AB 538, as amended, Pan. Firearms.
(1) Existing law, subject to specified exceptions, makes it a crime to openly carry an exposed, unloaded handgun outside a vehicle in specified public places. Existing law exempts from this crime, in part, the open carrying of an unloaded handgun at an auction or similar event for a nonprofit public benefit or mutual benefit corporation, if the handgun is to be auctioned or sold for the nonprofit public benefit or mutual benefit corporation, and the handgun is delivered by a person licensed by existing law.
This bill would make technical, nonsubstantive changes to these provisions.
(2) Existing law, subject to specified exceptions, including use by a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges while the members are using handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range, makes it a crime for a person to carry an unloaded firearm that is not a handgun outside a vehicle while in an incorporated city or city and county.
This bill would clarify that the exception applies to members of a shooting organization while the members are using firearms that are not handguns upon the target ranges and would make additional technical changes.
(3) Existing law prohibits a person from selling, leasing, or transferring a firearm unless the person is issued a license. Existing law provides for specified exemptions to that licensing requirement, including the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer or retiring peace officer, as specified.
This bill would also exempt from the licensing requirement the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, to a licensed firearms dealer, a wholesaler, or a licensed manufacturer or importer of firearms or ammunition, if specified requirements are met.
(4) Existing law imposes various other restrictions on the sale, delivery, or transfer of firearms. Existing law excludes from those provisions the sale, delivery, or transfer of firearms made to an authorized law enforcement representative of a city, county, city and county, or of the state or federal government for exclusive use by that governmental agency, if certain conditions are met. Existing law provides that within 10 days of the date a firearm is acquired by the agency, a record shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS).
This bill would require an agency that subsequently destroys that weapon to enter information that the weapon has been destroyed into the AFS via the CLETS within 10 days of destruction.
(5) Existing law provides that when neither party to a firearms transaction holds a dealer’s license, the parties to the transaction are required to complete the sale, loan, or transfer of that firearm through a firearms dealer, except as specified.
This bill would exclude from those provisions the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to a licensed firearms dealer, a wholesaler, or a licensed manufacturer, or importer of firearms or ammunition.
(6) Existing law requires the register or record of an electronic or telephonic transfer of a firearm to include specified information, including information on certain waiting period exemptions, including a dealer waiting period exemption, and requires the firearms dealer to record on the register or record the date that the firearm is delivered. A violation of those provisions is a misdemeanor.
This bill instead would require the register or record to include any applicable waiting period exemption information. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also require the register or record to include a statement that the Department of Justice shall furnish the purchaser with any information reported to the department relating to the purchaser’s ownership of the firearm, that the purchaser is entitled to file a report of his or her acquisition of the firearm, and of instructions for accessing the department’s Internet Web site for more information. The bill would require the firearms dealer to record his or her signature indicating delivery of the firearm, and would require the purchaser to sign the register or record on the date that the firearm is delivered to the purchaser.
(7) Existing law requires the purchaser of a firearm to present evidence to the dealer of the person’s identity and age, and requires the transaction to be recorded by the dealer in a register or record of telephonic or electronic transfer. Existing law requires a dealer, upon request only, to provide a copy of the register or record of the transaction to the purchaser, and, for a private party transaction, requires the dealer, upon request, to provide the seller or purchaser with a copy of the register or record, as specified.
This bill instead would require the dealer to provide a copy of those documents to the purchaser at the time of delivery of the firearm after the dealer notes the date of delivery and the dealer and purchaser acknowledge the receipt of the firearm. The bill, for private party transactions, would require the dealer to provide a copy of the register or record to the seller at the time that the register or record is signed by the seller.
(8) Existing law prohibits a person from purchasing or receiving a handgun, except an antique firearm, without a valid handgun safety certificate, and further prohibits a person from selling, delivering, loaning, or transferring a handgun to a person who does not possess a valid handgun safety certificate, except as specified.
This bill would exclude the sale, delivery, or transfer of a firearm by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to one of specified persons and entities.
(9) The bill would make conforming changesbegin delete, and would make a technical, nonsubstantive change to provisions relating to the delivery of a firearm to the California State Military Museum and Resources Centerend delete.
(10) 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 26384 of the Penal Code is amended to
2read:
Paragraph (1) of subdivision (a) of Section 26350 does
4not apply to, or affect, the open carrying of an unloaded handgun
5if all of the following conditions are satisfied:
6(a) The open carrying occurs at an auction or similar event of
7a nonprofit public benefit or mutual benefit corporation, at which
8firearms are auctioned or otherwise sold to fund the activities of
9that corporation or the local chapters of that corporation.
