SB 1100: Firearms: transfers.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-28
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person under 18 years of age. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age.
Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime.
This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional technical, nonsubstantive changes.
This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 746 to be operative only if this bill and SB 746 are enacted and this bill is enacted last.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person under 18 years of age. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age.
Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime.
This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional technical, nonsubstantive changes.
This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 746 to be operative only if this bill and SB 746 are enacted and this bill is enacted last.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person under 18 years of age. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age.
Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime.
This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional technical, nonsubstantive changes.
This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 746 to be operative only if this bill and SB 746 are enacted and this bill is enacted last.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person under 18 years of age. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age.
Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime.
This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional technical, nonsubstantive changes.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years. under 21 years of age. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person below the age of 18 years. under 18 years of age. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person below the age of 21 years. under 21 years of age.
Existing law requires a person who wishes to manufacture or assemble a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark. Existing law requires an applicant to be at least 18 years of age for a firearm that is not a handgun, and at least 21 years of age for a firearm that is a handgun. A violation of the application requirement is a crime.
The bill also makes conforming changes to age restrictions on the issuance of a serial number by the Department of Justice for an assembled firearm.This bill would instead require an applicant to be at least 21 years of age for any firearm, except that applications would be granted for an applicant who is at least 18 years of age but less than 21 years of age for a firearm that is not a handgun if the application is made before February 1, 2019. The bill would make additional conforming changes and technical, nonsubstantive changes.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. A violation of that prohibition is a crime. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime.
This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would also except from that prohibition the purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the state, and the acquisition of a firearm, other than a handgun, at specified charity fundraising events.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years. Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person below the age of 18 years. A violation of this prohibition by the dealer is a crime.
This bill would prohibit the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person below the age of 21 years.
The bill also makes conforming changes to age restrictions on the issuance of a serial number by the Department of Justice for an assembled firearm. The bill would make additional conforming changes and technical, nonsubstantive changes.
By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes a system of public elementary and secondary education in this state under which local educational agencies, including school districts and county offices of education, provide instruction in kindergarten and grades 1 to 12, inclusive. Under existing law, these local educational agencies are authorized to use public funds for purposes that are not in conflict with, inconsistent with, or preempted by, any law and that are not in conflict with the purposes for which these agencies are established. Local educational agencies have used public funds to pay membership dues in statewide organizations. This bill would define publicly funded statewide educational organizations as organizations the membership of which is composed of local educational agencies, as defined, that provide the funding for the organization through membership dues that are paid from public funds. The bill would express legislative findings and declarations relating to these organizations.The bill would also impose requirements on these organizations, including a requirement that these organizations comply with pertinent provisions of the open meetings statute that applies to local educational agencies, a requirement that written notice be provided to the superintendents of member local educational agencies when the organization considers taking a formal position on a piece of legislation pending before the Legislature, and a prohibition on the employment of governing board members of member local educational agencies.The bill would also prohibit paid advocates or lobbyists employed by the organization from willfully or intentionally misstating facts germane to legislation or willfully or intentionally misstating research to oppose legislation that is pending before the Legislature. The bill would provide a procedure for reporting allegations of violations of these prohibitions to specified legislative budget subcommittees in each house, with provisions authorizing these allegations to be evaluated by the Committee on Rules of each house, and eventually to be reported to the Fair Political Practices Commission.Existing law establishes a system of public elementary and secondary education in this state under which local educational agencies, including school districts and county offices of education, provide instruction in kindergarten and grades 1 to 12, inclusive. Under existing law, these local educational agencies are authorized to use public funds for purposes that are not in conflict with, inconsistent with, or preempted by, any law and that are not in conflict with the purposes for which these agencies are established. Local educational agencies have used public funds to pay membership dues in statewide organizations.
This bill would define publicly funded statewide educational organizations as organizations the membership of which is composed of local educational agencies, as defined, that provide the funding for the organization through membership dues that are paid from public funds. The bill would express legislative findings and declarations relating to these organizations.
The bill would also impose requirements on these organizations, including a requirement that these organizations comply with pertinent provisions of the open meetings statute that applies to local educational agencies, a requirement that written notice be provided to the superintendents of member local educational agencies when the organization considers taking a formal position on a piece of legislation pending before the Legislature, and a prohibition on the employment of governing board members of member local educational agencies.
The bill would also prohibit paid advocates or lobbyists employed by the organization from willfully or intentionally misstating facts germane to legislation or willfully or intentionally misstating research to oppose legislation that is pending before the Legislature. The bill would provide a procedure for reporting allegations of violations of these prohibitions to specified legislative budget subcommittees in each house, with provisions authorizing these allegations to be evaluated by the Committee on Rules of each house, and eventually to be reported to the Fair Political Practices Commission.
(a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.
(b)(1)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A)An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B)An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C)A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D)A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E)A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.
SEC. 2.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
SEC. 2.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 746. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 746, in which case Section 2 of this bill shall not become operative.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.
(b)(1)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A)An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B)An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C)A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D)A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E)A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.
SEC. 2.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
SEC. 2.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 746. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 746, in which case Section 2 of this bill shall not become operative.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.
(b)(1)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A)An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B)An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C)A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D)A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E)A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.
SEC. 2.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
SEC. 2.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun. firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 3.Section 2.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 746. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 746, in which case Section 2 of this bill shall not become operative.
SEC. 3.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.
(b)(1)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A)An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B)An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C)A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D)A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E)A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.
SEC. 2.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
REVISIONS: HeadingLine 3.(a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under the age of 21 years. 21 years of age.
(b)(1)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A)An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B)An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C)A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D)A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
SEC. 3.Section 27535 of the Penal Code is amended to read:27535.(a)A person shall not make an application to purchase more than one firearm within any 30-day period.(b)Subdivision (a) does not apply to any of the following:(1)Any law enforcement agency.(2)Any agency duly authorized to perform law enforcement duties.(3)Any state or local correctional facility.(4)Any private security company licensed to do business in California.(5)Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.(6)Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.(7)Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.(8)Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).(9)Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.(10)The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.(11)The replacement of a firearm when the persons firearm was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.(12)The return of any firearm to its owner.(13)A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.(14)The purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.(15)The acquisition of a firearm, other than a handgun, at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation.(c)For the purposes of paragraphs (14) and (15) of subdivision (b), the frame or receiver of a firearm is a handgun unless the frame or receiver listed in the application to purchase and delivered to the recipient is equipped with, is attached to, or is concurrently accompanied by, a barrel of 16 inches or greater in length.SEC. 4.Section 27540 of the Penal Code is amended to read:27540.A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows:(a)Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.(b)Unless unloaded and securely wrapped or unloaded and in a locked container.(c)Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the persons identity and age to the dealer.(d)Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.(e)A firearm, including a handgun, shall not be delivered unless the purchaser, transferee, or person being loaned the firearm presents a firearm safety certificate to the dealer, except that in the case of a handgun, an unexpired handgun safety certificate may be presented.(f)A firearm shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a firearm and that the previous application to purchase did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.SEC. 5.Section 27590 of the Penal Code is amended to read:27590.(a)Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.(b)If any of the following circumstances apply, a violation of this article is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years:(1)If the violation is of subdivision (a) of Section 27500.(2)If the defendant has a prior conviction of violating the provisions, other than Section 27535, Section 27560 involving a firearm that is not a handgun, or Section 27565 involving a firearm that is not a handgun, of this article or former Section 12100 of this code, as Section 12100 read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code.(3)If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590.(4)If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.(5)A violation of this article by a person who actively participates in a criminal street gang as defined in Section 186.22.(6)A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor.(c)If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:(1)A violation of Section 27515, 27520, or subdivision (b) of Section 27500.(2)A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor.(3)A violation of Section 27510 involving the delivery of a handgun.(4)A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun.(5)A violation of Section 27545 involving a handgun.(6)A violation of Section 27550.(7)A violation of Section 27585 involving a handgun.(d)If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed:(1)A violation of Section 27510 or subdivision (b) of Section 27500.(2)The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed.(e)(1)A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50).(2)A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100).(3)A third or subsequent violation of Section 27535 is a misdemeanor.(4)For purposes of this subdivision, each application to purchase a firearm in violation of Section 27535 is a separate offense.SEC. 6.SEC. 2.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. The Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
(g)The department shall grant an application for a serial number for a firearm that is not a handgun, pursuant to this section, to an applicant who is at least 18 years of age, but less than 21 years of age, if that application is received before February 1, 2019.SEC. 7.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)A licensee shall post conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:
(1)(a)FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEB SITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY.
(2)(b)IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.
(3)(c)CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.
(4)(d)YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(5)(e)IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.
(6)(f)DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.
(7)(g)FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.
(8)(h)NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON FIREARM WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON FIREARM WITHIN ANY 30-DAY PERIOD.
(9)(i)IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.
(b)This section shall become operative on January 1, 2019.SEC. 2.Section 27510 of the Penal Code is amended to read:27510.No (a)A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a handgun firearm to any person under the age of 21 years, or any other firearm to a person under the age of 18 years.
