SB 746: Firearms and ammunition: prohibited possession: transfer to licensed dealer.

(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.

This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. The bill would additionally, commencing on July 1, 2020, make these provisions applicable to ammunition feeding devices, as defined, and, in some cases, ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.

(2)Existing law, subject to exceptions, requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided and subject to exceptions, and requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. Existing law specifies that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess, among other things, an assault weapon or a machinegun. A violation of these requirements is a crime.

This bill would require a new resident to the state to apply for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled, or a firearm the resident owns, that does not have a unique serial number. The bill would specify that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture or assemble an unsafe handgun, as defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

(3)This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 1100 to be operative only if this bill and SB 1100 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 33855 of the Penal Code proposed by AB 2222 to be operative only if this bill and AB 2222 are enacted and this bill is enacted last.

(4)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.