10(b) The unloaded handgun is to be auctioned or otherwise sold
11for that nonprofit public benefit or mutual benefit corporation.
12(c) The unloaded handgun is to be delivered by
a person licensed
13pursuant to, and operating in accordance with, Sections 26700 to
14
26915, inclusive.
Section 26405 of the Penal Code is amended to read:
Section 26400 does not apply to, or affect, the carrying
17of an unloaded firearm that is not a handgun in any of the following
18circumstances:
19(a) By a person when carried within a place of business, a place
20of residence, or on private real property, if that person, by virtue
21of subdivision (a) of Section 25605, may carry a firearm within
P5 1that place of business, place of residence, or on that private real
2property owned or lawfully occupied by that person.
3(b) By a person when carried within a place of business, a place
4of residence, or on private real property, if done with the
5permission of a person who, by virtue of subdivision (a) of Section
625605,
may carry a firearm within that place of business, place of
7residence, or on that private real property owned or lawfully
8occupied by that person.
9(c) When the firearm is either in a locked container or encased
10and it is being transported directly between places where a person
11is not prohibited from possessing that firearm and the course of
12travel shall include only those deviations between authorized
13locations as are reasonably necessary under the circumstances.
14(d) If the person possessing the firearm reasonably believes that
15he or she is in grave danger because of circumstances forming the
16basis of a current restraining order issued by a court against another
17person or persons who has or have been found to pose a threat to
18his or her life or safety. This subdivision may not apply
when the
19circumstances involve a mutual restraining order issued pursuant
20to Division 10 (commencing with Section 6200) of the Family
21Code absent a factual finding of a specific threat to the person’s
22life or safety. Upon a trial for violating Section 26400, the trier of
23fact shall determine whether the defendant was acting out of a
24reasonable belief that he or she was in grave danger.
25(e) By a peace officer or an honorably retired peace officer if
26that officer may carry a concealed firearm pursuant to Article 2
27(commencing with Section 25450) of Chapter 2, or a loaded firearm
28pursuant to Article 3 (commencing with Section 25900) of Chapter
293.
30(f) By a person to the extent that person may openly carry a
31loaded firearm that is not a handgun pursuant to Article 4
32(commencing
with Section 26000) of Chapter 3.
33(g) As merchandise by a person who is engaged in the business
34of manufacturing, importing, wholesaling, repairing, or dealing in
35firearms and who is licensed to engage in that business, or the
36authorized representative or authorized agent of that person, while
37engaged in the lawful course of the business.
38(h) By a duly authorized military or civil organization, or the
39members thereof, while parading or while rehearsing or practicing
40parading, when at the meeting place of the organization.
P6 1(i) By a member of a club or organization organized for the
2purpose of practicing shooting at targets upon established target
3ranges, whether public or private, while the members are using
4firearms that
are not handguns upon the target ranges or incident
5to the use of a firearm that is not a handgun at that target range.
6(j) By a licensed hunter while engaged in hunting or while
7transporting that firearm when going to or returning from that
8hunting expedition.
9(k) Incident to transportation of a handgun by a person operating
10a licensed common carrier, or by an authorized agent or employee
11thereof, when transported in conformance with applicable federal
12law.
13(l) By a member of an organization chartered by the Congress
14of the United States or a nonprofit mutual or public benefit
15corporation organized and recognized as a nonprofit tax-exempt
16organization by the Internal Revenue Service while on official
17parade
duty or ceremonial occasions of that organization or while
18rehearsing or practicing for official parade duty or ceremonial
19occasions.
20(m) Within a gun show conducted pursuant to Article 1
21(commencing with Section 27200) and Article 2 (commencing
22with Section 27300) of Chapter 3 of Division 6.
23(n) Within a school zone, as defined in Section 626.9, with the
24written permission of the school district superintendent, the
25superintendent’s designee, or equivalent school authority.
26(o) When in accordance with the provisions of Section 171b.
27(p) By a person while engaged in the act of making or attempting
28to make a lawful arrest.
29(q) By a person engaged in firearms-related activities, while on
30the premises of a fixed place of business that is licensed to conduct
31and conducts, as a regular course of its business, activities related
32to the sale, making, repair, transfer, pawn, or the use of firearms,
33or related to firearms training.