(b)Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
SEC. 3.Section 27535 of the Penal Code is amended to read:27535.(a)No A person shall not make an application to purchase more than one handgun firearm within any 30-day period.
(b)Subdivision (a) shall does not apply to any of the following:
(1)Any law enforcement agency.
(2)Any agency duly authorized to perform law enforcement duties.
(3)Any state or local correctional facility.
(4)Any private security company licensed to do business in California.
(5)Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6)Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7)Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8)Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9)Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10)The exchange of a handgun firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11)The replacement of a handgun firearm when the persons handgun firearm was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.
(12)The return of any handgun firearm to its owner.
(13)A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(14)The purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(15)The acquisition of a firearm, other than a handgun, at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation.
(c)For the purposes of paragraphs (14) and (15) of subdivision (b), the frame or receiver of a firearm is a handgun unless the frame or receiver listed in the application to purchase and delivered to the recipient is equipped with, is attached to, or is concurrently accompanied by, a barrel of 16 inches or greater in length.
SEC. 4.Section 27540 of the Penal Code is amended to read:27540.A dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall not deliver a firearm to a person, as follows:
(a)Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later.
(b)Unless unloaded and securely wrapped or unloaded and in a locked container.
(c)Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the persons identity and age to the dealer.
(d)Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e)A handgun shall not be delivered unless the purchaser, transferee, or person being loaned the handgun presents a handgun safety certificate. Commencing January 1, 2015, any firearm, including a handgun, shall not be delivered unless the purchaser, transferee, or person being loaned the firearm presents a firearm safety certificate to the dealer, except that in the case of a handgun, an unexpired handgun safety certificate may be presented.
(f)A handgun firearm shall not be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun firearm and that the previous application to purchase involved none did not involve any of the entities or circumstances specified in subdivision (b) of Section 27535.
SEC. 5.Section 27590 of the Penal Code is amended to read:27590.(a)Except as provided in subdivision (b), (c), or (e), a violation of this article is a misdemeanor.
(b)If any of the following circumstances apply, a violation of this article is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. years:
(1)If the violation is of subdivision (a) of Section 27500.
(2)If the defendant has a prior conviction of violating the provisions, other than Section 27535, Section 27560 involving a firearm that is not a handgun, or Section 27565 involving a firearm that is not a handgun, of this article or former Section 12100 of this code, as Section 12100 read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, or Section 8101 of the Welfare and Institutions Code.
(3)If the defendant has a prior conviction of violating any offense specified in Section 29905 or of a violation of Section 32625 or 33410, or of former Section 12560, as that section read at any time from when it was enacted by Section 4 of Chapter 931 of the Statutes of 1965 to when it was repealed by Section 14 of Chapter 9 of the Statutes of 1990, or of any provision listed in Section 16590.
(4)If the defendant is in a prohibited class described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.
(5)A violation of this article by a person who actively participates in a criminal street gang as defined in Section 186.22.
(6)A violation of Section 27510 involving the delivery of any firearm to a person who the dealer knows, or should know, is a minor.
(c)If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. imprisonment:
(1)A violation of Section 27515, 27520, or subdivision (b) of Section 27500.
(2)A violation of Section 27505 involving the sale, loan, or transfer of a handgun to a minor.
(3)A violation of Section 27510 involving the delivery of a handgun.
(4)A violation of subdivision (a), (c), (d), (e), or (f) of Section 27540 involving a handgun.
(5)A violation of Section 27545 involving a handgun.
(6)A violation of Section 27550.
(7)A violation of Section 27585 involving a handgun.
(d)If both of the following circumstances apply, an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years shall be imposed in addition and consecutive to the sentence prescribed. prescribed:
(1)A violation of Section 27510 or subdivision (b) of Section 27500.
(2)The firearm transferred in violation of Section 27510 or subdivision (b) of Section 27500 is used in the subsequent commission of a felony for which a conviction is obtained and the prescribed sentence is imposed.
(e)(1)A first violation of Section 27535 is an infraction punishable by a fine of fifty dollars ($50).
(2)A second violation of Section 27535 is an infraction punishable by a fine of one hundred dollars ($100).
(3)A third or subsequent violation of Section 27535 is a misdemeanor.
(4)For purposes of this subdivision subdivision, each application to purchase a handgun firearm in violation of Section 27535 shall be deemed is a separate offense.
SEC. 6.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 21 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun. firearm.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(f)The department shall adopt regulations to administer this chapter.
(g)The department shall grant an application for a serial number for a firearm that is not a handgun, pursuant to this section, to an applicant who is at least 18 years of age, but less than 21 years of age, if that application is received before February 1, 2019.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.(a)The Legislature finds and declares both of the following:(1)The Legislature appreciates the role that local school districts play in the education of our children, and the Legislature recognizes strict accountability measures under which they conduct school business on behalf of their constituents. The Legislature also recognizes that the clear majority of school districts endeavor to comport themselves in a manner that is consistent with California law as enacted through legislative mandates and other good government requirements. For example, public school districts in California must abide by the Ralph M. Brown Act, under which the business of running school districts must be conducted in public, with strict requirements for posting agendas to encourage public participation.(2)School districts are permitted by state law to expend taxpayer funds on membership dues in statewide and local associations and on lobbying the Legislature. However, the Legislature recognizes that the current level of transparency, accountability, and conflict of interest as applied to these associations is insufficient and not up to standards commensurate with an organization that receives public funds from its member school districts.(b)Therefore, it is the intent of the Legislature to enact Article 6.5 (commencing with Section 65) of Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code in order to improve accountability and transparency, and to prevent conflicts of interest, with respect to statewide associations funded by dues received from public school districts.SEC. 2.Article 6.5 (commencing with Section 65) is added to Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code, to read:6.5.Publicly Funded Statewide Educational Organizations65.(a)As used in this article:(1)A local educational agency includes a school district and a county office of education.(2)A publicly funded statewide educational organization is an organization the membership of which is composed of local educational agencies that provide the funding for the organization through membership dues that are paid from public funds.(b)A publicly funded statewide educational organization shall conduct business in accordance with following requirements:(1)All board, committee, and subcommittee meetings of the organization shall comply with the pertinent requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(2)At least 10 days before any meeting in which the organization considers supporting or opposing legislation that is pending before the Legislature, the organization shall notify, in writing, the superintendent of each member local educational agency about each piece of legislation about which the organization is considering taking a formal position.(3)In order to prevent conflicts of interest, the organization shall not employ a member of the governing body of a local educational agency that is a member of the organization.(4)(A)It is the intent of the Legislature that a paid advocate or lobbyist of the organization, during the performance of his or her advocacy duties, shall abide by ethical standards that are above reproach. A paid advocate or lobbyist of the organization shall not do either of the following:(i)Willfully or intentionally misstate facts germane to legislation.(ii)Willfully or intentionally misuse or misstate research in order to oppose legislation that is pending before the Legislature.(B)A violation of either of the prohibitions contained in subparagraph (A) may be reported to the chairperson of the Subcommittee on Education Finance of the Assembly Budget Committee or the chairperson of the Subcommittee on Education of the Senate Budget Committee. Either of these chairpersons may submit a written complaint to the chairperson of the Committee on Rules of that respective house. If that occurs, the Committee on Rules shall use its best efforts to evaluate the details of that complaint and issue a determination as to whether the alleged violations have occurred. The Committee on Rules of either house may forward its findings and recommendations relating to such a matter to the Fair Political Practices Commission for its consideration.(a)The Legislature finds and declares both of the following:
(1)The Legislature appreciates the role that local school districts play in the education of our children, and the Legislature recognizes strict accountability measures under which they conduct school business on behalf of their constituents. The Legislature also recognizes that the clear majority of school districts endeavor to comport themselves in a manner that is consistent with California law as enacted through legislative mandates and other good government requirements. For example, public school districts in California must abide by the Ralph M. Brown Act, under which the business of running school districts must be conducted in public, with strict requirements for posting agendas to encourage public participation.
(2)School districts are permitted by state law to expend taxpayer funds on membership dues in statewide and local associations and on lobbying the Legislature. However, the Legislature recognizes that the current level of transparency, accountability, and conflict of interest as applied to these associations is insufficient and not up to standards commensurate with an organization that receives public funds from its member school districts.
(b)Therefore, it is the intent of the Legislature to enact Article 6.5 (commencing with Section 65) of Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code in order to improve accountability and transparency, and to prevent conflicts of interest, with respect to statewide associations funded by dues received from public school districts.
SEC. 2.Article 6.5 (commencing with Section 65) is added to Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code, to read:6.5.Publicly Funded Statewide Educational Organizations65.(a)As used in this article:
(1)A local educational agency includes a school district and a county office of education.
(2)A publicly funded statewide educational organization is an organization the membership of which is composed of local educational agencies that provide the funding for the organization through membership dues that are paid from public funds.
