(1)Existing law requires a peace officer to take temporary custody of any firearm or other deadly weapon discovered at the scene of a domestic violence incident involving a threat to human life or physical assault, when serving a protective order, or when serving a gun violence restraining order. Existing law requires the officer taking custody of the firearm to give the owner a receipt indicating where the firearm or other deadly weapon can be recovered, the time limit for recovery, and the date after which the owner can recover the firearm or other deadly weapon.

This bill would require the receipt to include the name and residential mailing address of the owner of the firearm or other deadly weapon. Because this bill would increase the duties of local law enforcement, it would impose a state-mandated local program.

(2)Existing law prohibits the sale of tear gas or a tear gas weapon to a minor. Notwithstanding this law, existing law allows a minor who has attained 16 years of age to purchase and possess tear gas or a tear gas weapon if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. Existing law requires any civil liability of a minor arising out of the minors use of tear gas or a tear gas weapon other than for self-defense to be imposed upon the person, parent, or guardian who signed the statement of consent.

This bill would impose that civil liability on the parent, guardian, or other person who authorized the provision of tear gas to a minor by signing a statement of consent or accompanying the minor.

(3)This bill would make various technical, nonsubstantive changes.

(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, 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.

(1)Existing law requires a peace officer to take temporary custody of any firearm or other deadly weapon discovered at the scene of a domestic violence incident involving a threat to human life or physical assault, when serving a protective order, or when serving a gun violence restraining order. Existing law requires the officer taking custody of the firearm to give the owner a receipt indicating where the firearm or other deadly weapon can be recovered, the time limit for recovery, and the date after which the owner can recover the firearm or other deadly weapon.

This bill would require the receipt to include the name and residential mailing address of the owner of the firearm or other deadly weapon. Because this bill would increase the duties of local law enforcement, it would impose a state-mandated local program.

(2)Existing law prohibits the sale of tear gas or a tear gas weapon to a minor. Notwithstanding this law, existing law allows a minor who has attained 16 years of age to purchase and possess tear gas or a tear gas weapon if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. Existing law requires any civil liability of a minor arising out of the minors use of tear gas or a tear gas weapon other than for self-defense to be imposed upon the person, parent, or guardian who signed the statement of consent.

This bill would impose that civil liability on the parent, guardian, or other person who authorized the provision of tear gas to a minor by signing a statement of consent or accompanying the minor.

(3)This bill would make various technical, nonsubstantive changes.

(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, 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.

(1)Existing law requires a peace officer to take temporary custody of any firearm or other deadly weapon discovered at the scene of a domestic violence incident involving a threat to human life or physical assault, when serving a protective order, or when serving a gun violence restraining order. Existing law requires the officer taking custody of the firearm to give the owner a receipt indicating that the firearm or other deadly weapon can be recovered, the time limit for recovery, and the date after which the owner can recover the firearm or other deadly weapon.

This bill would require the receipt to include the name and residential mailing address of the owner of the firearm or other deadly weapon. Because this bill would increase the duties of local law enforcement, it would impose a state-mandated local program.

(2)Existing law prohibits the sale of tear gas or a tear gas weapon to a minor. Notwithstanding this law, existing law allows a minor who has attained 16 years of age to purchase and possess tear gas or a tear gas weapon if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. Existing law requires any civil liability of a minor arising out of the minors use of tear gas or a tear gas weapon other than for self-defense to be imposed upon the person, parent, or guardian who signed the statement of consent.

This bill would impose that civil liability on the parent, guardian, or other person who authorized the provision of tear gas to a minor by signing a statement of consent or accompanying the minor.

(3)This bill would make various technical, nonsubstantive changes.

(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, 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.

 CONSENT  

Bill No: AB 2176

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/15/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE JUDICIARY COMMITTEE: 7-0, 6/12/18

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 68-0, 4/12/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: California Law Revision Commission

DIGEST:

This bill (1) imposes receipt requirements for deadly weapons taken by officers, (2) extends civil liability to persons authorizing a minor’s acquisition of tear gas by accompaniment, and (3) makes various technical, non-substantive changes to provisions of law related to deadly weapons.

ANALYSIS:

Existing law:

1. States that, upon taking custody of a firearm or other deadly weapon, the officer shall give the owner or person who possessed the firearm a receipt which would include:
   1. A description of the firearm or other deadly weapon listing any identification or serial number; and
   2. A notice of where the firearm or other deadly weapon can be recovered, the time limit for such recovery, and the date after which it could be recovered. (Pen. Code, § 18255, subds. (a)-(c).)
2. Requires any peace officer who takes custody of a firearm or deadly weapon from an incident involving domestic violence, to deliver it within 24 hours to the city police department or county sheriff’s office. (Pen. Code, § 18260.)
3. Imposes procedural notification requirements on local law enforcement agencies upon receiving a return-of-firearm petition. (Pen. Code, § 18405.)
4. Makes it a misdemeanor for any manufacturer, importer, or distributor of imitation firearms to fail to comply with any applicable federal law or regulation governing toy or imitation firearms. (Pen. Code, § 20155.)
5. Allows a minor 16 years of age or older to purchase and possess tear gas weapons if accompanied by, or given written consent by, a parent or guardian. (Pen. Code, § 22815, subd. (a).)
6. Authorizes persons to sell or furnish tear gas and tear gas weapons to minors who have attained 16 years of age and are accompanied by, or obtained written consent of, a parent or guardian. (Pen. Code, § 22815, subd. (b).)
7. Imposes joint and several liability on those who gave written consent for a minor to acquire tear gas, for any civil liability arising out of the minor’s use of that tear gas. (Pen. Code, § 22815, subd. (c).)
8. Requires each lead law enforcement agency investigating an incident to report any information which reasonably supports a conclusion that:
   1. A child 18 years of age or younger suffered an unintentional or self-inflicted gunshot wound by a firearm sold, transferred, or manufactured in California; or
   2. Whether the child died, suffered serious injury, or was treated by a medical professional for an injury resulting from that incident. (Pen. Code, § 23685)
9. Provides a defense for the offense of carrying a loaded firearm in a public place for an individual who:
   1. Reasonably believes that any individual or property is in immediate, grave danger, and that carrying the weapon is necessary for its preservation; or
   2. Reasonably believes that individual is in grave danger posed by another person against whom a restraining order has been issued finding that the person poses a threat to the life or safety of the possessor of the firearm. States that, “It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.” (Pen. Code, § 26045, subds. (a) & (b).)
10. Imposes specific requirements on firearms dealers when storing firearms during nonbusiness hours, as specified. (Pen. Code, § 26890.)
11. States that a firearm safety certificate test must be administered by a certified instructor. Further provides that if a test taker is unable to read, the examination should then be administered orally; and, if the test taker is unable to read English or Spanish, states that the test may be applied orally. (Pen. Code, § 31640.)
12. Exempts certain persons from firearm safety certificate requirements, as specified. Among those included are, “a secured creditor or agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.” (Pen. Code, § 31700.)
13. Requires any firearm capable of being concealed upon the person to be tested by an independent certified laboratory to ensure it is not an unsafe handgun. States that, “The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding the costs of certification.” (Pen. Code, § 32010.)