34(r) By an authorized participant in, or an authorized employee
35or agent of a supplier of firearms for, a motion picture, television,
36or video production or entertainment event, when the participant
37lawfully uses that firearm as part of that production or event, as
38part of rehearsing or practicing for participation in that production
39or event, or while the participant or authorized employee or agent
P7 1is at that production or event, or rehearsal or practice for that
2production or event.
3(s) Incident to obtaining an identification number or mark
4assigned for that firearm from the Department of Justice pursuant
5to Section 23910.
6(t) At an established public target range while the person is
7using that firearm upon that target range.
8(u) By a person when that person is summoned by a peace
9officer to assist in making arrests or preserving the peace, while
10the person is actually engaged in assisting that officer.
11(v) Incident to any of the following:
12(1) Complying with Section 27560 or 27565, as it pertains to
13that firearm.
14(2) Section 28000, as it pertains to that firearm.
15(3) Section 27850 or 31725, as it pertains to that firearm.
16(4) Complying with Section 27870 or 27875, as it pertains to
17that firearm.
18(5) Complying with Section 27915, 27920, or 27925, as it
19pertains to that firearm.
20(w) Incident to, and in the course and scope of, training of, or
21by an individual to become a sworn peace officer as part of a course
22of study approved by the Commission on Peace Officer Standards
23and Training.
24(x) Incident to, and in the course and scope of, training of, or
25by an individual to become licensed pursuant to Chapter 4
26(commencing with Section 26150) as part of a course of
study
27necessary or authorized by the person authorized to issue the
28license pursuant to that chapter.
29(y) Incident to and at the request of a sheriff, chief, or other
30head of a municipal police department.
31(z) If all of the following conditions are satisfied:
32(1) The open carrying occurs at an auction or similar event of
33a nonprofit public benefit or mutual benefit corporation at which
34firearms are auctioned or otherwise sold to fund the activities of
35that corporation or the local chapters of that corporation.
36(2) The unloaded firearm that is not a handgun is to be auctioned
37or otherwise sold for that nonprofit public benefit or mutual benefit
38corporation.
P8 1(3) The unloaded firearm that is not a handgun is to be delivered
2by a person licensed pursuant to, and operating in accordance with,
3Sections 26700 to 26915, inclusive.
4(aa) Pursuant to paragraph (3) of subdivision (b) of Section
5171c.
6(ab) Pursuant to Section 171d.
7(ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision
8(c) of Section 171.7.
9(ad) On publicly owned land, if the possession and use of an
10unloaded firearm that is not a handgun is specifically permitted
11by the managing agency of the land and the person carrying that
12firearm is in lawful possession of that firearm.
13(ae) By any of the following:
14(1) The carrying of an unloaded firearm that is not a handgun
15that is regulated pursuant to Chapter 1 (commencing with Section
1618710) of Division 5 of Title 2 by a person who holds a permit
17issued pursuant to Article 3 (commencing with Section 18900) of
18that chapter, if the carrying of that firearm is conducted in
19accordance with the terms and conditions of the permit.
20(2) The carrying of an unloaded firearm that is not a handgun
21that is regulated pursuant to Chapter 2 (commencing with Section
2230500) of Division 10 by a person who holds a permit issued
23pursuant to Section 31005, if the carrying of that firearm is
24conducted in accordance with the terms and conditions of the
25permit.
26(3) The carrying of an unloaded firearm that is not a handgun
27that is regulated pursuant to Chapter 6 (commencing with Section
2832610) of Division 10 by a person who holds a permit issued
29pursuant to Section 32650, if the carrying of that firearm is
30conducted in accordance with the terms and conditions of the
31permit.
32(4) The carrying of an unloaded firearm that is not a handgun
33that is regulated pursuant to Article 2 (commencing with Section
3433300) of Chapter 8 of Division 10 by a person who holds a permit
35issued pursuant to Section 33300, if the carrying of that firearm is
36conducted in accordance with the terms and conditions of the
37permit.
38(af) By a licensed hunter while actually engaged in training a
39dog for
the purpose of using the dog in hunting that is not
P9 1prohibited by law, or while transporting the firearm while going
2to or returning from that training.
3(ag) Pursuant to the provisions of subdivision (d) of Section
4171.5.
