LEGISLATIVE COUNSEL'S DIGEST

AB 693, as introduced, Irwin. Firearms.

Existing law generally requires that a firearms transaction be conducted through a licensed firearms dealer. Existing law provides various exceptions to this requirement, including for firearms sold or transferred to an authorized law enforcement representative for use by the law enforcement agency.

This bill would exempt the loan of a firearm from the requirement that the transaction be conducted through a dealer if the loan is made to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.

Existing law, as amended by the Safety for All Act of 2016, approved by voters as Proposition 63 at the November 8, 2016, statewide general election, generally prohibits the possession of a large-capacity magazine regardless of the date the magazine was acquired. Existing law makes this prohibition inapplicable to the possession of a large-capacity magazine by a sworn peace officer or federal law enforcement officer who is authorized to carry a firearm in the course and scope of his or her duties. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with and further the intent of the act.

This bill would make the prohibition on large-capacity magazines inapplicable to the sale, gift, or loan of a large-capacity magazine to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, nor to the possession of, or purchase by, the student, for purposes of participation in the course during his or her period of enrollment.

Vote: 55% Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 27970 is added to the Penal Code, to read:

27970.

Section 27545 does not apply to the loan of a firearm if the loan of the firearm is to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.

SEC. 2.

Section 32455 is added to the Penal Code, to read:

32455.

Section 32310 does not apply to the sale, gift, or loan of a large-capacity magazine to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, nor to the possession of, or purchase by, the student, for purposes of participation in the course during his or her period of enrollment. Upon completion of the course the large-capacity magazine shall be disposed of pursuant to subdivision (d) of Section 32310 unless another exemption to Section 32310 applies.