This bill:

1. Provides that a receipt given by an officer who takes custody of a firearm or other deadly weapon shall include the name and residential mailing address of the person who possessed the firearm or other deadly weapon.
2. Extends civil liability to a person who authorizes a minor’s acquisition of tear gas by accompanying said minor at the time of acquirement.
3. Deletes and replaces erroneous references.
4. Revises statutory language to remove ambiguities.
5. Makes other technical, non-substantive changes.

Background

In 2006, the Governor signed ACR 73 (McCarthy, Chapter 128, Statutes of 2007), asking the California Law Revision Commission (CLRC) to revise various Penal Code provisions relating to firearms. The CLRC is required to prepare and submit recommended legislation by July 1, 2009. ACR 73 focused on CLRC's revisions that accomplished the following objectives:

Reduce the length and complexity of current sections; avoid unnecessary use of cross-references; neither expand nor contract the scope of criminal liability under current provisions; in the event that the commission’s draft changes the scope of criminal liability under the current provisions, this shall be made explicit in the commission’s draft or any commentary related to the draft; to the extent compatible with these objectives, use common definitions of terms, and; organize existing provisions in such a way that similar provisions are located in close proximity to each other.

In vetoing SB 1140 (Scott, 2004), relating to the criminal storage of firearms around children, the Governor stated, "Before a government exercises its power to take away ones liberty, it should be clear to every person what actions will cause them to forfeit their freedom. Instead of adding to the lengthy and complex area of firearm laws, a reorganization of the current laws should be undertaken to ensure that statutes that impose criminal penalties are easily understandable."

The author of ACR 73 stated, "In particular, the laws relating to the transfers of firearms are lengthy, with numerous cross-references, highly fact-specific exemptions, and complex provisions. For example, Penal Code section 12078 is 5,880 words long and occupies 11 pages if printed in a 12-point font with conventional margins. The section has cross-references to many scattered sections of other firearms provisions, some of them hundreds of sections away. The firearms laws occupy over 100 pages of an un-annotated version of the Penal Code when printed in dual column in tiny print. These areas of the law are not for legal experts only. Firearms owners, licensed dealers, and law enforcement need to be able to interpret these provisions in order to comply with the law and avoid criminal liability. Ambiguity and confusion do not promote the public policy goals that those laws were designed to accomplish. ACR 73 is designed to task the CLRC, a neutral body of legal experts, with the task of seeing if they can simplify and reorganize these laws. It also includes a statement of legislative intent that when the Commission’s work is complete that it will be tasked with addressing other portions of the firearms laws."

This bill implements some of the CLRC’s suggested technical and substantive changes. Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015). Substantively, this bill makes minor changes affecting seizures of firearms or other deadly weapons and liability for a minor’s use of tear gas.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/2/18)

California Law Revision Commission (source)

California Sportsman’s Lobby

Outdoor Sportsmen’s Coalition of California

Safari Club International

OPPOSITION: (Verified 7/2/18)

None received

ASSEMBLY FLOOR: 68-0, 4/12/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Cristina Garcia, Gray, Jones-Sawyer, Limón, Low, Mullin, Santiago, Steinorth

Prepared by:

7/3/18 15:56:06

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 2176 (Author:Jones-Sawyer)

Version: February 12, 2018

Hearing Date: June 12, 2018

Fiscal: Yes

Urgency: No

Consultant: CK

SUBJECT

Firearms

DESCRIPTION

This bill would make various changes to the deadly weapons statutes of the Penal Code based on recommendations of the California Law Revision Commission. Most of the changes made by this bill would be technical and clarifying amendments. The bill would also require additional information to be collected by law enforcement in certain situations involving the seizure of weapons. It would also extend joint and several liability to a parent, guardian, or other person who accompanies a minor when purchasing tear gas or a tear gas weapon.

BACKGROUND

In 2009, the California Law Revision Commission (CLRC) published a report recommending a series of changes to the Penal Code with the purpose of improving “the organization and accessibility of the deadly weapons statutes, without making any change to criminal liability.” (Nonsubstantive Reorganization of Deadly Weapon Statutes, 38 Cal. L. Revision Comm’n Reports 217 (2009) < http://www.clrc.ca.gov/pub/Printed-Reports/Pub233.pdf> [as of May 19, 2018].) These recommendations were largely implemented by SB 1080 (Senate Public Safety Committee, Ch. 711, Stats. 2010) and SB 1115 (Senate Public Safety Committee, Ch. 178, Stats. 2010) the following year.

