice of the firearm prohibition and penalty as provided in Section
6304 of the Family Code.
(3) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from 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 within a specified
time of receipt of the order. The order shall also state on its face
the expiration date for relinquishment.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given 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.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
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 (6) 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 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.
(23) 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 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 12030 of the Penal Code is amended to read:
12030. (a) The officer having custody of any firearms that may be
useful to the California National Guard, the Coast Guard Auxiliary,
or to any military or naval agency of the federal or state
government, including, but not limited to, the California National
Guard military museum and resource center, may, upon the authority of
the legislative body of the city, city and county, or county by
which he or she is employed and the approval of the Adjutant General,
deliver the firearms to the commanding officer of a unit of the
California National Guard, the Coast Guard Auxiliary, or any other
military agency of the state or federal government in lieu of
destruction as required by this chapter. The officer delivering the
firearms shall take a receipt for them containing a complete
description thereof and shall keep the receipt on file in his or her
office as a public record.
(b) Any law enforcement agency that has custody of any firearms,
or any parts of any firearms, that are subject to destruction as
required by this chapter may, in lieu of destroying the weapons,
retain and use any of them as may be useful in carrying out the
official duties of the agency, or upon approval of a court, may
release them to any other law enforcement agency for use in carrying
out the official duties of that agency, or may turn over to the
criminalistics laboratory of the Department of Justice or the
criminalistics laboratory of a police department, sheriff's office,
or district attorney's office any weapons which may be useful in
carrying out the official duties of their respective agencies.
(c) Any firearm, or part of any firearm, that, rather than being
destroyed, is used for official purposes pursuant to this section
shall be destroyed
by the agency using the weapon when it is no longer needed by the
agency for use in carrying out its official duties. In the case of
firearms or weaponry donated to the California National Guard
military museum and resource center, they may be disposed of pursuant
to Section 179 of the Military and Veterans Code.
(d) Any law enforcement agency which has custody of any firearms,
or any parts of any firearms, that are subject to destruction as
required by this chapter may, in lieu of destroying the firearms,
obtain an order from the superior court directing the release of the
firearms to the sheriff. The sheriff shall enter such weapons into
the Automated Firearms System (AFS) with a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field. The sheriff shall
then release the firearms to the basic training academy certified by
the Commission on Peace Officer Standards and Training, so that the
firearms may be used for instructional purposes in the certified
courses. As used in this section, the term "firearms" shall not
include destructive devices, as defined in Section 12301. All
firearms released to an academy shall be under the care, custody, and
control of the particular academy.
Any firearms, or part of any firearms, that is not destroyed, and
is used for the purposes authorized by this section, shall be
returned to the law enforcement agency which had original custody of
the firearms when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission.
(e) Any law enforcement agency that retains custody of any firearm
pursuant to this section or that destroys a firearm pursuant to
Section 12028 shall notify the Department of Justice of the retention
or destruction. 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.
(f) Any law enforcement agency that returns a pistol, revolver, or
other firearm capable of being concealed upon the person to its
lawful owner pursuant to Section 12028 or 12028.5, shall enter the
name of the agency returning the firearm, the name of the person to
whom it is returned, and the make, model, serial number, and other
identifying characteristics of the firearm being returned into the
Automated Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS). 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 the AFS.
SEC. 6. 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 shall
be disposed of pursuant to the applicable provisions of Section
12028 or 12032, provided that no firearm received pursuant to this
paragraph may be resold or transferred to the public, or to persons
licensed pursuant to Section 12071.
(7) (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), or
(5), 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 law enforcement agency shall
enter into the Automated Firearms System (AFS) via the California
Law Enforcement Telecommunications System (CLETS), the name of the
agency, and to whom the firearm was sold, delivered, or transferred,
and the make, model, serial number, and other identifying
characteristics of 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 AFS via the 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.
(f) Subdivision (d) of Section 12072 shall not apply to the sale,
delivery, or transfer of firearms by persons who reside in this state
to persons who reside outside this state who are licensed pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, if the
sale, delivery, or transfer is in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a pistol,
revolver, or other firearm capable of being concealed upon the
person, at auctions or similar events conducted by nonprofit mutual
or public benefit corporations organized pursuant to the Corporations
Code.
As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a pistol, revolver, or other firearm
capable of being concealed upon the person, if the firearm is
donated for an auction or similar event described in paragraph (1)
and the firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
(3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a pistol,
revolver, or other firearm capable of being concealed upon the
person, at an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b)
of Section 12071. Within two business days of completion of the
application to purchase, the dealer shall forward by prepaid mail to
the Department of Justice a report of the same as is indicated in
subdivision (c) of Section 12077. If the electronic or telephonic
transfer of applicant information is used, within two business days
of completion of the application to purchase, the dealer delivering
the firearm shall transmit to the Department of Justice an electronic
or telephonic report of the same as is indicated in subdivision (c)
of Section 12077.
(h) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm for the purposes of shooting at targets if the loan
occurs on the premises of a target facility 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.
(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.
(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.
The
SEC. 7. 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. 7.
SEC. 8. (a) The Legislature finds and declares all of the
following:
(1) Current state firearms laws do not delineate a clear and
succinct general procedure on how persons who legally acquire
firearms and who subsequently fall within a class of persons
prohibited from possessing firearms shall dispose of the firearm and
thereby avoid criminal liability for possession or disposing of the
firearm.
(2) Other states through various means have addressed the issue
described in paragraph (1) through a statute of general application.
(b) The Attorney General shall prepare and submit to the
Legislature, on or before June 1, 2001, a report concerning all of
the following:
(1) Recommending a clear and succinct general procedure on how
persons who legally acquire firearms and who subsequently fall within
a class of persons prohibited from possessing a firearm shall
dispose of the firearm and thereby avoid criminal liability for
possession or disposing of the firearm.
(2) What specific changes in language and references to code
sections, and conforming changes to code sections, in state firearms
statutes are needed to establish a procedure described in paragraph
(1).
SEC. 8.
SEC. 9. Section 3.5 of this bill incorporates amendments to
Section 12021 of the Penal Code proposed by both this bill and AB
1989. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 12021 of the Penal Code, and (3) this bill is enacted
after AB 1989, in which case Section 4 3
of this bill shall not become operative.