5(ah) By a person who is engaged in the business of
6manufacturing ammunition and who is licensed to engage in that
7business, or the authorized representative or authorized agent of
8that person, while the firearm is being used in the lawful course
9and scope of the licensee’s activities as a person licensed pursuant
10to Chapter 44 (commencing with Section 921) of Title 18 of the
11United States Code and regulations issued pursuant thereto.
12(ai) On the navigable waters of this state that are held in public
13trust,
if the possession and use of an unloaded firearm that is not
14a handgun is not prohibited by the managing agency thereof and
15the person carrying the firearm is in lawful possession of the
16firearm.
Section 26620 is added to the Penal Code, to read:
Section 26500 does not apply to the sale, delivery, or
19transfer of a firearm when made by an authorized law enforcement
20representative of a city, county, city and county, or of the state or
21federal government, if both of the following requirements are met:
22(a) The sale, delivery, or transfer is made to one of the following:
23(1) A person licensed pursuant to Sections 26700 to 26915,
24inclusive.
25(2) A wholesaler.
26(3) A manufacturer or importer of firearms or ammunition
27licensed to engage in that business
pursuant to Chapter 44
28(commencing with Section 921) of Title 18 of the United States
29Code and the regulations issued pursuant thereto.
30(b) The sale, delivery, or transfer of the firearm is not subject
31to the procedures set forth in Section 18000, 18005, 34000, or
3234005.
Section 27600 of the Penal Code is amended to read:
(a) Article 1 (commencing with Section 27500) does
35not apply to any sale, delivery, or transfer of firearms made to an
36authorized law enforcement representative of any city, county,
37city and county, or state, or of the federal government, for exclusive
38use by that governmental agency if, prior to the sale, delivery, or
39transfer of these firearms, written authorization from the head of
P10 1the agency authorizing the transaction is presented to the person
2from whom the purchase, delivery, or transfer is being made.
3(b) Proper written authorization is defined as verifiable written
4certification from the head of the agency by which the purchaser
5or transferee is employed, identifying the employee
as an individual
6authorized to conduct the transaction, and authorizing the
7
transaction for the exclusive use of the agency by which that person
8is employed.
9(c) Within 10 days of the date a firearm is acquired by the
10agency, a record of the same shall be entered as an institutional
11weapon into the Automated Firearms System (AFS) via the
12California Law Enforcement Telecommunications System
13(CLETS) by the law enforcement or state agency. Any agency
14without access to the AFS shall arrange with the sheriff of the
15county in which the agency is located to input this information via
16this system.
17(d) Any agency that is the registered owner of an institutional
18weapon in accordance with subdivision (c) that subsequently
19destroys that weapon shall enter information that the weapon has
20been destroyed into the Automated Firearms System (AFS)
via
21the California Law Enforcement Telecommunications System
22(CLETS) within 10 days of the destruction in accordance with
23procedures prescribed by the Department of Justice. Any agency
24without access to the AFS shall arrange with the sheriff of the
25county in which the agency is located to input this information via
26this system.
Section 27620 is added to the Penal Code, to read:
Section 27545 does not apply to the sale, delivery, or
29transfer of a firearm when made by an authorized law enforcement
30representative of a city, county, city and county, or of the state or
31federal government, if all of the following conditions are met:
32(a) The sale, delivery, or transfer is made to one of the following:
33(1) A person licensed pursuant to Sections 26700 to 26915,
34inclusive.
35(2) A wholesaler.
36(3) A manufacturer or importer of firearms or ammunition
37licensed to engage in that business pursuant
to Chapter 44
38(commencing with Section 921) of Title 18 of the United States
39Code and the regulations issued pursuant thereto.
P11 1(b) The sale, delivery, or transfer of the firearm is not subject
2to the procedures set forth in Section 18000, 18005, 34000, or
334005.
4(c) (1) Except as provided in paragraph (2), if the sale, delivery,
5or transfer is of a handgun, on the date that the handgun is delivered
6pursuant to this subdivision, by the agency, a record of the delivery
7has been entered into the Automated Firearms System (AFS) via
8the California Law Enforcement Telecommunications System
9(CLETS) by the law enforcement or state agency. Those agencies
10without access to the AFS shall arrange with the sheriff of the
11county in which the agency is located to input
this information via
12this system.
13(2) If the firearm was initially registered with the Department
14of Justice by the agency as an institutional weapon or otherwise,
15on the date that the weapon is delivered pursuant to this section
16by the agency, a record of the delivery has been entered into the
17AFS via the CLETS by the law enforcement or state agency. Those
18agencies without access to the AFS shall arrange with the sheriff
19of the county in which the agency is located to input this
20information via this system.