In the course of its study, the CLRC identified a number of additional issues that were not addressed in the 2009 report. In 2013, the CLRC published another report recommending largely technical, nonsubstantive changes to the deadly weapons statutes in order to deal with the previously identified issues. (Deadly Weapons: Minor Clean-Up Issues, 43 Cal. L. Revision Comm’n Reports 63 (2013) <http://www.clrc.ca.gov /pub/Printed-Reports/Pub238-M301.pdf> [as of May 19, 2018].) Those recommendations were implemented by AB 1798 (Assembly Committee on Public Safety, Ch. 103, Stats. 2014).

In December 2015, the CLRC published a follow up report highlighting additional issues not yet addressed and providing various recommendations. (Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015) <http://www.clrc.ca.gov/pub/Printed-Reports/Pub239-M301.pdf> [as of May 19, 2018].) This bill would implement the recommendations of this latter report.

CHANGES TO EXISTING LAW

Existing law provides that specified law enforcement officers shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the officer or other persons present when the officers are:

• at the scene of a domestic violence incident involving a threat to human life or a physical assault;
• serving a protective order as defined in Section 6218 of the Family Code; or,
• serving a gun violence restraining order, as specified. (Pen. Code Sec. 18250.)

Existing law provides that upon taking custody of a firearm or other deadly weapon, the officer shall give the owner or person who possessed the firearm a receipt that

must describe the firearm or other deadly weapon and list any identification or serial number on the firearm. The receipt shall indicate where the firearm or other deadly weapon can be recovered, the time limit for recovery as required, and the date after which the owner or possessor can recover the firearm or other deadly weapon. (Pen. Code Sec. 18255.)

Existing law provides that any peace officer who takes custody of a firearm or deadly weapon, as specified, must deliver the firearm within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the college or school is located. (Pen. Code Sec. 18260.)

Existing law provides that if a petition is filed under Section 18400 of the Penal Code, the law enforcement agency shall inform the owner or person who had lawful possession of the firearm or other deadly weapon, at that person’s last known address, by registered mail, return receipt requested, that the person has 30 days from the date of receipt of the notice to respond to the court clerk to confirm the person’s desire for a hearing, and that the failure to respond shall result in a default order forfeiting the confiscated firearm or other deadly weapon. The person’s last known address shall be presumed to be the address provided to the law enforcement officer by that person at the time of the family violence incident. In the event the person whose firearm or other deadly weapon was seized does not reside at the last address provided to the agency, the agency shall make a diligent, good faith effort to learn the whereabouts of the person and to comply with these notification requirements. (Pen. Code Sec. 18405.)

Existing law provides that notwithstanding subdivision (d) of Section 22810 of the Penal Code, a minor who has attained the age of 16 years may purchase and possess tear gas or a tear gas weapon if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. Notwithstanding subdivision (c) of Section 22810, a person may sell or furnish tear gas or a tear gas weapon to a minor who has attained the age of 16 years and who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor’s parent or guardian. The law provides that any civil liability of a minor arising out of the minor’s use of tear gas or a tear gas weapon other than for self-defense is imposed upon the person, parent, or guardian who signed the statement of consent. That person, parent, or guardian shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or a tear gas weapon. (Pen. Code Sec. 22815.)

This bill would make various technical and clarifying amendments to the deadly weapons statutes of the Penal Code.

This bill would require the receipt given to the owner or possessor of a firearm or other deadly weapon pursuant to Section 18255 of the Penal Code to also include the name and residential mailing address of the owner or possessor.

This bill would extend joint and several liability to a parent, guardian, or other person who accompanies a minor when purchasing tear gas or a tear gas weapon.

COMMENT

1. Stated need for the bill

According to the author:

AB 2176, which is based on a 2015 recommendation of the California Law Revision Commission, proposes technical changes and minor improvements to the deadly weapons provisions of the Penal Code, making them easier to understand and use.

Specifically, AB [2176] would standardize inconsistent terminology; clarify, without changing the meaning of text; correct clear drafting or typographical errors; clarify the meaning of the term “imitation firearm;” allow for the weapon owner’s address to be recorded when seized by law enforcement; and finally, clarify the persons who may be held liable for damages caused by a minor’s improper use of tear gas or a tear gas weapon.

In light of the recent gun related tragedies, ensuring that the Penal Code governing deadly weapons is clear and easy to use, should be a priority for all state governments.

2. Making minor amendments to improve and clarify the deadly weapons statutes

The 2015 CLRC Report recommendations that would be implemented by this bill make largely technical and clarifying amendments. Sections 2, 6, and 11 would make clarifying revisions that do not substantively change the law. Sections 3 and 9 of this bill would standardize terminology to avoid inconsistencies between usage of the terms “examination” and “test” and to replace an obsolete usage of the term “family violence” with “domestic violence.” Sections 7, 8, and 10 correct clearly technical errors. Section 4 of the bill would address a discrepancy between the definitions for “look-alike firearm” and “imitation firearm” in state and federal law.

The other sections focus on specific areas of the penal code and make more substantive changes.

3. Seizure of Weapon at Domestic Violence Incident

Section 1 of this bill concerns the seizure of a weapon at a domestic violence incident and the subsequent process. Current law provides that specified law enforcement officers shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the officer or other persons present when the officers are:

• at the scene of a domestic violence incident involving a threat to human life or a physical assault;
• serving a protective order as defined in Section 6218 of the Family Code; or,
• serving a gun violence restraining order, as specified. (Pen. Code Sec. 18250.)