(b)A publicly funded statewide educational organization shall conduct business in accordance with following requirements:
(1)All board, committee, and subcommittee meetings of the organization shall comply with the pertinent requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(2)At least 10 days before any meeting in which the organization considers supporting or opposing legislation that is pending before the Legislature, the organization shall notify, in writing, the superintendent of each member local educational agency about each piece of legislation about which the organization is considering taking a formal position.
(3)In order to prevent conflicts of interest, the organization shall not employ a member of the governing body of a local educational agency that is a member of the organization.
(4)(A)It is the intent of the Legislature that a paid advocate or lobbyist of the organization, during the performance of his or her advocacy duties, shall abide by ethical standards that are above reproach. A paid advocate or lobbyist of the organization shall not do either of the following:
(i)Willfully or intentionally misstate facts germane to legislation.
(ii)Willfully or intentionally misuse or misstate research in order to oppose legislation that is pending before the Legislature.
(B)A violation of either of the prohibitions contained in subparagraph (A) may be reported to the chairperson of the Subcommittee on Education Finance of the Assembly Budget Committee or the chairperson of the Subcommittee on Education of the Senate Budget Committee. Either of these chairpersons may submit a written complaint to the chairperson of the Committee on Rules of that respective house. If that occurs, the Committee on Rules shall use its best efforts to evaluate the details of that complaint and issue a determination as to whether the alleged violations have occurred. The Committee on Rules of either house may forward its findings and recommendations relating to such a matter to the Fair Political Practices Commission for its consideration.
|
Date
|
Status
|
|---|---|
| Sep 28, 2018 | Chaptered by Secretary of State. Chapter 894, Statutes of 2018. |
| Sep 28, 2018 | Approved by the Governor. |
| Sep 6, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2018 | Assembly amendments concurred in. (Ayes 26. Noes 12.) Ordered to engrossing and enrolling. |
| Aug 28, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2018 | Read third time and amended. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 12. Noes 5.) (August 16). |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Jun 28, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 19). Re-referred to Com. on APPR. |
| Jun 11, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 4, 2018 | Referred to Com. on PUB. S. |
| May 29, 2018 | In Assembly. Read first time. Held at Desk. |
| May 29, 2018 | Read third time. Passed. (Ayes 26. Noes 9.) Ordered to the Assembly. |
| May 25, 2018 | From committee: Do pass. (Ayes 5. Noes 1.) (May 25). |
| May 18, 2018 | Set for hearing May 25. |
| Apr 30, 2018 | April 30 hearing: Placed on APPR. suspense file. |
| Apr 20, 2018 | Set for hearing April 30. |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 17). Re-referred to Com. on APPR. |
| Apr 6, 2018 | Set for hearing April 17. |
| Apr 4, 2018 | Re-referred to Com. on PUB. S. |
| Mar 19, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 8, 2018 | Referred to Com. on RLS. |
| Feb 14, 2018 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | Unfinished Business SB1100 Portantino et al. Concurrence | Senate Floor |
Passed |
|
| Aug 28, 2018 | SB 1100 Portantino Senate Third Reading By BONTA | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB1100 Portantino et al. | Senate Floor |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB1100 Portantino et al. Reconsider | Senate Floor |
Passed |
|
| May 29, 2018 | Senate 3rd Reading SB1100 Portantino et al. | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 2-1-1 los angeles county | * Support | Apr 17, 2018 |
| American Academy of Pediatrics - California | * Support | Jun 19, 2018 |
| Any State Or Local Correctional Facility. | ** Against | Apr 16, 2018 |
| Bay Area Student Activists | ** Support | Jun 18, 2018 |
| California Association Of Federal Firearms Licensees, Inc. | * Against | Jun 19, 2018 |
| California Chapters of The Brady Campaign to Prevent Gun Violence | * Support | Jun 19, 2018 |
| California Rifle and Pistol Association | * Against | Jun 19, 2018 |
| California Sportsman's Lobby | ** Against | Aug 28, 2018 |
| california sportsmen's lobby | ** Against | May 26, 2018 |
| City of Santa Monica | ** Support | Aug 28, 2018 |
| Firearms Policy Coalition | ** Against | Aug 28, 2018 |
| Giffords Law Center To Prevent Gun Violence | ** Support | Aug 28, 2018 |
| Gun Owners of California | * Against | Jun 19, 2018 |
| National Rifle Assocation | * Against | Apr 17, 2018 |
| National Shooting Sports Foundation | ** Against | Aug 28, 2018 |
| Outdoor Sportsman's Coalition | * Against | Jun 19, 2018 |
| Outdoor Sportsmen'S Coalition Of California | ** Against | Aug 28, 2018 |
| PURPOSE | ** Against | Apr 16, 2018 |
| Safari Club International | ** Against | Aug 28, 2018 |
| Safari Club International | * Against | Jun 19, 2018 |
| The Return Of Any Handgun To Its Owner. | ** Against | Apr 16, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1100
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/17/18
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Nielsen
NO VOTE RECORDED: Bates
SENATE FLOOR: 24-10, 5/29/18
AYES: Allen, Atkins, Beall, De León, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener
NOES: Anderson, Bates, Fuller, Gaines, Moorlach, Morrell, Nielsen, Stone, Vidak, Wilk
NO VOTE RECORDED: Berryhill, Bradford, Cannella, Newman, Nguyen
ASSEMBLY FLOOR: 47-30, 8/28/18 - See last page for vote
DIGEST:
This bill increases the age for which a person can purchase a long-gun from a licensed dealer from 18 to 21 years of age, except as specified.
Assembly Amendments
add additional exemptions including sale and control by specified members of the military and active peace officers.
Existing law:
- Prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years.
- Prohibits any person from making an application to purchase more than one handgun within any 30-day period.
- Exempts from the above 30-day prohibition any of the following:
- Any law enforcement agency;
- Any agency duly authorized to perform law enforcement duties;
- Any state or local correctional facility;
- Any private security company licensed to do business in California;
- Any person who is a peace officer, as specified, and is authorized to carry a firearm in the course and scope of employment;
- Any motion picture, television, video production company or entertainment or theatrical company whose production by its nature involves a firearm;
- Any authorized representative of a law enforcement agency, or a federally licensed firearms importer or manufacturer;
- Any private party transaction conducted through a licensed firearms dealer;
- Any person who is a licensed collector and has a current certificate of eligibility issued by the Department of Justice (DOJ);
- The exchange, replacement, or return of a handgun to a licensed dealer within the 30-day period; and,
- A community college that is certified by the Commission on Peace Officer Standards and Training to present law enforcement academy basic course or other commission- certified training.
- Prohibits a handgun from being delivered when a licensed firearms dealer is notified by the DOJ that within the preceding 30-day period the purchaser has made another application to purchase a handgun and the purchase was not exempted, as specified.
- Provides that the penalties for making more than one application to purchase a handgun within any 30-day period is as follows:
- A first violation is an infraction punishable by a fine of $50;
- A second violation is an infraction punishable by a fine of $100; and,
- A third violation is a misdemeanor.
This bill:
- Exempts the sale of a firearm, that is not a handgun, to the following persons that are 18 years of age or older:
- A person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife;
- An active peace officer, who is authorized to carry a firearm in the course and scope of his or her employment;
- An active federal officer, or law enforcement agent, who is authorized to carry a firearm in the course and scope of his or her employment;
- A reserve peace officer, who is authorized to carry a firearm in the course and scope of his or her employment;
- An active member of the United States Armed Forces, the National Guard, the Air national Guard, or the active reserve components of the United States, where the individuals in these organizations are properly identified. Proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member; and,
- A person who provides proper identification that that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For the purposes of this exemption proper identification includes an Armed Forces Identification or other written documentation certifying that he person is an honorably discharged member.
- Makes conforming changes to the age requirements for an application for the granting of serial number by the DOJ to persons wishing to manufacture or assemble a firearm.
Background
This bill increases the minimum age from 18 to 21 years for a person to purchase all firearms in California. The age restriction also impacts the ability to transfer a weapon. Under current law a person must be 21 years of age to purchase a handgun, and this bill applies those same rules to the purchase and transfer of all firearms (including long guns). This bill creates an exception to this rule when the purchaser or transferee has a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
On February 14, 2018 Nikolas Cruz shot and killed 17 people and wounded an additional 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. The perpetrator was 19-years old at the time of the incident, and he used assault rifles. Following the incident Florida passed legislation to increase the minimum age for buying rifles to 21-years. The National Rifle Association challenged the law and filed a lawsuit in the United States District court for the Northern District of Florida alleging that the ban on gun sales to people under 21 years of age is unconstitutional because it violates their rights under the Second and Fourteenth Amendments to the U.S. Constitution because 18-year-olds are classified as adults.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- GF costs of $342,000 in 2018-19, $654,000 in 2019-20, and $556,000 in 2020-21 and ongoing for the DOJ to hire three additional staff and pay for overtime and other cost associated with increased workload to update and maintain information technology systems and criminal records systems.
- DOJ anticipates annual losses of $152,000 in revenue to the Dealers Record of Sale Fund, $75,000 to the Firearms Safety and Enforcement Special Fund, and $8,000 to the Firearms Safety Account from a reduction in submissions resulting from the increased minimum age to purchase long-guns.