Section 28000 of the Penal Code is amended to read:
A person who is exempt from Section 27545 or is
23otherwise not required by law to report acquisition, ownership,
24destruction, or disposal of a firearm, or who moves out of this state
25with the person’s firearm, may report that information to the
26Department of Justice in a format prescribed by the department.
Section 28160 of the Penal Code is amended to read:
(a) For all firearms, the register or record of electronic
29transfer shall include all of the following information:
30(1) The date and time of sale.
31(2) The make of firearm.
32(3) Peace officer exemption status pursuant to the provisions
33listed in subdivision (c) of Section 16585, and the agency name.
34(4) Any applicable waiting period exemption information.
35(5) California Firearms Dealer number issued pursuant to Article
361 (commencing with Section 26700)
of Chapter 2.
37(6) For transactions occurring on or after January 1, 2003, the
38purchaser’s handgun safety certificate number issued pursuant to
39Article 2 (commencing with Section 31610) of Chapter 4 of
40Division 10 of this title, or pursuant to former Article 8
P12 1(commencing with Section 12800) of Chapter 6 of Title 2 of Part
24, as that article read at any time from when it became operative
3on January 1, 2003, to when it was repealed by the Deadly
4Weapons Recodification Act of 2010.
5(7) Manufacturer’s name if stamped on the firearm.
6(8) Model name or number, if stamped on the firearm.
7(9) Serial number, if applicable.
8(10) Other number, if more than one serial number is stamped
9on the firearm.
10(11) Any identification number or mark assigned to the firearm
11pursuant to Section 23910.
12(12) If the firearm is not a handgun and does not have a serial
13number, identification number, or mark assigned to it, a notation
14as to that fact.
15(13) Caliber.
16(14) Type of firearm.
17(15) If the firearm is new or used.
18(16) Barrel length.
19(17) Color of the firearm.
20(18) Full name of purchaser.
21(19) Purchaser’s complete date of birth.
22(20) Purchaser’s local address.
23(21) If current address is temporary, complete permanent address
24of purchaser.
25(22) Identification of purchaser.
26(23) Purchaser’s place of birth (state or country).
27(24) Purchaser’s complete telephone number.
28(25) Purchaser’s occupation.
29(26) Purchaser’s gender.
30(27) Purchaser’s physical description.
31(28) All legal names and aliases ever used by the purchaser.
32(29) Yes or no answer to questions that prohibit purchase,
33including, but not limited to, conviction of a felony as described
34in Chapter 2 (commencing with Section 29800) or an offense
35described in Chapter 3 (commencing with Section 29900) of
36Division 9 of this title, the purchaser’s status as a person described
37in Section 8100 of the Welfare and Institutions Code, whether the
38purchaser is a person who has been adjudicated by a court to be a
39danger to others or found not guilty by reason of insanity, and
40whether the purchaser is a person who has been found incompetent
P13 1to stand trial or placed under conservatorship by
a court pursuant
2to Section 8103 of the Welfare and Institutions Code.
3(30) Signature of purchaser.
4(31) Signature of salesperson, as a witness to the purchaser’s
5signature.
6(32) Salesperson’s certificate of eligibility number, if the
7salesperson has obtained a certificate of eligibility.
8(33) Name and complete address of the dealer or firm selling
9the firearm as shown on the dealer’s license.
10(34) The establishment number, if assigned.
11(35) The dealer’s complete business telephone number.
12(36) Any information required by Chapter 5 (commencing with
13Section 28050).
14(37) Any information required to determine whether subdivision
15(f) of Section 27540 applies.
16(38) A statement of the penalties for signing a fictitious name
17or address, knowingly furnishing any incorrect information, or
18knowingly omitting any information required to be provided for
19the register.
20(39) A statement informing the purchaser, after his or her
21
ownership of a firearm, of all of the following:
22(A) Upon his or her application, the Department of Justice shall
23furnish him or her any information reported to the department as
24it relates to his or her ownership of that firearm.
25(B) The purchaser is entitled to file a report of his or her
26acquisition, disposition, or ownership of a firearm with the
27department pursuant to Section 28000.
28(C) Instructions for accessing the department’s Internet Web
29site for more information.
30(b) The purchaser shall provide the purchaser’s right thumbprint
31on the register in a manner prescribed by the department. No
32exception to this requirement shall be permitted
except by
33regulations adopted by the department.
