Amended  IN  Assembly  June 12, 2024
Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 03, 2024
Amended  IN  Senate  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1253

Introduced by Senator Gonzalez

February 15, 2024

An act to add Section 31615.1 to amend Section 31615 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1253, as amended, Gonzalez. Firearms: firearm safety certificates.
Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor.
This bill would require any person moving into the state with a firearm to obtain a firearm safety certificate within 120 days after arriving in the state and prohibit a person from bringing any firearm, except an antique firearm, into this state as a personal firearm importer, as defined, without obtaining a valid firearm safety certificate within 120 days of bringing that firearm into this state and would make a violation of this provision a misdemeanor.
By creating 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 31615.1 is added to the Penal Code, to read:
31615.1.

(a)Within 120 days of bringing any firearm, except an antique firearm, into this state, a personal firearm importer shall obtain a firearm safety certificate.

(b)A violation of this section is punishable as a misdemeanor.

SECTION 1.

 Section 31615 of the Penal Code is amended to read:

31615.
 (a) A person shall not do either any 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.
(3) Bring any firearm, except an antique firearm, into this state as a personal firearm importer, as defined in Section 17000, without obtaining a valid firearm safety certificate within 120 days of bringing that firearm into this state.
(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.

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.