California Chapters of the Brady Campaign to Prevent Gun Violence
City of Santa Monica
Giffords Law Center to Prevent Gun Violence
OPPOSITION: (Verified 8/27/18)
California Sportsman’s Lobby
Firearms Policy Coalition
National Shooting Sports Foundation
Outdoor Sportsmen’s Coalition of California
Safari Club International
ARGUMENTS IN SUPPORT: According to the California Chapters of the Brady Campaign to Prevent Gun Violence:
Existing law prohibits the sale or transfer of a handgun to any person below the age of 21 years. SB 1100 will similarly prohibit, with exceptions, the sale or transfer of a long gun by a licensed firearm dealer to a person under age of 21. Additionally, the bill will require those who manufacture or assemble a long gun to be at least 21 years old in order to obtain a serial number for the firearm and register it with the California Department of Justice. These provisions makes sense as those under age 21 are disproportionally linked to crime. In 2015, 23.4 percent of those arrested for murder and non-negligent manslaughter in the U.S. were under 21 and 26.5 percent of those arrested for ''weapons carrying, possession, etc.'' were under age 21. Individuals age 18 to 20 compromise only 4% of the population but commit 17% of gun homicides.
Maturity, impulsive or reckless behavior, and responsibility vary greatly among 18-20 year olds. This is recognized in other areas – those under age 21 cannot buy alcohol, rent a car, or purchase a handgun – and the same age restriction should apply to long guns.
ARGUMENTS IN OPPOSITION: According to the Outdoor Sportsmen's Coalition of California:
SB 1100 would needlessly raise the age for purchasing a rifle or shotgun from 18 to 21onth.
Rather than raise the minimum age for lawful individuals to purchase a rifle or shotgun, or limit such purchases to one firearm per month, experience with mass homicides and other crimes involving firearms has clearly shown that the focus should be on preventing criminals and individuals suffering from mental illness from acquiring firearms, not on those who are not a part of the problem.
Persons who have an intent to commit such crimes, or other illegal acts involving the use of a firearm, will always be able to obtain firearms through unlawful sources without going through a licensed firearms dealer.
The restrictions proposed in SB 1100 will not prevent it.
ASSEMBLY FLOOR: 47-30, 8/28/18
AYES: Aguiar-Curry, Baker, Berman, Bloom, Bonta, Burke, Calderon, Carrillo, Chau, Chiu, Chu, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rubio, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Bigelow, Brough, Caballero, Cervantes, Chávez, Chen, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Gray, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Cooper, Daly, Rodriguez
8/28/18 21:35:58
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1100
Author:(Portantino)
As Amended Ver:August 23, 2018
Majority vote
SENATE VOTE: 26-9
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Carrillo, Kamlager-Dove, Quirk, Santiago | Lackey, Kiley |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Increases the age for which a person can purchase a long-gun from a licensed dealer from 18 to 21 years of age, except as specified. Specifically, this bill:
- Exempts the sale of a firearm, that is not a handgun, to the following persons that are 18 years of age or older:
- A person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife;
- An active peace officer, who is authorized to carry a firearm in the course and scope of his or her employment;
- An active federal officer, or law enforcement agent, who is authorized to carry a firearm in the course and scope of his or her employment;
- A reserve peace officer, who is authorized to carry a firearm in the course and scope of his or her employment; and,
- An active member of the United States Armed Forces, the National Guard, the Air national Guard, or the active reserve components of the United States, where the individuals in these organizations are properly identified. Proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
- A person who provides proper identification that that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For the purposes of this exemption proper identification includes an Armed Forces Identification or other written documentation certifying that he person is an honorably discharged member.
- Makes conforming changes to the age requirements for an application for the granting of serial number by the Department of Justice (DOJ) to persons wishing to manufacture or assemble a firearm.
EXISTING LAW:
- Prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years.
- Prohibits any person from making an application to purchase more than one handgun within any 30-day period.
- Exempts from the above 30-day prohibition any of the following:
- Any law enforcement agency;
- Any agency duly authorized to perform law enforcement duties;
- Any state or local correctional facility;
- Any private security company licensed to do business in California;
- Any person who is a peace officer, as specified, and is authorized to carry a firearm in the course and scope of employment;
- Any motion picture, television, video production company or entertainment or theatrical company whose production by its nature involves a firearm;
- Any authorized representative of a law enforcement agency, or a federally licensed firearms importer or manufacturer;
- Any private party transaction conducted through a licensed firearms dealer;
- Any person who is a licensed collector and has a current certificate of eligibility issued by the Department of Justice (DOJ);
- The exchange, replacement, or return of a handgun to a licensed dealer within the 30-day period; and,
- A community college that is certified by the Commission on Peace Officer Standards and Training (POST) to present law enforcement academy basic course or other commission- certified training.
- Prohibits a handgun from being delivered when a licensed firearms dealer is notified by the DOJ that within the preceding 30-day period the purchaser has made another application to purchase a handgun and the purchase was not exempted, as specified.
- Provides that the penalties for making more than one application to purchase a handgun within any 30-day period is as follows:
- A first violation is an infraction punishable by a fine of $50;
- A second violation is an infraction punishable by a fine of $100; and,
- A third violation is a misdemeanor.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- General Fund costs of $342,000 in 2018-19, $654,000 in 2019-20, and $556,000 in 2020-21 and ongoing for the Department of Justice (DOJ) to hire three additional staff and pay for overtime and other cost associated with increased workload to update and maintain information technology systems and criminal records systems.
- DOJ anticipates annual losses of $152,000 in revenue to the Dealers Record of Sale Fund, $75,000 to the Firearms Safety and Enforcement Special Fund, and $8,000 to the Firearms Safety Account from a reduction in submissions resulting from the increased minimum age to purchase long-guns.
COMMENTS: According to the author, "Raising the age limit to 21 years of age to purchase a firearm and having the one gun a month law apply to all firearms insures we as Californians are taking proper steps toward public safety. While Washington continues to be unable to pass prudent gun legislation it is imperative that California steps up. Young people across America are demanding that legislators respond to the crisis of gun violence on campuses. As a dad and a legislator I am determined to build on their leadership and help California act appropriately."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004600
SENATE THIRD READING
STR Bill Id:SB 1100
Author:(Portantino)
As Amended Ver:June 28, 2018
Majority vote
SENATE VOTE: 24-10
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Carrillo, Kamlager-Dove, Quirk, Santiago | Lackey, Kiley |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Increases the age for which a person can purchase a long-gun from a licensed dealer from 18 to 21 years of age, except as specified. Specifically, this bill:
- Exempts the sale of a firearm, that is not a handgun, to the following persons that are 18 years of age or older:
- A person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife;
- An active peace officer, who is authorized to carry a firearm in the course and scope of his or her employment;
- An active federal officer, or law enforcement agent, who is authorized to carry a firearm in the course and scope of his or her employment;
- A reserve peace officer, who is authorized to carry a firearm in the course and scope of his or her employment; and,
- An active member of the United States Armed Forces, the National Guard, the Air national Guard, or the active reserve components of the United States, where the individuals in these organizations are properly identified. Proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
- A person who provides proper identification that that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For the purposes of this exemption proper identification includes an Armed Forces Identification or other written documentation certifying that he person is an honorably discharged member.
- Makes conforming changes to the age requirements for an application for the granting of serial number by DOJ to persons wishing to manufacture or assemble a firearm.
EXISTING LAW:
- Prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years.
- Prohibits any person from making an application to purchase more than one handgun within any 30-day period.
- Exempts from the above 30-day prohibition any of the following:
- Any law enforcement agency;
- Any agency duly authorized to perform law enforcement duties;
- Any state or local correctional facility;
- Any private security company licensed to do business in California;
- Any person who is a peace officer, as specified, and is authorized to carry a firearm in the course and scope of employment;
- Any motion picture, television, video production company or entertainment or theatrical company whose production by its nature involves a firearm;
- Any authorized representative of a law enforcement agency, or a federally licensed firearms importer or manufacturer;
- Any private party transaction conducted through a licensed firearms dealer;
- Any person who is a licensed collector and has a current certificate of eligibility issued by the Department of Justice (DOJ);
- The exchange, replacement, or return of a handgun to a licensed dealer within the 30-day period; and,
- A community college that is certified by the Commission on Peace Officer Standards and Training (POST) to present law enforcement academy basic course or other commission- certified training.
- Prohibits a handgun from being delivered when a licensed firearms dealer is notified by the DOJ that within the preceding 30-day period the purchaser has made another application to purchase a handgun and the purchase was not exempted, as specified.
- Provides that the penalties for making more than one application to purchase a handgun within any 30-day period is as follows:
- A first violation is an infraction punishable by a fine of $50;
- A second violation is an infraction punishable by a fine of $100; and,
- A third violation is a misdemeanor.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- General Fund costs of $342,000 in 2018-19, $654,000 in 2019-20, and $556,000 in 2020-21 and ongoing for the Department of Justice (DOJ) to hire three additional staff and pay for overtime and other cost associated with increased workload to update and maintain information technology systems and criminal records systems.
