Amended  IN  Senate  April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1160

Introduced by Senator Portantino

February 14, 2024

An act to add Division 4.7 (commencing with Section 25285) to Title 4 of Part 6 of the Penal Code, relating to firearms, and making an appropriation therefor. amend Section 26350 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1160, as amended, Portantino. Firearms: annual registration of firearms. Firearms.
Existing law, subject to exceptions, makes it a misdemeanor to openly carry an exposed and unloaded handgun in a public place. Existing law generally makes that crime punishable by imprisonment in the county jail for up to 6 months, or by a fine not to exceed $1,000. Existing law, if the exposed and unloaded handgun is being carried in a public place or public street in an incorporated city, makes that crime punishable by imprisonment in the county jail for up to one year or by a fine not to exceed $1,000 if the handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person and the person is not in lawful possession of the handgun.
This bill would extend that increased punishment to also apply if the person with immediate possession of the handgun and unexpended ammunition capable of being discharged from that handgun is not listed with the Department of Justice as the registered owner of that firearm, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the sale or transfer of any firearm to be processed through a licensed firearms dealer. Existing law requires a licensed firearms dealer to record specified information regarding each firearm sale or transfer and to submit that information to the Department of Justice. Existing law requires the Department of Justice to maintain keep and maintain this and other specified information relating to firearms within the state.

This bill would require every firearm in the state, except those specifically exempted, to be annually registered with the department. The bill would require the registrant to annually pay a fee, as specified, to be deposited into a special fund that is continuously appropriated to the department for the express purpose of carrying out the administration and enforcement of the firearm registry. The bill would require the department to establish and maintain a system for the annual registration of firearms and would require the department to make registration information available to other law enforcement agencies, as specified. The bill would require the department to make reasonable efforts to notify firearms dealers, firearm owners, and the general public regarding registration requirements.

This bill would specify that registration shall not be deemed evidence that the registrant is lawfully permitted to own or possess the registered firearm nor that they are the lawful owner of the firearm. The bill would also, consistent with existing federal law, prohibit the use of certain federal records in establishing or enforcing the registry.

This bill would prohibit possession of an unregistered firearm, a violation of which would be punishable as an infraction.

By creating a new infraction, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 26350 of the Penal Code is amended to read:

26350.
 (a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her their person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her their person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
(2) A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist:
(A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.
(B) Either of the following apply:

(B)

(1) The person is not in lawful possession of that handgun.
(2) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that handgun.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) 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 law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Division 4.7 (commencing with Section 25285) is added to Title 4 of Part 6 of the Penal Code, to read:
4.7.Annual Registration of Firearms
25285.

As used in this division, unless the context otherwise requires, the following terms have the following meanings:

(a)“Antique firearm” has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code.

(b)“Department” means the Department of Justice.

(c)“Firearm” has the same meaning as in subdivision (a) of Section 16520.

25286.

(a)Except as specifically exempted in Section 25288, every firearm that is kept in this state shall be annually registered with the department by the owner of that firearm as required in this division.

(b)Annual registration shall be accomplished in a manner and form prescribed by the department.

(c)Annual registration shall include the payment of an initial or renewal registration fee in an amount determined by the department.

(d)The department shall establish and collect the original and annual renewal fees for firearm registration required by this division. These fees shall not exceed the amount necessary to cover the costs incurred in the administration and enforcement of this division. The department shall annually adjust these fees as necessary.

(e)Fees collected pursuant to this section shall be placed in the Firearm Registration Account which is hereby established. Moneys in this account shall be continuously appropriated to the department for the sole use of the administration and enforcement of this division.

25287.

(a)Any person choosing not to register a firearm they own may surrender the firearm to any local law enforcement agency.

(b)A firearm surrendered pursuant to this section shall, for purposes of this part, be deemed a nuisance and is subject to the provisions of Sections 18000 and 18005.

25288.

The following firearms are exempted from the registration required by this division:

(a)Any firearm owned by any department or agency of the state or of any political subdivision thereof, that employs any peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. This exemption does not include any firearm personally owned by any peace officer employed by these entities.

(b)Any firearm owned by any department or agency of the federal government. This exemption does not include any firearm personally owned by any employee or appointee of these entities.

(c)Any firearm owned by the Armed Forces of the United States, California National Guard, or California State Guard. This exemption does not include any firearm personally owned by a member of these entities.

(d)Any antique firearm.

25289.

(a)The department shall, by no later than April 1, 2025, establish and maintain a system for the annual registration of firearms held in the state.

(b)The form and manner of registration shall be determined by the department.

(c)The department shall make reasonable efforts to notify firearms dealers, firearm owners of record, and the general public of the registration requirement.

(d)The department may enact regulations to carry out the provisions of this division.

25290.

The department shall establish the Registered Firearm File, a searchable database of registered firearms that shall be made available through the California Law Enforcement Telecommunications System for legitimate law enforcement purposes.

25291.

Commencing on July 1, 2025, any person who owns, possesses, or has custody or control over any firearm subject to registration pursuant to this division that is not currently registered is guilty of an infraction punishable by a fine of one thousand dollars ($1,000).

25292.

Pursuant to Section 926 of Title 18 of United States Code, the department shall not use any records described in that section for the establishment, maintenance, or enforcement of the system of firearm registration established by this division.

25293.

Registration pursuant to this division shall not be deemed evidence either that the registrant is legally permitted to own or possess a firearm or is the legal owner of the registered firearm.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.