SB 299: Firearms.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-03-27
Existing law makes the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another exempt from the requirement firearm transaction be conducted through a firearms dealer if certain criteria are met, including that the transfer is between members of the same immediate family. Existing law makes the importation of a firearm into the state exempt from the requirement that the firearm first be delivered to a firearms dealer in this state if certain criteria are met, including that the person acquired ownership of the firearm from an immediate family member by bequest or intestate succession. Existing law defines immediate family member for these purposes as meaning the parent and child relationship and the grandparent and grandchild relationship.
This bill would define the qualifying relationships for purposes of the above exemptions to apply to transfers to a parent, child, sibling, grandparent, or grandchild related by consanguinity, adoption, or steprelation.
Existing law generally requires the loan of a firearm to be conducted through a licensed dealer.
This bill would exempt from the requirement, the loan and storage of a firearm if certain conditions are met, including, among others, that the firearm being loaned stays and is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity, the loan does not exceed 60 days, is not made for consideration, and specified safe storage requirements are met. The bill would also require the Department of Justice to prescribe and make available, as specified, a form that explains the obligations imposed by these provisions. The bill would require that the form be signed by both the party loaning the firearm for storage and the person receiving the firearm.
Existing law exempts the sale, delivery, or transfer of a firearm to an authorized law enforcement representative from the requirement of transferring a firearm through a licensed dealer, the requirement that a person selling, leasing, or transferring firearms be licensed, and from certain crimes relating to the sale, lease, or transfer of firearms.
This bill would specify these exceptions extend to the loan of a firearm to an authorized law enforcement representative.
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 regulates the transfer of firearms, and provides that some transfers occur by operation of law, and that a person taking title or possession of a firearm by operation of law includes, among other circumstances, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that prohibition if certain criteria are met. Existing
This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedents personal representative, to a trustee of a trust created by a will, if the estate or trust includes a firearm, and to a successor of a decedent of a small estate that passed without administration.
Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that requirement.
This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedents personal representative, and to a trustee of a trust created by a will, if the estate or trust includes a firearm.This bill would require executors and administrators to possess a firearm safety certificate in order to possess a firearm, and would also extend this requirement to the personal representative of an estate, the trustee of a trust, if the estate or trust includes a firearm, and to the successor of a decedent of a small estate that passed without administration. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
Existing law makes the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another exempt from the requirement firearm transaction be conducted through a firearms dealer if certain criteria are met, including that the transfer is between members of the same immediate family. Existing law makes the importation of a firearm into the state exempt from the requirement that the firearm first be delivered to a firearms dealer in this state if certain criteria are met, including that the person acquired ownership of the firearm from an immediate family member by bequest or intestate succession. Existing law defines immediate family member for these purposes as meaning the parent and child relationship and the grandparent and grandchild relationship.
This bill would define the qualifying relationships for purposes of the above exemptions to apply to transfers to a parent, child, sibling, grandparent, or grandchild related by consanguinity, adoption, or steprelation.
Existing law generally requires the loan of a firearm to be conducted through a licensed dealer.
This bill would exempt from the requirement, the loan and storage of a firearm if certain conditions are met, including, among others, that the firearm being loaned stays and is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity, the loan does not exceed 60 days, is not made for consideration, and specified safe storage requirements are met. The bill would also require the Department of Justice to prescribe and make available, as specified, a form that explains the obligations imposed by these provisions. The bill would require that the form be signed by both the party loaning the firearm for storage and the person receiving the firearm.
Existing law exempts the sale, delivery, or transfer of a firearm to an authorized law enforcement representative from the requirement of transferring a firearm through a licensed dealer, the requirement that a person selling, leasing, or transferring firearms be licensed, and from certain crimes relating to the sale, lease, or transfer of firearms.
This bill would specify these exceptions extend to the loan of a firearm to an authorized law enforcement representative.
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 regulates the transfer of firearms, and provides that some transfers occur by operation of law, and that a person taking title or possession of a firearm by operation of law includes, among other circumstances, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that prohibition if certain criteria are met. Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that requirement.
