BILL NUMBER: AB 334 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2007
INTRODUCED BY Assembly Member Levine
FEBRUARY 13, 2007
An act to amend Section 12001 Sections
12001 and 12077 of, and to add Section 12043 to, the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 334, as amended, Levine. Firearms: loss and theft.
Existing law defines "firearm" and provides that for certain
purposes, including certain offenses, "firearm" includes the frame or
receiver of the weapon.
This bill would provide that the term "firearm" also includes the
frame or receiver of the weapon for purposes of the offense of
failure to report a stolen or lost firearm.
Existing law generally regulates the possession of firearms.
This bill would make it an infraction for any person whose handgun
is stolen or irretrievably lost to, within 5 working days after his
or her discovery or knowledge of, or within 5 working days after the
date he or she should reasonably have known of, the theft or loss,
fail to report the theft or loss to a local law enforcement agency of
the jurisdiction in which the theft or loss occurred or in which the
person resides. The bill would require specified notices of
this requirement to persons acquiring handguns after July 1, 2008,
as specified. The bill would provide that local governments are not
prohibited from enacting ordinances imposing reporting requirements
that are more strict than those specified in the bill. The
bill would require the Attorney General, in cooperation with law
enforcement agencies and firearms-related organizations to develop a
protocol for the implementation of these provisions, as specified, on
or before April 1, 2008. The protocol would include
requirements that peace officers notify victims of theft of the
requirement to report missing or lost handguns, and requirements that
the peace officer assist the victim, to the extent practicable, in
identifying the make, model, and serial number of the victim's lost
or stolen handgun.
By creating a new crime, this bill would impose a state-mandated
local program. By imposing additi onal duties on local
peace officers, ths bill would impose a state-mandated local
program.
Existing law requires the Department of Justice to prescribe the
form of the register and the record of electronic transfer in
connection with information recorded and forwarded to the department
by firearms dealers in connection with handgun sales, as specified.
This bill would require these documents to contain an advisement
regarding the requirement of a handgun owner to report a missing or
lost handgun, as specified. The bill would make other technical
changes.
This bill would incorporate additional changes to Section 12001 of
the Penal Code, proposed in AB 854, to be operative only if AB 854
and this bill are enacted, and each bill amends Section 12001 of the
Penal Code, and this bill is enacted after AB 854.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that 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.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12001 of the Penal Code is amended to read:
12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
(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, 12043, 12070, 12071,
12072, 12073, 12078, 12101, and 12801 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 12043, 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 that is defined as an "antique firearm" in Section 921(a)(16)
of Title 18 of the United States Code.
(f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
(g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas 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 or 12072, "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 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, 12101, and 12801 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.
() 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 handgun.
(5) He or she acquired that handgun 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 handgun within this state on
or after January 1, 1998.
(8) The handgun 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 handgun 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 handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
(12) The handgun 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.
(p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
(q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
(r) As used in this title, "gunsmith" 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 is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
SEC. 1.5. Section 12001 of the Penal
Code is amended to read:
12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
(2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
(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, 12043, 12070,
12071, 12072, 12073, 12078, 12101, and 12801 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 12043, 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 that is defined as an "antique firearm" in Section
921(a)(16) of Title 18 of the United States Code.
(f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
(g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas 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 or 12072, "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 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, 12101, and 12801 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.
() 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
handgun .
(5) He or she acquired that pistol, revolver, or other
firearm capable of being concealed upon the person
handgun 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
handgun within this state on or after January 1, 1998.
(8) The pistol, revolver, or other firearm capable of
being concealed upon the person handgun 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
handgun 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 handgun 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 handgun is not
an assault weapon, as defined in Section 12276 or 12276.1.
(12) The pistol, revolver, or other firearm capable of
being concealed upon the person handgun 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.
(p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
(q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
(r) As used in this title, "gunsmith" 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 is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
(s) As used in this title, "consultant-evaluator" means a
consultant or evaluator who, in the course of his or her profession
is loaned firearms from a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, for his or her research
or evaluation, and has a current certificate of eligibility issued to
him or her pursuant to Section 12071.
SEC. 2. Section 12043 is added to the Penal Code, to read:
12043. (a) Any person who acquires or reacquires ownership of a
handgun, or who reports his or her ownership of a handgun to the
Department of Justice on or after July 1, 2008, and thereafter the
handgun is stolen or irretrievably lost, shall,
within five working days after his or her discovery or knowledge of,
or within five working days after the date he or she should
reasonably have known of, the theft or loss, report the theft or loss
to a local law enforcement agency of the jurisdiction in which the
theft or loss occurred or in which the person resides.
