BILL NUMBER: AB 2186	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 18, 2010

   An act to amend Section 12094 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2186, as introduced, De Leon. Firearms.
   Existing law makes it an offense for any person, with knowledge of
any change, alteration, removal, or obliteration, to buy, receive,
dispose of, sell, offer for sale, or to have in his or her possession
any pistol, revolver, or other firearm which has had the name of the
maker, model, or the manufacturer's number or other mark of
identification including any distinguishing number or mark assigned
by the Department of Justice changed, altered, removed, or
obliterated.
   This bill would make a technical, nonsubstantive change to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 12094 of the Penal Code is amended to read:
   12094.  (a)  Any   Every  person with
knowledge of any change, alteration, removal, or obliteration
described herein, who buys, receives, disposes of, sells, offers for
sale, or has in his or her possession any pistol, revolver, or other
firearm which   that  has had the name of
the maker, model, or the manufacturer's number or other mark of
identification including any distinguishing number or mark assigned
by the Department of Justice changed, altered, removed, or
obliterated is guilty of a misdemeanor.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The acquisition or possession of a firearm described in
subdivision (a) by any member of the military forces of this state or
of the United States, while on duty and acting within the scope and
course of his or her employment.
   (2) The acquisition or possession of a firearm described in
subdivision (a) by any peace officer described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, while on duty and
acting within the scope and course of his or her employment.
   (3) The acquisition or possession of a firearm described in
subdivision (a) by any employee of a forensic laboratory, while on
duty and acting within the scope and course of his or her employment.

   (4) The possession and disposition of a firearm described in
subdivision (a) by a person who meets all of the following:
   (A) He or she is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code, or Section 8100 or
8103 of the Welfare and Institutions Code.
   (B) The person possessed the firearm no longer than was necessary
to deliver the same to a law enforcement agency for that agency's
disposition according to law.
   (C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency in order to
deliver the firearm to the law enforcement agency for the agency's
disposition according to law.
   (D) If the person is transporting the firearm to a law enforcement
agency, he or she has given prior notice to the law enforcement
agency that he or she is transporting the firearm to that law
enforcement agency for that agency's disposition according to law.
   (E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.