Upon taking custody of the weapon, the officer is required to give a receipt to the owner or the person who possessed the weapon. The receipt is required to describe the weapon and list any identification or serial number on it. The receipt must indicate where the weapon can be recovered, the time limit for recovery, and the date after which the owner or possessor can recover the weapon. (Pen. Code Sec. 18255.)

This bill would further require that the receipt include the name and residential mailing address of the owner or person who possessed the weapon. The CLRC report provides the following support for this recommendation:

Section 18405 provides for notice to the owner of a seized weapon, if a petition is filed with the court for forfeiture of the weapon. The notice must be sent to the owner’s last known address. Under Section 18405(b), the last known address is presumed to be the “address provided to the law enforcement officer by that person at the time of the family violence incident.” However, there is nothing in the statutory scheme that expressly provides an opportunity for law enforcement to record the weapon owner’s address.

In order to avoid any confusion on this issue, the proposed law would amend Section 18255 to fill that procedural gap — a police officer would take the weapon owner’s residential mailing address when providing a receipt for a seized weapon.

Several outdoor recreation and hunting organizations write in support of the bill. They argue that the additional information required to be included in the receipt “would make it easier for the lawful owner of the firearm, or person who lawfully possessed it, to recover it after conclusion of the time specified on the receipt.”

4. Tear gas liability

Existing law provides that a minor who is at least 16 years of age may purchase and possess tear gas or a tear gas weapon if the minor is accompanied by a parent or guardian, or has the written consent of a parent or guardian. (Pen. Code Sec. 22815(a).) A person may sell or furnish tear gas or a tear gas weapon to such a minor who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor’s parent or guardian. (Pen. Code Sec. 22815(b).) The law provides that any civil liability of a minor arising out of the minor’s use of tear gas or a tear gas weapon other than for self-defense is imposed upon the person, parent, or guardian who signed that statement of consent, making that person jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or tear gas weapon. (Pen. Code Sec. 22815(c).)

This language therefore makes the person who signs the consent jointly and severally liable with the minor, but does not extend the same liability when the minor complies with the statute by having a parent or guardian accompany the minor. Section 5 of this bill would fill this gap by extending that joint and several liability to a parent, guardian, or other person who accompanies a minor when purchasing tear gas or a tear gas weapon.

The CLRC report states:

Under existing law, a person is only liable for injuries caused by a minor’s use of tear gas if that person provided written authorization to provide tear gas to the minor. The liability rule does not apply to a person who authorizes the minor’s acquisition of tear gas by “accompanying” the minor. The proposed law would extend the liability rule to cover the latter case.

While there may not be a public policy reason for not assessing liability in similar manners regardless of the form of authorization given, arguably, a parent or guardian is likely to be more thoughtful when signing an authorization and more likely on notice of possible liability than when simply accompanying a minor at the purchase. In other words, in practice, persons may be less likely to appreciate the legal consequences of simply accompanying a minor when they purchase these products and may not even know their accompaniment alone is being considered “authorization” of the purchase.

Support: California Sportsman’s Lobby; Outdoor Sportsmen’s Coalition of California; Safari Club International; Safari Club International Foundation

Opposition: None Known

HISTORY

Source: California Law Revision Commission

Related Pending Legislation: None Known

Prior Legislation:

AB 1798 (Assembly Committee on Public Safety, Ch. 103, Stats. 2014) See Background.

SB 1080 (Senate Public Safety Committee, Ch. 711, Stats. 2010) See Background.

SB 1115 (Senate Public Safety Committee, Ch. 178, Stats. 2010) See Background.

Prior Vote:

Senate Public Safety Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 68, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Public Safety Committee (Ayes 7, Noes 0)

**************

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2176 Hearing Date: May 15, 2018

Subject: Firearms

HISTORY

Source: California Law Revision Commission

Prior Legislation: AB 1798 (Public Safety), Ch. 103, Stats. 2014

AB 307 (Campos), Ch. 291, Stats. 2013

AB 383 (Wagner), Ch. 76, Stats. 2013

SB 1171 (Harman), Ch. 162, Stats. 2012

SB 1115 (Public Safety), Ch. 178, Stats. 2010

SB 1080 (Public Safety), Ch. 711, Stats. 2010

Support: California Sportsman’s Lobby; Outdoor Sportsmen’s Coalition of California; Safari Club International; Safari Club International Foundation

Opposition: None known

Assembly Floor Vote: 68 - 0

PURPOSE

The purpose of this bill is to (1) impose receipt requirements for deadly weapons taken by officers, (2) extend civil liability to persons authorizing a minor’s acquisition of tear gas by accompaniment, and (3) make various technical, non-substantive changes to provisions of law related to deadly weapons.

Existing law states that, upon taking custody of a firearm or other deadly weapon, the officer shall give the owner or person who possessed the firearm a receipt which would include:

• A description of the firearm or other deadly weapon listing any identification or serial number; and
• A notice of where the firearm or other deadly weapon can be recovered, the time limit for such recovery, and the date after which it could be recovered. (Pen. Code, § 18255, subds. (a)-(c).)
  

Existing law requires any peace officer who takes custody of a firearm or deadly weapon from an incident involving domestic violence, to deliver it within 24 hours to the city police department or county sheriff’s office. (Pen. Code, §18260.)

Existing law imposes procedural notification requirements on local law enforcement agencies upon receiving a return-of-firearm petition. (Pen. Code, § 18405.)

This bill provides that a receipt given by an officer who takes custody of a firearm or other deadly weapon shall include the name and residential mailing address of the person who possessed the firearm or other deadly weapon.

Existing law makes it a misdemeanor for any manufacturer, importer, or distributor of imitation firearms to fail to comply with any applicable federal law or regulation governing toy or imitation firearms. (Pen. Code, § 20155.)