34(c) The firearms dealer shall record on the register or record of
35electronic transfer the date that the firearm is delivered, together
36with the firearm dealer’s signature indicating delivery of the
37firearm.
38(d) The purchaser shall sign the register or the record of
39electronicbegin delete or telephonicend delete transfer on the date that the firearm is
40delivered to him or her.
Section 28210 of the Penal Code is amended to read:
(a) (1) Where the register is used, the purchaser of
3any firearm shall be required to present to the dealer clear evidence
4of the person’s identity and age.
5(2) The dealer shall require the purchaser to sign the purchaser’s
6current legal name and affix the purchaser’s residence address and
7date of birth to the register in quadruplicate.
8(3) The salesperson shall sign the register in quadruplicate, as
9a witness to the signature and identification of the purchaser.
10(b) Any person furnishing a fictitious name or address,
11knowingly furnishing any
incorrect information, or knowingly
12omitting any information required to be provided for the register
13shall be punished as provided in Section 28250.
14(c) (1) The original of the register shall be retained by the dealer
15in consecutive order.
16(2) Each book of 50 originals shall become the permanent
17register of transactions, which shall be retained for not less than
18three years from the date of the last transaction.
19(3) Upon presentation of proper identification, the permanent
20register of transactions shall be available for inspection by any
21peace officer, Department of Justice employee designated by the
22Attorney General, or agent of the federal Bureau of Alcohol,
23Tobacco, Firearms and Explosives. Until
January 1, 2014, no
24information shall be compiled therefrom regarding the purchasers
25or other transferees of firearms that are not handguns.
26(d) On the date of the application to purchase, two copies of the
27original sheet of the register shall be placed in the mail, postage
28prepaid, and properly addressed to the Department of Justice.
29(e) (1) A photocopy of the register shall be provided to the
30purchaser by the dealer at the time of delivery of the firearm and
31after the dealer notes the date of delivery and the purchaser
32acknowledges the receipt of the firearm.
33(2) The requirements of this subdivision apply if a dealer is
34delivering a firearm pursuant to Section 27540 or Chapter 5
35(commencing with
Section 28050).
36(f) If the transaction is a private party transfer conducted
37pursuant to Chapter 5 (commencing with Section 28050), a
38photocopy of the original shall be provided to the seller by the
39dealer at the time the register is signed by the seller. The dealer
40shall redact all of the purchaser’s personal information, as required
P15 1pursuant to subdivision (a) of Section 28160 and subdivision (a)
2of Section 28165, from the seller’s copy, and the seller’s personal
3information from the purchaser’s copy.
Section 28215 of the Penal Code is amended to read:
(a) (1) Where the electronic or telephonic transfer of
6applicant information is used, the purchaser shall be required to
7present to the dealer clear evidence of the person’s identity and
8age.
9(2) The dealer shall require the purchaser to sign the purchaser’s
10current legal name to the record of electronic or telephonic transfer.
11(3) The salesperson shall sign the record of electronic or
12telephonic transfer, as a witness to the signature and identification
13of the purchaser.
14(b) Any person furnishing a fictitious name or address,
15knowingly
furnishing any incorrect information, or knowingly
16omitting any information required to be provided for the electronic
17or telephonic transfer shall be punished as provided in Section
1828250.
19(c) (1) The original of each record of electronic or telephonic
20transfer shall be retained by the dealer in consecutive order.
21(2) Each original shall become the permanent record of the
22transaction, which shall be retained for not less than three years
23from the date of the last transaction.
24(3) Upon presentation of proper identification, the permanent
25record of the transaction shall be provided for inspection by any
26peace officer, Department of Justice employee designated by the
27Attorney General, or agent of the
federal Bureau of Alcohol,
28Tobacco, Firearms and Explosives.
29(d) On the date of the application to purchase, the record of
30applicant information shall be transmitted to the Department of
31Justice by electronic or telephonic transfer.
32(e) (1) A copy of the record of electronic or telephonic transfer
33shall be provided to the purchaser by the dealer at the time of
34delivery of the firearm and after the dealer notes the date of
35delivery and the purchaser acknowledges the receipt of the firearm.
36(2) The requirements of this subdivision apply if a dealer is
37delivering a firearm pursuant to Section 27540 or Chapter 5
38(commencing with Section 28050).
