BILL NUMBER: SB 759	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  APRIL 3, 2013

INTRODUCED BY   Senator Nielsen

                        FEBRUARY 22, 2013

   An act to amend Section 34005 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 759, as amended, Nielsen. Firearms: California State Military
Museum and Resource Center.
   Existing law provides that an officer having custody of any
firearm that may be useful to the California National Guard, the
Coast Guard Auxiliary, or to any military or naval agency of the
federal or state government, may, upon the authority of the
legislative body of the city, city and county, or county by which the
officer is employed and the approval of the Adjutant General,
deliver the firearm to the commanding officer of a unit of the
California National Guard, the Coast Guard Auxiliary, or any other
military agency of the state or federal government, including the
California State Military Museum and Resource Center, in lieu of
destruction as otherwise required. Existing law also specifies how
firearms donated to the California State Military Museum and Resource
Center may be disposed of.
   This bill would correct an incorrect reference to the California
State Military Museum and Resource Center in those provisions. 
The bill would authorize donation of firearms to specified branch
museums in addition to the California State Military Museum and
Resource Center, and would also authorize any state agency, county,
municipality, or special purpose district to offer any excess
military weapons or equipment, such as historical war equipment like
artillery, tanks, or armored vehicles, to those museums. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 34005 of the Penal Code is amended to read:
   34005.  (a) (1) An officer having custody of any firearm that may
be useful to the California National Guard, the Coast Guard
Auxiliary, or to any military or naval agency of the federal or state
government, including, but not limited to, the California State
Military Museum and Resource Center,  located in Sacramento, and
at branch museums located at the California National Guard facilities
at Camp Roberts, Camp San Luis Obispo, and Los Alamitos Armed Forces
Reserve Center,  may, upon the authority of the legislative
body of the city, city and county, or county by which the officer is
employed and the approval of the Adjutant General, deliver the
firearm to the commanding officer of a unit of the California
National Guard, the Coast Guard Auxiliary, or any other military
agency of the state or federal government, in lieu of destruction as
required by any of the provisions listed in Section 16580. 
   (2) Any state agency, county, municipality, or special purpose
district may offer any excess military weapons or equipment, such as
historical war equipment like artillery, tanks, or armored vehicles,
to the California State Military Museum and Resource Center or any
branch museum described in paragraph (1).  
   (2) 
    (3)  The officer delivering a firearm pursuant to this
subdivision shall take a receipt for it, which contains a complete
description of the firearm, and shall keep the receipt on file in his
or her office as a public record.
   (b) Any law enforcement agency that has custody of any firearms,
or any parts of any firearms, which are subject to destruction as
required by any of the provisions listed in Section 16580, may, in
lieu of destroying the weapons, retain and use any of them as may be
useful in carrying out the official duties of the agency.
Alternatively, upon approval of a court, the agency may do either of
the following:
   (1) Release the weapons to any other law enforcement agency for
use in carrying out the official duties of that agency.
   (2) Turn over to the criminalistics laboratory of the Department
of Justice or the criminalistics laboratory of a police department,
sheriff's office, or district attorney's office, any weapons that may
be useful in carrying out the official duties of the respective
agencies.
   (c) (1) Any firearm, or part of any firearm, which, rather than
being destroyed, is used for official purposes pursuant to this
section, shall be destroyed by the agency using the weapon when it is
no longer needed by the agency for use in carrying out its official
duties.
   (2) Firearms or weaponry donated to the California State Military
Museum and Resource Center may be disposed of pursuant to Section 179
of the Military and Veterans Code.
   (d) (1) Any law enforcement agency that has custody of any
firearms, or any parts of any firearms, which are subject to
destruction as required by any of the provisions listed in Section
16580, may, in lieu of destroying the firearms, obtain an order from
the superior court directing the release of the firearms to the
sheriff.
   (2) The sheriff shall enter those weapons into the Automated
Firearms System (AFS), via the California Law Enforcement
Telecommunications System, with a complete description of each
weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the academy receiving the
weapon entered into the AFS miscellaneous field.
   (3) The sheriff shall then release the firearms to the basic
training academy certified by the Commission on Peace Officer
Standards and Training, so that the firearms may be used for
instructional purposes in the certified courses. All firearms
released to an academy shall be under the care, custody, and control
of the particular academy.
   (4) Any firearm, or part of any firearm, which is not destroyed,
and is used for the purposes authorized by this section, shall be
returned to the law enforcement agency that had original custody of
the firearm when it is no longer needed by the basic training
academy, or when the basic training academy is no longer certified by
the commission.
   (5) When those firearms are returned, the law enforcement agency
to which the firearms are returned, shall on the date of the return,
enter into the Automated Firearms System (AFS), via the California
Law Enforcement Telecommunications System, a complete description of
each weapon, including the make, type, category, caliber, and serial
number of the firearms, and the name of the entity returning the
firearm.