BILL NUMBER: SB 1422	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 24, 2012

   An act to amend Section 31700 of the Penal Code, relating to
handguns.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1422, as introduced, Anderson. Handguns: handgun safety
certificate: exemptions.
   Existing law prohibits any person, with exceptions, from
purchasing or receiving any handgun, except an antique firearm,
without a valid handgun safety certificate, or to sell, deliver,
loan, or transfer any handgun, except an antique firearm, to any
person who does not have a valid handgun safety certificate. Existing
law exempts certain persons from the requirement of having a handgun
safety certificate, including active or honorably retired members of
the United States Armed Forces, the National Guard, the Air National
Guard, and the active reserve components of the United States, where
individuals in those organizations are properly identified.
   This bill would similarly exempt an honorably discharged member of
the United States Armed Forces, the National Guard, the Air National
Guard, or the active reserve components of the United States who was
honorably discharged within an unspecified number of years, and
where the individual is properly identified as having been honorably
discharged within an unspecified number of years, as provided.
   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 31700 of the Penal Code is amended to read:
   31700.  (a) The following persons, properly identified, are
exempted from the handgun safety certificate requirement in
subdivision (a) of Section 31615:
   (1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
   (2) Any active or honorably retired federal officer or law
enforcement agent.
   (3) Any reserve peace officer, as defined in Section 832.6.
   (4) Any person who has successfully completed the course of
training specified in Section 832.
   (5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
   (6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
   (7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
   (8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
   (9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

   (10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member. 
   (11) An honorably discharged member of the United States Armed
Forces, the National Guard, the Air National Guard, or the active
reserve components of the United States, where that individual has
been discharged within the last ___ years, and where the individual
is properly identified as having been honorably discharged within the
last ___ years. For purposes of this section, proper identification
includes written documentation certifying that the individual is an
honorably discharged member within the last ___ years.  

   (11) 
    (12)  Any person who is authorized to carry loaded
firearms pursuant to Section 26025 or 26030. 
   (12) 
    (13)  Persons who are the holders of a special weapons
permit issued by the department pursuant to Section 32650 or 33300,
pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
   (b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
   (1) The executor or administrator of an estate.
   (2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, 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.
   (3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
   (4) A receiver performing the functions of a receiver.
   (5) A trustee in bankruptcy performing the duties of a trustee.
   (6) An assignee for the benefit of creditors performing the
functions of an assignee.