39(f) If the transaction is a private party transfer conducted
40pursuant to Chapter 5 (commencing with Section 28050), a copy
P16 1shall be provided to the seller by the dealer at the time the record
2of electronic or telephonic transfer is signed by the seller. The
3dealer shall redact all of the purchaser’s personal information, as
4required pursuant to subdivision (a) of Section 28160 and
5subdivision (a) of Section 28165, from the seller’s copy, and the
6seller’s personal information from the purchaser’s copy.
Section 31835 is added to the Penal Code, to read:
Subdivision (a) of Section 31615 does not apply to the
9delivery, sale, or transfer of firearms when made by authorized
10law enforcement representatives for cities, counties, cities and
11counties, or of the state or federal government, if all of the
12following conditions are met:
13(a) The sale, delivery, or transfer is made to one of the persons
14or entities identified in subdivision (a) of Section 26620.
15(b) The sale, delivery, or transfer of the firearm is not subject
16to the procedures set forth in Section 18000, 18005, 34000, or
1734005.
18(c) The sale, delivery, or
transfer of the firearm follows the
19procedures set forth in subdivision (c) of Section 26620.
Section 34005 of the Penal Code is amended to read:
(a) (1) An officer having custody of any firearm that
22may be useful to the California National Guard, the Coast Guard
23Auxiliary, or to any military or naval agency of the federal or state
24government, including, but not limited to, the State Military
25Museum and Resource Center, may, upon the authority of the
26legislative body of the city, city and county, or county by which
27the officer is employed and the approval of the Adjutant General,
28deliver the firearm to the commanding officer of a unit of the
29California National Guard, the Coast Guard Auxiliary, or any other
30military agency of the state or federal government, in lieu of
31destruction as required by any of the provisions listed in Section
3216580.
33(2) The officer delivering a firearm pursuant to this subdivision
34shall take a receipt for it, which contains a complete description
35of the firearm, and shall keep the receipt on file in his or her office
36as a public record.
37(b) Any law enforcement agency that has custody of any
38firearms, or any parts of any firearms, which are subject to
39destruction as required by any of the provisions listed in Section
4016580, may, in lieu of destroying the weapons, retain and use any
P17 1of them as may be useful in carrying out the official duties of the
2agency. Alternatively, upon approval of a court, the agency may
3do either of the following:
4(1) Release the weapons to any other law enforcement agency
5for use in carrying out the
official duties of that agency.
6(2) Turn over to the criminalistics laboratory of the Department
7of Justice or the criminalistics laboratory of a police department,
8sheriff’s office, or district attorney’s office, any weapons that may
9be useful in carrying out the official duties of the respective
10agencies.
11(c) (1) Any firearm, or part of any firearm, which, rather than
12being destroyed, is used for official purposes pursuant to this
13section, shall be destroyed by the agency using the weapon when
14it is no longer needed by the agency for use in carrying out its
15official duties.
16(2) Firearms or weaponry donated to the
State Military Museum
17and Resource Center may be disposed of pursuant to Section 179
18of the Military and Veterans Code.
19(d) (1) Any law enforcement agency that has custody of any
20firearms, or any parts of any firearms, which are subject to
21destruction as required by any of the provisions listed in Section
2216580, may, in lieu of destroying the firearms, obtain an order
23from the superior court directing the release of the firearms to the
24sheriff.
25(2) The sheriff shall enter those weapons into the Automated
26Firearms System (AFS), via the California Law Enforcement
27Telecommunications System, with a complete description of each
28weapon, including the make, type, category, caliber, and serial
29number of the firearms, and the name of the academy
receiving
30the weapon entered into the AFS miscellaneous field.
31(3) The sheriff shall then release the firearms to the basic
32training academy certified by the Commission on Peace Officer
33Standards and Training, so that the firearms may be used for
34instructional purposes in the certified courses. All firearms released
35to an academy shall be under the care, custody, and control of the
36particular academy.
37(4) Any firearm, or part of any firearm, which is not destroyed,
38and is used for the purposes authorized by this section, shall be
39returned to the law enforcement agency that had original custody
40of the firearm when it is no longer needed by the basic training
P18 1academy, or when the basic training academy is no longer certified
2by the commission.
3(5) When those firearms are returned, the law enforcement
4agency to which the firearms are returned, shall on the date of the
5return, enter into the Automated Firearms System (AFS), via the
6California Law Enforcement Telecommunications System, a
7complete description of each weapon, including the make, type,
8category, caliber, and serial number of the firearms, and the name
9of the entity returning the firearm.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
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