- DOJ anticipates annual losses of $152,000 in revenue to the Dealers Record of Sale Fund, $75,000 to the Firearms Safety and Enforcement Special Fund, and $8,000 to the Firearms Safety Account from a reduction in submissions resulting from the increased minimum age to purchase long-guns.
COMMENTS: According to the author, "Raising the age limit to 21 years of age to purchase a firearm and having the one gun a month law apply to all firearms insures we as Californians are taking proper steps toward public safety. While Washington continues to be unable to pass prudent gun legislation it is imperative that California steps up. Young people across America are demanding that legislators respond to the crisis of gun violence on campuses. As a dad and a legislator I am determined to build on their leadership and help California act appropriately."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004093
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1100
Author:(Portantino) – As Amended Ver:June 28, 2018
Policy Committee: | Public Safety | Vote: | 5 - 2 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill increases, from 18 to 21 years, the age at which a person can purchase a long-gun from a licensed dealer, except as specified.
FISCAL EFFECT:
- GF costs of $342,000 in 2018-19, $654,000 in 2019-20, and $556,000 in 2020-21 and ongoing for the Department of Justice (DOJ) to hire three additional staff and pay for overtime and other cost associated with increased workload to update and maintain information technology systems and criminal records systems.
- DOJ anticipates annual losses of $152,000 in revenue to the Dealers Record of Sale Fund, $75,000 to the Firearms Safety and Enforcement Special Fund, and $8,000 to the Firearms Safety Account from a reduction in submissions resulting from the increased minimum age to purchase long-guns.
COMMENTS:
- Background and purpose. Under current law, people under the age of 21 years are prohibited from purchasing a handgun. However, the minimum age to purchase a long-gun, such as a riffle, is 18 years. This bill will increase the minimum age to purchase a long-gun, with certain exceptions, to provide parity with the state’s existing handgun laws. According to the author:
Raising the age limit to 21 years of age to purchase a firearm and having the one gun a month law apply to all firearms insures we as Californians are taking proper steps toward public safety. While Washington continues to be unable to pass prudent gun legislation it is imperative that California steps up. Young people across America are demanding that legislators respond to the crisis of gun violence on campuses. As a dad and a legislator I am determined to build on their leadership and help California act appropriately.
- Related legislation.
AB 3 (Bonta), of the current legislative session, is similar to this bill in that it prohibits the sale of any firearm to a person under 21 years of age. AB 3 is currently on the Senate Appropriations Committee’s suspense file.
SB 1177 (Portantino), of the current legislative session, expands existing restrictions limiting people to the purchase of no more than one handgun per month to all firearms, including long-guns. SB 1177 is pending hearing in this committee.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 19, 2018
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1100
Author:(Portantino) – As Amended Ver:June 11, 2018
SUMMARY: Increases the age for which a person can purchase a long-gun from a licensed dealer from 18 to 21 years of age, except as specified. Specifically, this bill:
- Exempts the sale of a firearm, that is not a handgun, to the following persons that are 18 years of age or older:
- A person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife;
- An active peace officer, who is authorized to carry a firearm in the course and scope of his or her employment;
- An active federal officer, or law enforcement agent, who is authorized to carry a firearm in the course and scope of his or her employment;
- A reserve peace officer, who is authorized to carry a firearm in the course and scope of his or her employment; and,
- An active member of the United States Armed Forces, the National Guard, the Air national Guard, or the active reserve components of the United States, where the individuals in these organizations are properly identified. Proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
- A person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife;
- Makes conforming changes to the age requirements for an application for the granting of serial number by DOJ to persons wishing to manufacture or assemble a firearm.
EXISTING LAW:
- Prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years. (Pen. Code § 27510.)
- Prohibits any person from making an application to purchase more than one handgun within any 30-day period. (Pen. Code, § 27535, subd. (a).)
- Exempts from the above 30-day prohibition any of the following:
- Any law enforcement agency;
- Any agency duly authorized to perform law enforcement duties;
- Any state or local correctional facility;
- Any private security company licensed to do business in California;
- Any person who is a peace officer, as specified, and is authorized to carry a firearm in the course and scope of employment;
- Any motion picture, television, video production company or entertainment or theatrical company whose production by its nature involves a firearm;
- Any authorized representative of a law enforcement agency, or a federally licensed firearms importer or manufacturer;
- Any private party transaction conducted through a licensed firearms dealer;
- Any person who is a licensed collector and has a current certificate of eligibility issued by the Department of Justice (DOJ);
- The exchange, replacement, or return of a handgun to a licensed dealer within the 30-day period; and,
- A community college that is certified by the Commission on Peace Officer Standards and Training (POST) to present law enforcement academy basic course or other commission- certified training. (Pen. Code, § 27535, subd. (b).)
- Any law enforcement agency;
- Prohibits a handgun from being delivered when a licensed firearms dealer is notified by the DOJ that within the preceding 30-day period the purchaser has made another application to purchase a handgun and the purchase was not exempted, as specified. (Pen. Code, § 27540, subd. (f).
- Provides that the penalties for making more than one application to purchase a handgun within any 30-day period is as follows:
- A first violation is an infraction punishable by a fine of fifty dollars ($50);
- A second violation is an infraction punishable by a fine of one hundred ($100); and,
- A third violation is a misdemeanor. (Pen. Code, § 27590, subd. (e)(1)-(3).)
- A first violation is an infraction punishable by a fine of fifty dollars ($50);
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, "Raising the age limit to 21 years of age to purchase a firearm and having the one gun a month law apply to all firearms insures we as Californians are taking proper steps toward public safety. While Washington continues to be unable to pass prudent gun legislation it is imperative that California steps up. Young people across America are demanding that legislators respond to the crisis of gun violence on campuses. As a dad and a legislator I am determined to build on their leadership and help California act appropriately."
- Argument in Support: According to the California Chapters of the Brady Campaign to Prevent Gun Violence, "Existing law prohibits the sale or transfer of a handgun to any person below the age of 21 years. SB 1100 will similarly prohibit, with exceptions, the sale or transfer of a long gun by a licensed firearm dealer to a person under age of 21. Additionally, the bill will require those who manufacture or assemble a long gun to be at least 21 years old in order to obtain a serial number for the firearm and register it with the California Department of Justice. These provisions makes sense as those under age 21 are disproportionally linked to crime. In 2015, 23.4 percent of those arrested for murder and non-negligent manslaughter in the U.S. were under 21 and 26.5 percent of those arrested for ''weapons carrying, possession, etc.'' were under age 21. Individuals age 18 to 20 compromise only 4% of the population but commit 17% of gun homicides.
"Maturity, impulsive or reckless behavior, and responsibility vary greatly among 18-20 year olds. This is recognized in other areas – those under age 21 cannot buy alcohol, rent a car, or purchase a handgun – and the same age restriction should apply to long guns.
- Argument in Opposition: According to the Outdoor Sportsmen's Coalition of California, "SB 1100 would needlessly raise the age for purchasing a rifle or shotgun from 18 to 21onth.
"Rather than raise the minimum age for lawful individuals to purchase a rifle or shotgun, or limit such purchases to one firearm per month, experience with mass homicides and other crimes involving firearms has clearly shown that the focus should be on preventing criminals and individuals suffering from mental illness from acquiring firearms, not on those who are not a part of the problem.
"Persons who have an intent to commit such crimes, or other illegal acts involving the use of a firearm, will always be able to obtain firearms through unlawful sources without going through a licensed firearms dealer.
"The restrictions proposed in SB 1100 will not prevent it.
- Related Legislation: AB 3 (Bonta) is similar to this bill in that it prohibits the sale of any firearm to a person under 21 years of age. AB 3 is pending hearing in the Senate public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chapters of the Brady Campaign to prevent Gun Violence
Giffords Law Center to Prevent Gun Violence
American Academy of Pediatrics
Bay Area Student Activists
City of Santa Monica
Opposition
California Sportsman's Lobby
Gun Owners of California
Firearms Policy Coalition
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
California Sportsman's Lobby
National Shooting Sports Foundation
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1100
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/17/18
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Nielsen
NO VOTE RECORDED: Bates
DIGEST:
This bill extends the prohibition on purchasing more than one handgun a month to include all firearms and increases the age from 18 to 21 years for a person to purchase a firearm from a licensed dealer.
Existing law:
- Prohibits a person from making more than one application to purchase a handgun within any 30-day period. (Pen. Code § 27535.)
- Prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice (DOJ) that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. (Pen. Code § 27540.)
- Exempts the following from the one handgun a month prohibition: (Pen. Code, § 27535, subd. (b).)
- Any law enforcement agency.
- Any agency duly authorized to perform law enforcement duties.
- Any state or local correctional facility.
- Any private security company licensed to do business in California.
