SB 1019: Firearms: destruction.

Existing law requires the destruction of certain firearms, in the possession of a law enforcement agency, that have been confiscated, seized, abandoned, unclaimed, or surrendered.

This bill would specify that destruction of a firearm means destroying the firearm in its entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. The bill would also require every law enforcement agency, as defined, to develop and maintain a written policy regarding the destruction of firearms and shall make that policy available on its internet website. The bill would exempt from the requirements to destroy a weapon pursuant to the bills provisions law enforcement agencies that have existing contracts prior to November 1, 2024, with another person or entity for the destruction of firearms if the law enforcement agency would have to breach its existing contract with the other person or entity.

By requiring local law enforcement agencies to follow specified requirements for destruction and to create and maintain a written policy on firearm destruction, this bill would impose a state-mandated local program.

Existing law requires certain officers who possess firearms that were exhibits in a criminal proceeding that were left unclaimed for at least 180 days to destroy the firearm, as specified.

This bill would exempt firearms that were stolen or used without the prior knowledge of their lawful owner and that are possessed by a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate.

This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by AB 2739 and AB 2842 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.