Existing law allows a minor 16 years of age or older to purchase and possess tear gas weapons if accompanied by, or given written consent by, a parent or guardian. (Pen. Code, § 22815, subd. (a).)

Existing law authorizes persons to sell or furnish tear gas and tear gas weapons to minors who have attained 16 years of age and are accompanied by, or obtained written consent of, a parent or guardian. (Pen. Code, §22815, subd. (b).)

Existing law imposes joint and several liability on those who gave written consent for a minor to acquire tear gas, for any civil liability arising out of the minor’s use of that tear gas. (Pen. Code, § 22815, subd. (c).)

Existing law requires each lead law enforcement agency investigating an incident to report any information which reasonably supports a conclusion that:

• A child 18 years of age or younger suffered an unintentional or self-inflicted gunshot wound by a firearm sold, transferred, or manufactured in California; or
  
• Whether the child died, suffered serious injury, or was treated by a medical professional for an injury resulting from that incident. (Pen. Code, § 23685)

This bill extends civil liability to a person who authorizes a minor’s acquisition of tear gas by accompanying said minor at the time of acquirement.

Existing law provides a defense for the offense of carrying a loaded firearm in a public place for an individual who:

• Reasonably believes that any individual or property is in immediate, grave danger, and that carrying the weapon is necessary for its preservation; or
  
• Reasonably believes that individual is in grave danger posed by another person against whom a restraining order has been issued finding that the person poses a threat to the life or safety of the possessor of the firearm. States that, “It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.” (Pen. Code, § 26045, subds. (a) & (b).)
  

Existing law imposes specific requirements on firearms dealers when storing firearms during nonbusiness hours, as specified. (Pen. Code, § 26890.)

Existing law states that a firearm safety certificate test must be administered by a certified instructor. Further provides that if a test taker is unable to read, the examination should then be administered orally; and, if the test taker is unable to read English or Spanish, states that the test may be applied orally. (Pen. Code, § 31640.)

Existing law exempts certain persons from firearm safety certificate requirements, as specified. Among those included are, “a secured creditor or agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.” (Pen. Code, §31700.)

Existing law requires any firearm capable of being concealed upon the person to be tested by an independent certified laboratory to ensure it is not an unsafe handgun. States that, “The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding the costs of certification.” (Pen. Code, § 32010.)

This bill deletes and replaces erroneous references.

This bill revises statutory language to remove ambiguities.

This bill makes other technical, non-substantive changes.

COMMENTS

1. Need for This Bill

According to the author:

In 2010, the Legislature enacted SB 1080 (Committee on Public Safety), and SB 1115 Committee on Public Safety), effecting a nonsubstantive reorganization of statutes governing control of deadly weapons, and implementing a Law Revision Commission recommendation on Nonsubstantive Reorganization of Deadly Weapon Statutes, 38 Cal. L. Revision Comm’n Reports 217 (2009).

In 2011, the Legislature enacted AB 1402 (Committee on Public Safety) effecting clean-up legislation relating to the 2010 reorganization, and implementing part of a follow-up Commission recommendation on Nonsubstantive Reorganization of Deadly Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision Comm’n Reports 135 (2011).

In 2012, the Legislature enacted SB 1171 (Harman), Sections 12, 13, 14, 203, and 207 of which effected further clean-up legislation relating to the 2010 reorganization, and implemented another part of the Commission recommendation on Nonsubstantive Reorganization of Deadly Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision Comm’n Reports 135 (2011).

In 2013, the Legislature enacted AB 383 (Wagner), Sections 145.5, 145.7, 147.3, 147.5, and 153.5 of which effected further clean-up legislation relating to the 2010 reorganization, and implemented another part of the Commission recommendation on Nonsubstantive Reorganization of Deadly Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision Comm’n Reports 135 (2011).

In 2013, the Legislature enacted AB 307 (Campos), Section 2 of which effected further clean-up legislation relating to the 2010 reorganization, and implemented another part of the Commission recommendation on Nonsubstantive Reorganization of Deadly Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision Comm’n Reports 135 (2011).

In 2014, the Legislature enacted AB 1798 (Committee on Public Safety), which made minor improvements in the deadly weapons statutes, and implemented a third Commission recommendation on Deadly Weapons: Minor Clean-Up Issues, 43 Cal. L. Revision Comm’n Reports 63 (2013).

1. Background on Revisions to the Firearms Codes by the Law Revision Commission

In 2006, the Governor signed ACR 73 (McCarthy), Chapter 128, Statutes of 2007, asking the California Law Revision Commission (CLRC) to revise various Penal Code provisions relating to firearms. The CLRC is required to prepare and submit recommended legislation by July 1, 2009. ACR 73 focused on CLRC's revisions that accomplished the following objectives:

“Reduce the length and complexity of current sections; avoid unnecessary use of cross-references; neither expand nor contract the scope of criminal liability under current provisions; in the event that the commission’s draft changes the scope of criminal liability under the current provisions, this shall be made explicit in the commission’s draft or any commentary related to the draft; to the extent compatible with these objectives, use common definitions of terms, and; organize existing provisions in such a way that similar provisions are located in close proximity to each other.”

In vetoing SB 1140 (Scott), of the 2003-04 Legislative Session, relating to the criminal storage of firearms around children, the Governor stated, "Before a government exercises its power to take away ones liberty, it should be clear to every person what actions will cause them to forfeit their freedom. Instead of adding to the lengthy and complex area of firearm laws, a reorganization of the current laws should be undertaken to ensure that statutes that impose criminal penalties are easily understandable."