- Any person who is properly identified as a full-time paid peace officer and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
- Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
- Any person who may make a valid claim an exemption from the waiting period set forth in Section 27540.
- Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
- Any person who is licensed as a collector and has a current certificate of eligibility issued by DOJ.
- The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
- The replacement of a handgun when the person’s handgun was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.
- The return of any handgun to its owner.
- A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
- Prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years. (Pen. Code § 27510.)
- Prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person below the age of 18 years. (Pen. Code § 27510.)
This bill:
- Extends the prohibition on purchasing more than one handgun a month to all firearms, including long guns.
- Adds the following exceptions to the one gun a month prohibition:
- The purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
- The acquisition of a firearm, other than a handgun, at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation.
- Prohibits the sale or transfer by a licensed dealer of a long gun to a person below the age of 21 years, increasing the age from 18 years to 21 years of age. This bill exempts long gun purchases or transfers when the purchaser or transferee has a valid, unexpired hunting permit.
Background
According to the Senate Public Safety Committee analysis of AB 202 (Knox, Chapter 128, Statutes of 1999), which created the one-handgun-a-month law in California:
The State of Virginia enacted a “one-handgun-a-month” law in 1993 (before the Federal Brady Bill, which required at least a five day waiting period plus a background check for states without such requirements). That state had weak restrictions on handgun sales and it has been stated that gun traffickers from New York City routinely traveled to Virginia to purchase quantities of weapons to take back for illegal sale in other states. Purchases of more than one handgun per 30-day period in Virginia is allowed upon completion of an "enhanced" background check when the purchase is for lawful business or personal use, for purposes of collectors, bulk sales and purchases from estates, to replace a lost or stolen weapon, and similar situations.
Supporters of limits on purchases of handguns assume that the Virginia limits and the limits in this bill would only affect a very small proportion of legitimate handgun purchasers. A family of two adults could still purchase 24 handguns a year under the provisions of both this bill and the Virginia law.
Virginia repealed this law in 2012. But, according to the Law Center to Prevent Gun Violence:
Virginia’s one-gun-a-month law – which was in effect from 1993 to 2012 and prohibited the purchase of more than one handgun per person in any 30-day period – significantly reduced the number of crime guns traced to Virginia dealers. Virginia initially adopted its law after the state became recognized as a primary source of crime guns recovered in states in the northeastern U.S. After the law’s adoption, the odds of tracing a gun originally acquired in the Southeast to a Virginia gun dealer (as opposed to a dealer in a different southeastern state) dropped by:
- 71% for guns recovered in New York;
- 72% for guns recovered in Massachusetts; and
- 66% for guns recovered in New Jersey, New York, Connecticut, Rhode Island and Massachusetts combined.
(http://smartgunlaws.org/multiple-purchases-sales-of-firearms-policy-summary/ [footnotes omitted].)
Other states that have limits on the number of firearms that can be sold in one month include:
- California: California law prohibits any person from purchasing more than one handgun within any 30-day period. In addition, a licensed firearms dealer may not deliver a handgun to any person following notification from DOJ that the purchaser has applied to acquire a handgun within the preceding 30-day period. Finally, firearms dealers must conspicuously post in their licensed premises a warning, in block letters at least one inch in height, notifying purchasers of these restrictions.
- District of Columbia: A person may not register more than one handgun in the District during any 30-day period. Since every handgun must be registered, this amounts to a purchase and sale limitation of one handgun per 30-day period. . .
- Maryland: Maryland prohibits any person from purchasing more than one handgun or assault weapon within a 30-day period. Under limited circumstances, a person may be approved by the Secretary of the Maryland State Police to purchase multiple handguns or assault weapons in a 30-day period. Maryland also penalizes any dealer or other seller who knowingly participates in an illegal purchase of a handgun or assault weapon. . .
- New Jersey: New Jersey prohibits licensed firearms dealers from knowingly delivering more than one handgun to any person within any 30-day period. With limited exceptions, no person may purchase more than one handgun within any 30-day period. New Jersey requires a handgun purchaser to obtain a separate permit for each handgun purchased, and present the permit to the seller. The seller must keep a copy of each permit presented.
(http://smartgunlaws.org/multiple-purchases-sales-of-firearms-policy-summary/[footnotes omitted].)
Increasing the Age for Purchase of Long Guns
This bill increases the minimum age from 18 to 21 years for a person to purchase all firearms in California. The age restriction would also impact the ability to transfer a weapon. Under current law a person must be 21 years of age to purchase a handgun, and this bill applies those same rules to the purchase and transfer of all firearms (including long guns). This bill creates an exception to this rule when the purchaser or transferee has a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
On February 14, 2018 Nikolas Cruz shot and killed seventeen people and wounded an additional 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. The perpetrator was 19-years old at the time of the incident, and he used assault rifles. Following the incident Florida passed legislation to increase the minimum age for buying rifles to 21 years. The National Rifle Association challenged the law and filed a lawsuit in the United States District Court for the Northern District of Florida alleging that the ban on gun sales to people under 21 years of age is unconstitutional because it violates their rights under the Second and Fourteenth Amendments to the U.S. Constitution because 18-year-olds are classified as adults.
On March 1, 2018, George Skelton wrote an editorial for the LA Times on this bill. He stated the following regarding this provision:
In Sacramento, state Sen. Anthony Portantino (D-La Cañada Flintridge) proposes taking an even bigger step. He introduced legislation Wednesday to increase the legal age to 21 in California for buying any gun, including a shotgun or rifle with low ammo capacity. A shooter with a hunting license would be exempt because he'd taken a gun safety course.
What about a skeet shooter? Or someone who just likes to plink tin cans out by the barn?
Doesn't make sense that an 18-year-old can enlist in the Army and be armed with an automatic M-16 to fight terrorists, but can't buy a bolt-action plinker back home until he's 21.
In Florida, where the gun lobby usually prevails in the Legislature, a House committee bucked the NRA on Tuesday and approved a bill to raise the rifle-buying age from 18 to 21. This came after emotional testimony from parents of students killed in the school shooting.
The committee also voted to allow arming of teachers. But it rejected a ban on assault weapons.
Everyone needs to get their priorities straight: Let the teachers teach. Treat 18-year-olds like adults. Get rid of all assault weapons.
However, there are a number of instances when lawmakers have limited the ability of person’s under the age of 21 to engage in activities which are otherwise lawful. Notably, persons under the age of 21 are not allowed to ingest alcohol or marijuana under California law.
California Hunting Licenses
This bill creates an exemption from the prohibition on persons under the age of 21 purchasing or receiving a long gun if the person under the age of 21 has a valid, unexpired hunting license. In order to obtain a hunting license in California a person must:
- Complete the California Hunter Education Certification requirements.
- Choose the correct type of hunting license.
- Purchase a license through the California Department of Fish and Wildlife website or a California approved agent.
The Official California Hunter Safety Course is an online course that costs $28.95. There is no minimum age for the course. The course requires a follow-up course that is a four-hour review of the online course with a certified hunter education instructor. The course includes a student demonstration of safe firearm handling and a test. Following completion of the follow-up course the enrollee receives a Hunter Education Certificate.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- DOJ: One-time costs of about $350,000 to modify the various firearm databases impacted by this measure and minor and absorbable ongoing costs. (special fund*)
- Revenue loss: The Bureau of Firearms within DOJ estimates an anticipated decrease in revenue of about $2.2 million annually resulting from a reduction in Dealer Record of Sale submissions because of the limitation on long gun purchases per month. (special fund*) Additionally, there would be unknown but potentially-significant loss of sales tax revenue due to the expansion of the 30-day single purchase restriction to include all firearms, including long guns. (General Fund, various funds)
- Court: Unknown, potentially-significant cost pressures to the court to adjudicate charges brought against dealers who sell or transfer a long gun to a person under age 21, except of specified, as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund**)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue.
California Chapters of the Brady Campaign
City of Santa Monica
Giffords Law Center to Prevent Gun Violence
OPPOSITION: (Verified 5/25/18)
California Sportsmen’s Lobby
Firearms Policy Coalition
National Shooting Sports Foundation
Outdoor Sportsmen’s Coalition of California
Safari Club International
5/26/18 15:11:25
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1100 (Portantino) - Firearms: transfers
Version: March 19, 2018 | Policy Vote: PUB. S. 5 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: April 30, 2018 | Consultant: Shaun Naidu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1100 would prohibit the purchase or receipt of more than one long gun a month, except as specified, and would increase the minimum age requirement to purchase a long gun from 18 to 21 years of age, except as specified.
Fiscal Impact:
- Department of Justice (DOJ): One-time costs of about $350,000 to modify the various firearm databases impacted by this measure and minor and absorbable ongoing costs. (special fund*)
- Revenue loss: The Bureau of Firearms within DOJ estimates an anticipated decrease in revenue of about $2.2 million annually resulting from a reduction in Dealer Record of Sale (DROS) submissions because of the limitation on long gun purchases per month. (special fund*) Additionally, there would be unknown but potentially-significant loss of sales tax revenue due to the expansion of the 30-day single purchase restriction to include all firearms, including long guns. (General Fund, various funds)
- Court: Unknown, potentially-significant cost pressures to the court to adjudicate charges brought against dealers who sell or transfer a long gun to a person under age 21, except of specified, as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund**)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of conduct proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue.
