CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2817

Introduced by Assembly Member Santiago

February 16, 2018

An act to amend Section 31615 of, and to add Section 27980 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2817, as introduced, Santiago. Firearms: emergency transfers.
Existing law requires the transfer of a firearm, including the loan of a firearm, to be conducted through a licensed dealer, except as exempted. Existing law requires a dealer processing the transfer of a firearm to, among other requirements and subject to certain exemptions, hold the firearm for a specified period of time before transfer, obtain a background check of the person receiving the firearm, and report the transfer to the Department of Justice. Existing law also requires a person purchasing or receiving a firearm to possess a firearm safety certificate or handgun safety certificate.
This bill would exempt from the above provisions the temporary transfer of a firearm that is voluntarily made for the purpose of preventing a suicide attempt using that firearm, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 27980 is added to the Penal Code, to read:

27980.
 (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is voluntarily and temporarily transferred to another person who is 21 years of age or older, for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to his or her residence or when returning it to the transferor, keeps the firearm unloaded and secured in his or her residence in one of the following ways:
(A) Secured in a locked container.
(B) Disabled by a firearm safety device.
(C) Secured within a locked gun safe.
(D) Locked with a locking device as described in Section 16860 that has rendered the firearm inoperable.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) Section 31615 shall not apply to a transfer made pursuant to this section.
(c) This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.

SEC. 2.

 Section 31615 of the Penal Code is amended to read:

31615.
 (a) A person shall not do either of the following:
(1) Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(2) Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(b) Any person who violates subdivision (a) is guilty of a misdemeanor.
(c) 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 different provisions of this code shall not be punished under more than one provision.

(d)This section shall become operative on January 1, 2015.

(d) This section does not apply to a transfer made pursuant to Section 27980.