The author of ACR 73 stated, "In particular, the laws relating to the transfers of firearms are lengthy, with numerous cross-references, highly fact-specific exemptions, and complex provisions. For example, Penal Code section 12078 is 5,880 words long and occupies 11 pages if printed in a 12-point font with conventional margins. The section has cross-references to many scattered sections of other firearms provisions, some of them hundreds of sections away. The firearms laws occupy over 100 pages of an un-annotated version of the Penal Code when printed in dual column in tiny print. These areas of the law are not for legal experts only. Firearms owners, licensed dealers, and law enforcement need to be able to interpret these provisions in order to comply with the law and avoid criminal liability. Ambiguity and confusion do not promote the public policy goals that those laws were designed to accomplish. ACR 73 is designed to task the CLRC, a neutral body of legal experts, with the task of seeing if they can simplify and reorganize these laws. It also includes a statement of legislative intent that when the Commission’s work is complete that it will be tasked with addressing other portions of the firearms laws."

According to the California Law Revision Commission:

In 2006, the Legislature directed the Law Revision Commission to conduct a study and recommend nonsubstantive changes to the statutes relating to control of deadly weapons to simplify and provide better organization to this area of law. [ACR 73 (McCarthy), Chapter 128, Statutes of 2007.] The Commission was expressly directed not to make any change that would affect the existing scope of criminal liability.

In June 2009, the Commission submitted its recommendation on Nonsubstantive Reorganization of Deadly Weapons Statutes (‘Deadly Weapons Recommendation’) to the Legislature. In 2010, the recommendation was enacted, reorganizing the deadly weapons statutes into a new Part 6 of the Penal Code, structuring the provisions in a more user-friendly form and making conforming revisions to the law.

During the course of the study, the Commission found a number of minor issues that could not be addressed without potentially effecting a substantive change. Consistent with the Commission’s limited mandate, the Commission did not address any of these minor issues in its Deadly Weapons Recommendation. Instead, these minor issues were listed in Appendix B of the Deadly Weapons Recommendation and set aside for possible future work.

In the Deadly Weapons Recommendation, the Commission requested authority to study these clean-up issues. The Legislature granted the Commission authority to study and make recommendations on issues identified in Appendix B.

Pursuant to that authority, the Law Revision Commission now recommends minor clean-up amendments to address some of the issues identified in Appendix B of the Deadly Weapons Recommendation. This recommendation also includes a few minor improvements that were not identified in Appendix B. They are proposed pursuant to the Commission’s general authority to recommend minor technical and substantive reforms.” (Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015).)

1. AB 2176’s Proposed Changes:

This bill would implement some of the Law Revision Commission’s suggested technical and substantive changes. Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015). Substantively, this bill would make minor changes affecting seizures of firearms or other deadly weapons and liability for a minor’s use of tear gas. The other changes are minor structural and grammatical revisions:

• Current law for seizure of a weapon at a domestic violence incident requires a law enforcement agency to send notice to the owner of a seized weapon upon a petition for forfeiture of the weapon being filed in court. The notice must be sent to the owner’s last known address. However, there is no statutory language requiring an officer to record the weapon owner’s residential mailing address. This would amend that gap by requiring the officer who took the weapon to write down the owner’s residential mailing address when giving a receipt for the seized weapon.
  
• California law makes it a misdemeanor for an imitation firearm not to comply with “any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, as defined by federal law or regulation.” (Pen. Code, § 20155.) On this matter the Law Revision Commission wrote, “The governing federal statute defines the term ‘look-alike firearm,’ but does not define the term ‘imitation firearm.’ California law defines ‘imitation firearm,’ but does not define ‘look-alike firearm.’ While the state and federal definitions are largely the same, the federal definition of ‘look-alike firearm’ is slightly narrower than the state definition of ‘imitation firearm.’ The federal definition excludes BB guns and certain types of replicas. The state definition includes them. This could lead to confusion as to the scope of the rule in Section 20155.
  
  “The purpose of Section 20155 is to provide a state penalty for a violation of federal law. This means that the provision only has effect if federal law has been violated. Consequently, the narrower federal definition should be controlling — conduct involving an object that is excluded from the federal definition can never be a violation of the federal statute. The Commission recommends that Section 20155 be revised to make clear that the federal terminology is controlling.” Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015).
  
• Current California law allows a minor over 16 years old to acquire tear gas if the minor’s parent or guardian either accompanies them or gives written consent. The law imposes civil liability only on the person who gave written consent, not one who accompanied the minor. This bill would amend the law to extend liability to both situations and would make slight grammatical changes.
  
• One part of the bill deals with inconsistent terminology used in relation to firearm safety tests. Currently, the word “test” is used 17 out of 18 times and in one instance “examination” is used. The same issue exists for the words “administered” and “applied.” Nothing points to any substantive reason for these deviations, so the Law Revision Commission proposed this clean-up to promote uniform terminology.
  
• Another portion of the bill would make clarifying revisions to two existing statutes, making them easier to understand. The two statutes, dealing with firearm testing laboratories and reporting requirements for children injured by firearms, are worded in an unnecessarily convoluted manner.
  

Finally, the bill would also correct some evident drafting errors. These include duplicative language, erroneous cross-references, and a misplacement of the term “or” instead of “and.”

-- END –

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2176

Author:(Jones-Sawyer) – As Introduced Ver:February 12, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill makes various minor and technical changes regarding firearms as recommended by the California Law Revision Commission to make the statutes easier to understand.

FISCAL EFFECT:

Negligible fiscal effect since this bill only clarifies existing requirements.

COMMENTS:

Background and purpose. In 2006 the Legislature directed the Law Revision Commission to study and recommend non-substantive changes to statutes relating to firearms. The commission reported in 2009 and the Legislature adopted the recommendations in 2010. However, through the course of the initial study, the commission also identified the need for some substantive clarifications. The Law Revision Commission now recommends minor clean-up to address some of the substantive issues identified in the initial study. According to the author:

AB 2176, which is based on a 2015 recommendation of the California Law Revision Commission, proposes technical changes and minor improvements to the deadly weapons provisions of the Penal Code, making them easier to understand and use.