*DROS Account—Staff notes that this account is structurally imbalanced.
**Trial Court Trust Fund
Background:
Existing law prohibits any person from applying to purchase more than one handgun within any 30-day period with certain specified exceptions. The exceptions to this prohibition are as follows:
- Any law enforcement agency
- Any agency duly authorized to perform law enforcement duties
- Any state or local correctional facility
- Any private security company licensed to do business in California
- Any person who is properly identified as a full-time paid peace officer, as defined, and who is authorized to, and does, carry a firearm during the course and scope of employment as a peace officer
- Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm
- Any person who may claim an exemption from the waiting period set forth in statute
- Any transaction conducted through a licensed firearms dealer for private party transactions
- Any person who is licensed as a collector and has a current certificate of eligibility issued by DOJ
- The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement
- The replacement of a handgun when the person’s handgun was lost or stolen, and the person reported that firearm lost or stolen prior to completing the handgun purchase application to a local law enforcement agency, as specified.
- The return of any handgun to its owner
- A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training
There is a graduated penalty structure for applying for more than one handgun within a 30-day period outside of the excepted situations. The first violation is an infraction punishable by a base fine of $50; a second violation is an infraction punishable by a base fine of $100; and a third or subsequent violation is a misdemeanor that is punishable of imprisonment in the county jail for up to six months and/or a base fine of up to $1,000. Additionally, each application to purchase a handgun in violation of the 30-day purchase prohibition is deemed a separate offense.
A firearms dealer is prohibited from selling, supplying, delivering, or giving possession or control of a handgun to a person under 21 years of age or any other firearm to a person under 18 years of age. A violation of this prohibition is a felony that is punishable by imprisonment for two, three, or four years pursuant to the 2011 Realignment Legislation if the firearm was delivered to someone who the dealer knew or should have known is a minor or a misdemeanor that is punishable by imprisonment in county jail for up to one year and/or a base fine of up to $1,000 regarding the delivery of a handgun. The punishment is increased to an alternate felony/misdemeanor if the transferred firearm was used in a subsequent felony for which a person was convicted and a sentence was imposed.
Proposed Law:
This bill would extend the 30-day limitation and the dealer-delivery prohibition related to handguns to all types of firearms. It also would except from those prohibitions the purchase of a non-handgun firearm by a person who possesses a valid, unexpired hunting license issued by the state and the acquisition of a non-handgun firearm at specified charity fundraising events. Additionally, SB 1100 would prohibit the sale or transfer of any firearm by a licensed dealer, except as specified, to any person younger than 21 years of age. Lastly, it would make conforming changes related to age restrictions on the issuance of a serial number by DOJ for an assembled firearm, colloquially known as a ghost gun.
Related Legislation:
AB 1674 (Santiago, 2015) would have prohibited the purchase of more than one long gun within any 30-day period. AB 1674 was vetoed by the governor, as he believed that the bill “would have the effect of burdening lawful citizens who wish to sell certain firearms that they no longer need. He also stated that the additional restriction was not needed “given California's stringent laws restricting gun ownership.”
AB 202 (Knox, Ch. 128, Stats. 1999) limited the purchase of handguns to no more than one in a 30-day period per person.
Staff Comments:
All implementation costs borne by DOJ resulting from this measure would be funded through the DROS Account, which is structurally imbalanced. The 2018-19 proposed expenditure from the account exceeds the estimated revenue by over $700,000, leaving a diminished estimated reserve of $5.5 million. As DOJ estimates a loss of $2.2 million in revenue to the DROS Account due to the prohibition on purchasing more than one firearm within a month should this bill become law, another funding source, potentially the General Fund, may be needed to backfill the current and any new workload requirements funded from the DROS Account due to the imbalance of the fund.
Additionally, as SB 1100 would take effect on January 1, 2019 if it was signed into law, DOJ would need a specific appropriation from the DROS Account to allow it to commence work immediately to update the databases impacted by this bill.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1100 Hearing Date: April 17, 2018
Author: | Portantino | ||
Version: | March 19, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Firearms: Transfers
HISTORY
Source: Author
Prior Legislation: AB 1674 (Santiago), 2015, vetoed
AB 202 (Knox), Ch. 128, Stats. of 1999
Support: California Chapters of the Brady Campaign; Giffords Law Center to Prevent Gun Violence
Opposition: Firearms Policy Coalition
PURPOSE
The purpose of this bill is to extend the prohibition on purchasing more than one handgun a month to include all firearms and increases the age from 18 to 21 years for a person to purchase a firearm from a licensed dealer.
Existing law prohibits a person from making more than one application to purchase a handgun within any 30-day period. (Pen. Code § 27535.)
Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. (Pen. Code § 27540.)
This bill extends the prohibition on purchasing more than one handgun a month to all firearms, including long guns.
Existing law exempts the following from the one handgun a month prohibition: (Pen. Code, § 27535, subd. (b).)
- Any law enforcement agency.
- Any agency duly authorized to perform law enforcement duties.
- Any state or local correctional facility.
- Any private security company licensed to do business in California.
- Any person who is properly identified as a full-time paid peace officer and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
- Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
- Any person who may make a valid claim an exemption from the waiting period set forth in Section 27540.
- Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
- Any person who is licensed as a collector and has a current certificate of eligibility issued by the Department of Justice.
- The exchange of a handgun where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
- The replacement of a handgun when the person’s handgun was lost or stolen, and the person reported that firearm lost or stolen prior to the completion of the application to purchase to any local law enforcement agency of the city, county, or city and county in which the person resides.
- The return of any handgun to its owner.
- A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
This bill adds the following exceptions to the one gun a month prohibition:
- The purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
- The acquisition of a firearm, other than a handgun, at an auction or similar event conducted by a nonprofit public benefit or mutual benefit corporation to fund the activities of that corporation or local chapters of that corporation.
Existing law prohibits the sale or transfer of a handgun, except as specifically exempted, to any person below the age of 21 years. (Pen. Code § 27510.)
Existing law also prohibits the sale or transfer of a firearm, other than a handgun, except as specifically exempted, to any person below the age of 18 years. (Pen. Code § 27510.)
This bill prohibits the sale or transfer by a licensed dealer of a long gun to a person below the age of 21 years, increasing the age from 18 years to 21 years of age. The bill exempts long gun purchases or transfers when the purchaser or transferee has a valid, unexpired hunting permit.
COMMENTS
- Need for This Bill
According to the author:
While handguns are used in the majority of gun deaths, long guns have been used to perpetrate many of the largest mass shootings in U.S. history, including the tragic event that took place in San Bernardino, California.
California is home to the most stringent gun laws in the county. One example is requiring an individual to be 21 years of age in order to purchase a handgun. Another is the general limitation on a gun dealer delivery of only one handgun to an individual in a 30 day period.
Since these laws have taken effect, data shows that there has been a successful reduction in the incidence of gun trafficking while not burdening legitimate gun owners or persons who wish to acquire guns.
In order to be uniformly consistent, California should apply the 30 day delivery period and 21 year age limit to long guns.
Firearms will not be delivered whenever the dealer is notified by the DOJ that within the preceding 30-day period the purchaser has made another application to purchase a firearm. In addition, because of the interaction of state and federal law, receivers or frames (the gun minus the barrel) are also applicable to the 30-day purchase period. This bill will also define a frame or a receiver of a firearm.
Lastly, this bill would also prohibit the sale or transfer of any firearm by a licensed dealer, except as specially exempted, to any person below the age of 21 years.
- One Gun a Month
According to the Senate Public Safety Analysis of Assembly Bill 202 (Knox, of 1999), which created the one-handgun-a-month law in California:
The State of Virginia enacted a “one-handgun-a-month” law in 1993 (before the Federal Brady Bill, which required at least a five day waiting period plus a background check for states without such requirements). That state had weak restrictions on handgun sales and it has been stated that gun traffickers from New York City routinely traveled to Virginia to purchase quantities of weapons to take back for illegal sale in other states. Purchases of more than one handgun per 30-day period in Virginia is allowed upon completion of an "enhanced" background check when the purchase is for lawful business or personal use, for purposes of collectors, bulk sales and purchases from estates, to replace a lost or stolen weapon, and similar situations.
Supporters of limits on purchases of handguns assume that the Virginia limits and the limits in this bill would only affect a very small proportion of legitimate handgun purchasers. A family of two adults could still purchase 24 handguns a year under the provisions of both this bill and the Virginia law.