(b) Any person who violates subdivision (a) is guilty of an
infraction punishable as follows:
(1) For a first violation of this section, by a fine not to exceed
one hundred dollars ($100).
(2) For a second or subsequent violation of this section, by a
fine not to exceed two hundred fifty dollars ($250).
(c) Any person who complies with subdivision (a) shall be immune
from any civil liability for the illicit use or possession of the
firearm occurring after the theft or loss. This subdivision shall not
apply if the person had prior knowledge of the misconduct or was
negligent with respect to the theft or loss of the firearm.
(d) No charge may be imposed for submitting a report pursuant to
this section.
(e) The Department of Justice shall, in promulgating forms and
reports pursuant to any provision of law , other than Section
12077, that requires or allows a person to report his or her
ownership of a handgun to the department, include information
indicating the reporting requirements of this section.
(f) Commencing July 1, 2008, the licensee shall, at the time of
delivering a handgun to a person acquiring ownership or to a person
complying with the requirements of paragraph (2) of subdivision (f)
of Section 12072, provide the person with a written notice of the
requirements of this section in a format prescribed by the
department. The licensee shall sign and date an affidavit in
duplicate stating that the person receiving the handgun has been
given the notice. The licensee shall additionally obtain the
signature of the person receiving the handgun on the same affidavit.
The licensee shall retain the original affidavit and provide the
duplicate to the person receiving the handgun.
(g) Nothing in this section shall be construed to preempt an
existing ordinance or to prevent a local government from enacting an
ordinance, that imposes reporting requirements that are more strict
than those specified in subdivision (a).
(h)
(f) Compliance with this section does not require that
a person reporting a lost or stolen handgun report the make, model,
and serial number of the handgun.
(i)
(g) The Attorney General, in cooperation with those law
enforcement agencies and firearms-related organizations as may
choose to do so, shall develop a protocol for the implementation of
the provisions of this section. The protocol shall include
requirements that peace officers notify victims of theft of the
provisions of this section and assist victims in identifying, to the
extent practicable, the make, model, and serial number of their
handguns that are lost or stolen. The protocol shall be
completed on or before April 1, 2008.
(j)
(h) The provisions of this section are cumulative and
shall not be construed as restricting the application of any other
law. However, an act or omission punishable in different ways by this
section and different provisions of this code shall not be punished
under more than one provision.
SEC. 3. Section 12077 of the Penal Code
is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer
waiting period exemption pursuant to subdivision (n) of Section
12078, dangerous weapons permitholder waiting period exemption
pursuant to subdivision (r) of Section 12078, curio and relic waiting
period exemption pursuant to subdivision (t) of Section 12078
any applicable waiting period exemption ,
California Firearms Dealer number issued pursuant to Section 12071,
for transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, an
advisement of the requirement set forth in Section 12043 to report
handguns that are stolen or lost, within five working days after his
or her discovery or knowledge of, or within five working days after
the date he or she should reasonably have known of, the theft or
loss, to a local law enforcement agency of the jurisdiction in which
the theft or loss occurred or in which the person resides, and
a statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event
waiting period exemption pursuant to subdivision (g) of Section
12078, California Firearms Dealer number issued pursuant to
Section 12071, dangerous weapons permitholder waiting
period exemption pursuant to subdivision (r) of Section 12078, curio
and relic waiting period exemption pursuant to paragraph (1) of
subdivision (t) of Section 12078 any applicable
waiting period exemption , full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase, including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a
person who has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, an
advisement of the requirement set forth in Section 12043 to report
handguns that are stolen or lost, within five working days after his
or her discovery or knowledge of, or within five working days after
the date he or she should reasonably have known of, the theft or
loss, to a local law enforcement agency of the jurisdiction in which
the theft or loss occurred or in which the pe rson
resides, and a statement of the penalties for any person
signing a fictitious name or address or for knowingly furnishing any
incorrect information or for knowingly omitting any information
required to be provided for the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 4. Section 1.5 of this bill incorporates
amendments to Section 12001 of the Penal Code proposed by both this
bill and AB 854. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2008, (2) each
bill amends Section 12001 of the Penal Code, and (3) this bill is
enacted after AB 854, in which case Section 1 of this bill shall not
become operative.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.