Specifically, AB 2176 would standardize inconsistent terminology; clarify, without changing the meaning of text; correct clear drafting or typographical errors; clarify the meaning of the term “imitation firearm;” allow for the weapon owner’s address to be recorded when seized by law enforcement; and finally, clarify the persons who may be held liable for damages caused by a minor’s improper use of tear gas or a tear gas weapon.

In light of the recent gun related tragedies, ensuring that the Penal Code governing deadly weapons is clear and easy to use, should be a priority for all state governments.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2176

Author:(Jones-Sawyer) – As Introduced Ver:

SUMMARY:

Imposes receipt requirements for deadly weapons taken by officers, extends civil liability to persons authorizing a minor’s acquisition of tear gas by accompaniment, and makes various technical, non-substantive changes to provisions of law related to deadly weapons. Specifically, this bill:

1. Provides that a receipt given by an officer who takes custody of a firearm or other deadly weapon shall include the name and residential mailing address of the person who possessed the firearm or other deadly weapon.
   
2. Extends civil liability to a person who authorizes a minor’s acquisition of tear gas by accompanying said minor at the time of acquirement.
   
3. Deletes and replaces erroneous references.
   
4. Revises statutory language to remove ambiguities.
   
5. Makes other technical, non-substantive changes.
   

EXISTING LAW:

1. States that, upon taking custody of a firearm or other deadly weapon, the officer shall give the owner or person who possessed the firearm a receipt which would include:
   
   1. A description of the firearm or other deadly weapon listing any identification or serial number; and
      
   2. A notice of where the firearm or other deadly weapon can be recovered, the time limit for such recovery, and the date after which it could be recovered. (Pen. Code, § 18255, subds. (a)-(c).)
      
2. Requires any peace officer who takes custody of a firearm or deadly weapon from an incident involving domestic violence, to deliver it within 24 hours to the city police department or county sheriff’s office. (Pen. Code, §18260.)
   
3. Imposes procedural notification requirements on local law enforcement agencies upon receiving a return-of-firearm petition. (Pen. Code, § 18405.)
   
4. Makes it a misdemeanor for any manufacturer, importer, or distributor of imitation firearms to fail to comply with any applicable federal law or regulation governing toy or imitation firearms. (Pen. Code, § 20155.)
   
5. Allows a minor 16 years of age or older to purchase and possess tear gas weapons if accompanied by, or given written consent by, a parent or guardian. (Pen. Code, § 22815, subd. (a).)
   
6. Authorizes persons to sell or furnish tear gas and tear gas weapons to minors who have attained 16 years of age and are accompanied by, or obtained written consent of, a parent or guardian. (Pen. Code, §22815, subd. (b).)
   
7. Imposes joint and several liability on those who gave written consent for a minor to acquire tear gas, for any civil liability arising out of the minor’s use of that tear gas. (Pen. Code, § 22815, subd. (c).)
   
8. Requires each lead law enforcement agency investigating an incident to report any information which reasonably supports a conclusion that:
   
   1. A child 18 years of age or younger suffered an unintentional or self-inflicted gunshot wound by a firearm sold, transferred, or manufactured in California; or
      
   2. Whether the child died, suffered serious injury, or was treated by a medical professional for an injury resulting from that incident. (Pen. Code, § 23685)
      
9. Provides a defense for the offense of carrying a loaded firearm in a public place for an individual who:
   
   1. Reasonably believes that any individual or property is in immediate, grave danger, and that carrying the weapon is necessary for its preservation; or
      
   2. Reasonably believes that individual is in grave danger posed by another person against whom a restraining order has been issued finding that the person poses a threat to the life or safety of the possessor of the firearm. States that, “It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.” (Pen. Code, § 26045, subds. (a) & (b).)
      
10. Imposes specific requirements on firearms dealers when storing firearms during nonbusiness hours, as specified. (Pen. Code, § 26890.)
    
11. States that a firearm safety certificate test must be administered by a certified instructor. Further provides that if a test taker is unable to read, the examination should then be administered orally; and, if the test taker is unable to read English or Spanish, states that the test may be applied orally. (Pen. Code, § 31640.)
    
12. Exempts certain persons from firearm safety certificate requirements, as specified. Among those included are, “a secured creditor or agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.” (Pen. Code, §31700.)
    
13. Requires any firearm capable of being concealed upon the person to be tested by an independent certified laboratory to ensure it is not an unsafe handgun. States that, “The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 31900 to 32110, inclusive, a fee not exceeding the costs of certification.” (Pen. Code, § 32010.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 2176, which is based on a 2015 recommendation of the California Law Revision Commission, proposes technical changes and minor improvements to the deadly weapons provisions of the Penal Code, making them easier to understand and use.

“Specifically, AB 2176 would standardize inconsistent terminology; clarify, without changing the meaning of text; correct clear drafting or typographical errors; clarify the meaning of the term ‘imitation firearm;’ allow for the weapon owner’s address to be recorded when seized by law enforcement; and finally, clarify the persons who may be held liable for damages caused by a minor’s improper use of tear gas or a tear gas weapon.

“In light of the recent gun related tragedies, ensuring that the Penal Code governing deadly weapons is clear and easy to use, should be a priority for all state governments.”

1. Background: According to the California Law Revision Commission, “In 2006, the Legislature directed the Law Revision Commission to conduct a study and recommend nonsubstantive changes to the statutes relating to control of deadly weapons to simplify and provide better organization to this area of law. [ACR 73 (McCarthy), Chapter 128, Statutes of 2007.] The Commission was expressly directed not to make any change that would affect the existing scope of criminal liability.