Virginia repealed this law in 2012. But, according to the Law Center to Prevent Gun Violence:
Virginia’s one-gun-a-month law – which was in effect from 1993 to 2012 and prohibited the purchase of more than one handgun per person in any 30-day period – significantly reduced the number of crime guns traced to Virginia dealers. Virginia initially adopted its law after the state became recognized as a primary source of crime guns recovered in states in the northeastern U.S. After the law’s adoption, the odds of tracing a gun originally acquired in the Southeast to a Virginia gun dealer (as opposed to a dealer in a different southeastern state) dropped by:
- 71% for guns recovered in New York;
- 72% for guns recovered in Massachusetts; and
- 66% for guns recovered in New Jersey, New York, Connecticut, Rhode Island and Massachusetts combined.
(http://smartgunlaws.org/multiple-purchases-sales-of-firearms-policy-summary/ [footnotes omitted].)
Other states that have limits on the number of firearms that can be sold in one month include:
California: California law prohibits any person from purchasing more than one handgun within any 30-day period. In addition, a licensed firearms dealer may not deliver a handgun to any person following notification from the California Department of Justice that the purchaser has applied to acquire a handgun within the preceding 30-day period. Finally, firearms dealers must conspicuously post in their licensed premises a warning, in block letters at least one inch in height, notifying purchasers of these restrictions.
District of Columbia: A person may not register more than one handgun in the District during any 30-day period. Since every handgun must be registered, this amounts to a purchase and sale limitation of one handgun per 30-day period. . .
Maryland: Maryland prohibits any person from purchasing more than one handgun or assault weapon within a 30-day period. Under limited circumstances, a person may be approved by the Secretary of the Maryland State Police to purchase multiple handguns or assault weapons in a 30-day period. Maryland also penalizes any dealer or other seller who knowingly participates in an illegal purchase of a handgun or assault weapon. . .
New Jersey: New Jersey prohibits licensed firearms dealers from knowingly delivering more than one handgun to any person within any 30-day period. With limited exceptions, no person may purchase more than one handgun within any 30-day period. New Jersey requires a handgun purchaser to obtain a separate permit for each handgun purchased, and present the permit to the seller. The seller must keep a copy of each permit presented.
(http://smartgunlaws.org/multiple-purchases-sales-of-firearms-policy-summary/[footnotes omitted].)
Senate Bill 1674 (Santiago), of 2015: Veto Message
The Governor stated in his veto message of Senate Bill 1674, which would have prohibited any person from making an application to purchase more than one firearm within any 30-day period:
This bill generally prohibits the purchase of more than one firearm within any 30-day period. It should be noted that California already bans the purchase of more than one handgun per month.
While well-intentioned, I believe this bill would have the effect of burdening lawful citizens who wish to sell certain firearms that they no longer need.
Given California's stringent laws restricting gun ownership, I do not believe this additional restriction is needed.
- Increasing the Age for Purchase of Long Guns
This bill would increase the minimum age from 18 to 21 years for a person to purchase all firearms in California. The age restriction would also impact the ability to transfer a weapon. Under current law a person must be 21 years of age to purchase a handgun, and this bill applies those same rules to the purchase and transfer of all firearms (including long guns). The bill creates an exception to this rule when the purchaser or transferee has a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
On February 14, 2018 Nikolas Cruz shot and killed seventeen people and wounded an additional seventeen people at Marjory Stoneman Douglas High School in Parkland, Florida. The perpetrator was 19-years old at the time of the incident, and he used assault rifles. Following the incident Florida passed legislation to increase the minimum age for buying rifles to 21-years. The National Rifle Association challenged the law and filed a lawsuit in the United States District court for the Northern District of Florida alleging that the ban on gun sales to people under 21 years of age is unconstitutional because it violates their rights under the Second and Fourteenth Amendments to the U.S. Constitution because 18-year-olds are classified as adults.
On March 1, 2018 George Skelton wrote an editorial for the LA Times[1] on this bill. He stated the following regarding this provision:
In Sacramento, state Sen. Anthony Portantino (D-La Cañada Flintridge) proposes taking an even bigger step. He introduced legislation Wednesday to increase the legal age to 21 in California for buying any gun, including a shotgun or rifle with low ammo capacity. A shooter with a hunting license would be exempt because he'd taken a gun safety course.
What about a skeet shooter? Or someone who just likes to plink tin cans out by the barn?
Doesn't make sense that an 18-year-old can enlist in the Army and be armed with an automatic M-16 to fight terrorists, but can't buy a bolt-action plinker back home until he's 21.
In Florida, where the gun lobby usually prevails in the Legislature, a House committee bucked the NRA on Tuesday and approved a bill to raise the rifle-buying age from 18 to 21. This came after emotional testimony from parents of students killed in the school shooting.
The committee also voted to allow arming of teachers. But it rejected a ban on assault weapons.
Everyone needs to get their priorities straight: Let the teachers teach. Treat 18-year-olds like adults. Get rid of all assault weapons.
However, there are a number of instances when lawmakers have limited the ability of person’s under the age of 21 to engage in activities which are otherwise lawful. Notably, persons under the age of 21 are not allowed to ingest alcohol or marijuana under California law.
- California Hunting Licenses
This bill creates an exemption from the prohibition on persons under the age of 21 purchasing or receiving a long gun if the person under the age of 21 has a valid, unexpired hunting license. In order to obtain a hunting license in California a person must:
- Complete the California Hunter Education Certification requirements
- Choose the correct type of hunting license.
- Purchase a license through the California Department of Fish and Wildlife website or a California approved agent.
The Official California Hunter Safety Course is an online course that costs $28.95. There is no minimum age for the course. The course requires a follow-up course that is a 4-hour review of the online course with a certified hunter education instructor. The course includes a student demonstration of safe firearm handling and a test. Following completion of the follow-up course the enrollee receives a Hunter Education Certificate.
- Argument in Support
According to the California Chapters of the Brady Campaign:
The California Brady Campaign generally believes that handguns and long guns (rifles, shotguns and lower receivers) should be subject to the same laws. Modern sporting rifles are often high powered semi-automatic weapons with exchangeable magazines that can pose a greater threat than handguns. In the early 1990s, it was thought that handguns made up an overwhelming share of crime guns, but the data shows that is no longer the case. Of the 26,682 crime guns entered into the Department of Justice Firearms Systems database in 2009, 11,500 were long guns.[2]
Existing law prohibits the sale or transfer of a handgun to a person below the age of 21 years. SB 1100 will similarly prohibit, with exceptions, the sale or transfer of a long gun by a licensed firearm dealer to a person under age 21. Additionally, the bill will require those who manufacture or assemble a long gun to be at least 21 years old in order to obtain a serial number for the firearm and register it with the California Department of Justice. These provisions makes sense as those under age 21 are disproportionally linked to crime. In 2015, 23.4 percent of those arrested for murder and non-negligent manslaughter in the U.S. were under 21[3] and 26.5 percent of those arrested for “weapons carrying, possession, etc.” were under age 21.[4] Individuals age 18 to 20 comprise only 4% of the population but commit 17% of gun homicides.[5]
Maturity, impulsive or reckless behavior, and responsibility vary greatly among 18-20 year olds. This is recognized in other areas – those under age 21 cannot buy alcohol, rent a car, or purchase a handgun – and the same age restriction should apply to long guns.
Additionally, SB 1100 will limit purchases of long guns from licensed firearms dealers in California to no more than one gun per person per 30-day period, with appropriate exemptions. This is current law for handguns and is a recognized strategy for curbing the illegal flow of guns by taking the profit out of selling guns from bulk purchases on the black market. It stands to reason that a person buying large quantities of guns at one time may be acting as a straw purchaser or gun trafficker. Moreover, many of these bulk purchases are for lower receivers, which can be built up into military-style weapons and sold for a big profit. Firearms acquired in bulk are frequently used in crime. A University of Pennsylvania report found that a quarter of all guns used in crime were purchased as part of a multiple-gun sale and that guns purchased in bulk were up to 64% more likely to be used for illegal purposes than guns purchased individually.[6] Limiting multiple-gun sales within a short period of time for all firearm, including long guns, is clearly in the interest of public safety.
-- END –
http://www.latimes.com/politics/la-pol-ca-skelton-guns-schools-teachers-20180301-story.html ↑
Data provided by the California Department of Justice, April 6, 2010. ↑
FBI 2015 Crime in the United States, https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015/tables/table-41. ↑
Ibid. ↑
“Uniform Crime Reporting Program Data: Supplementary Homicide Reports, 2015,” US Department of Justice, Federal Bureau of Investigation, https://ucr.fbi.gov/nibrs/addendumfor-submitting-cargo-theft-data/shr. ↑
Koper, Christopher S.; Jerry Lee Center of Criminology, Univ. of Penn., Crime Gun Risk Factors: Buyer, Seller, Firearm, and Transaction Characteristics Associated with Gun Trafficking and Criminal Gun Use -- A report to the National Institute of Justice, U.S. Department of Justice (2007). https://www.ncjrs.gov/pdffiles1/nij/grants/221074. pdf. ↑
Discussed in Hearing
4MIN
Senate Floor
5MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
12MIN
Assembly Standing Committee on Public Safety
8MIN
Senate Floor
18MIN
Senate Standing Committee on Public Safety
Bill Author