“In June 2009, the Commission submitted its recommendation on Nonsubstantive Reorganization of Deadly Weapons Statutes (‘Deadly Weapons Recommendation’) to the Legislature. In 2010, the recommendation was enacted, reorganizing the deadly weapons statutes into a new Part 6 of the Penal Code, structuring the provisions in a more user-friendly form and making conforming revisions to the law.

“During the course of the study, the Commission found a number of minor issues that could not be addressed without potentially effecting a substantive change. Consistent with the Commission’s limited mandate, the Commission did not address any of these minor issues in its Deadly Weapons Recommendation. Instead, these minor issues were listed in Appendix B of the Deadly Weapons Recommendation and set aside for possible future work.

“In the Deadly Weapons Recommendation, the Commission requested authority to study these clean-up issues. The Legislature granted the Commission authority to study and make recommendations on issues identified in Appendix B.

“Pursuant to that authority, the Law Revision Commission now recommends minor clean-up amendments to address some of the issues identified in Appendix B of the Deadly Weapons Recommendation. This recommendation also includes a few minor improvements that were not identified in Appendix B. They are proposed pursuant to the Commission’s general authority to recommend minor technical and substantive reforms.” (Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015).)

1. AB 2176’s Proposed Changes: This bill would implement some of the Law Revision

Commission’s suggested technical and substantive changes. Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015). Substantively, this bill would make minor changes affecting seizures of firearms or other deadly weapons and liability for a minor’s use of tear gas. The other changes are minor structural and grammatical revisions:

1. Current law for seizure of a weapon at a domestic violence incident requires a law enforcement agency to send notice to the owner of a seized weapon upon a petition for forfeiture of the weapon being filed in court. The notice must be sent to the owner’s last known address. However, there is no statutory language requiring an officer to record the weapon owner’s residential mailing address. This would amend that gap by requiring the officer who took the weapon to write down the owner’s residential mailing address when giving a receipt for the seized weapon.
   
2. California law makes it a misdemeanor for an imitation firearm not to comply with “any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, as defined by federal law or regulation.” (Pen. Code, § 20155.) On this matter the Law Revision Commission wrote, “The governing federal statute defines the term ‘look-alike firearm,’ but does not define the term ‘imitation firearm.’ California law defines ‘imitation firearm,’ but does not define ‘look-alike firearm.’ While the state and federal definitions are largely the same, the federal definition of ‘look-alike firearm’ is slightly narrower than the state definition of ‘imitation firearm.’ The federal definition excludes BB guns and certain types of replicas. The state definition includes them. This could lead to confusion as to the scope of the rule in Section 20155.
   
   “The purpose of Section 20155 is to provide a state penalty for a violation of federal law. This means that the provision only has effect if federal law has been violated. Consequently, the narrower federal definition should be controlling — conduct involving an object that is excluded from the federal definition can never be a violation of the federal statute. The Commission recommends that Section 20155 be revised to make clear that the federal terminology is controlling.” Deadly Weapons: Minor Clean-Up Issues (Part 2), 44 Cal. L. Revision Comm’n Reports 471 (2015).
   
3. Current California law allows a minor over 16 years old to acquire tear gas if the minor’s parent or guardian either accompanies them or gives written consent. The law imposes civil liability only on the person who gave written consent, not one who accompanied the minor. This bill would amend the law to extend liability to both situations and would make slight grammatical changes.
   
   
4. One part of the bill deals with inconsistent terminology used in relation to firearm safety tests. Currently, the word “test” is used 17 out of 18 times and in one instance “examination” is used. The same issue exists for the words “administered” and “applied.” Nothing points to any substantive reason for these deviations, so the Law Revision Commission proposed this clean-up to promote uniform terminology.
   
5. Another portion of the bill would make clarifying revisions to two existing statutes, making them easier to understand. The two statutes, dealing with firearm testing laboratories and reporting requirements for children injured by firearms, are worded in an unnecessarily convoluted manner.
   
6. Finally, the bill would also correct some evident drafting errors. These include duplicative language, erroneous cross-references, and a misplacement of the term “or” instead of “and.”
   
7. Prior Legislation:
   
   1. AB 1798 (Committee on Public Safety), Chapter 103, Statutes of 2014, made various technical, nonsubstantive changes to numerous deadly weapons statutes based upon recommendations from the Law Revision Commission. Deadly Weapons: Minor Clean-Up Issues, 43 20 Cal. L. Revision Comm’n Reports 63 (2013).
      
   2. AB 307 (Campos), Chapter 291, Statutes of 2013, effectuated minor technical and substantive changes pursuant to Law Revision Commission suggestions. Nonsubstantive Reorganization of Deadly 20 Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision 21 Comm’n Reports 135 (2011).
      
   3. AB 383 (Wagner), Chapter 76, Statutes of 2013, in part made minor technical and substantive changes to deadly weapons statutes pursuant to Law Revision Commission suggestions. Nonsubstantive Reorganization of Deadly 20 Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision 21 Comm’n Reports 135 (2011).
      
   4. SB 1171 (Harman), Chapter 162, Statutes of 2012, made, in part, minor technical and substantive changes to deadly weapons statutes pursuant to Law Revision Commission suggestions. Nonsubstantive Reorganization of Deadly 20 Weapon Statutes: Clean-Up Legislation, 41 Cal. L. Revision 21 Comm’n Reports 135 (2011).
      
   5. SB 1115 (Committee on Public Safety), Chapter 178, Statutes of 2010, made cross-reference changes to provisions of law that reference various deadly weapons provisions in the Penal Code, to be operative January 1, 2012.
      
   6. SB 1080 (Committee on Public Safety), Chapter 711, Statutes of 2010, reorganized and made other nonsubstantive changes to the deadly weapons provisions of law.
      

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

None

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744