This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedents personal representative, and to a trustee of a trust created by a will, if the estate or trust includes a firearm.
Existing law makes the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another exempt from the requirement firearm transaction be conducted through a firearms dealer if certain criteria are met, including that the transfer is between members of the same immediate family. Existing law makes the importation of a firearm into the state exempt from the requirement that the firearm first be delivered to a firearms dealer in this state if certain criteria are met, including that the person acquired ownership of the firearm from an immediate family member by bequest or intestate succession. Existing law defines immediate family member for these purposes as meaning the parent and child relationship and the grandparent and grandchild relationship.
This bill would define the qualifying relationships for purposes of the above exemptions to apply to transfers to a parent, child, sibling, grandparent, or grandchild related by consanguinity, adoption, or steprelation.
Existing law generally requires the loan of a firearm to be conducted through a licensed dealer.
This bill would exempt from the requirement, the loan and storage of a firearm if certain conditions are met, including, among others, that the firearm being loaned stays and is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity, the loan does not exceed 60 days, is not made for consideration, and specified safe storage requirements are met. The bill would also require the Department of Justice to prescribe and make available, as specified, a form that explains the obligations imposed by these provisions. The bill would require that the form be signed by both the party loaning the firearm for storage and the person receiving the firearm.
Existing law exempts the sale, delivery, or transfer of a firearm to an authorized law enforcement representative from the requirement of transferring a firearm through a licensed dealer, the requirement that a person selling, leasing, or transferring firearms be licensed, and from certain crimes relating to the sale, lease, or transfer of firearms.
This bill would specify these exceptions extend to the loan of a firearm to an authorized law enforcement representative.
(a)As used in Section 25135, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
(b)As used in Section 27882, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational or other vehicles where human habitation occurs.
SEC. 4.SEC. 2.Section 26600 of the Penal Code is amended to read:26600.(a)Section 26500 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 5.SEC. 3.Section 27050 of the Penal Code is amended to read:27050.(a)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 6.SEC. 4.Section 27600 of the Penal Code is amended to read:27600.(a)Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made or from whom the firearm is being imported.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d)Any agency that is the registered owner of an institutional weapon in accordance with subdivision (c) that subsequently destroys that weapon shall enter information that the weapon has been destroyed into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days of the destruction in accordance with procedures prescribed by the Department of Justice. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 7.SEC. 5.Section 27875 of the Penal Code is amended to read:27875.(a)Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1)The transfer is infrequent, as defined in Section 16730.
(2)The transfer is between any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(3)Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4)The person taking title to the firearm has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The person receiving the firearm is 18 years of age or older.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm by bequest or intestate succession from any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(2)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3)The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4)The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
SEC. 8.SEC. 6.Section 27882 is added to the Penal Code, to read:27882.Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a)If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b)The firearm being loaned is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(c)The firearm at all times stays within the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(d)The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e)The individual receiving the firearm is 18 years of age or older.
(f)The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
(g)One of the following applies:
(1)The firearm is maintained within a locked container.
(2)The firearm is disabled by a firearm safety device.
(3)The firearm is maintained within a locked gun safe.
(4)The firearm is locked with a locking device, as defined in Section 16860, that renders the firearm inoperable.
(h)The loan does not exceed 60 days in duration.
(i)The loan is made without consideration.
(j)There is a form prescribed by the Department of Justice and available in editable form on the departments Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(k)Both parties to the loan possess signed copies of the form required by subdivision (j).
SEC. 9.Section 27920 of the Penal Code is amended to read:27920.(a)Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:(1)If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (a), (g), (h), (i), (j), (k), or (l) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.(2)If the person taking title or possession is receiving the firearm pursuant to subdivision (a), (g), (h), (k), or (l) of Section 16990, the person shall do both of the following:(A)Within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.(B)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.(3)Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.(4)Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of, a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:(1)The person acquires ownership of the firearm as an executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a).(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.(4)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.(5)The executor, personal representative, trustee, or administrator is 18 years of age or older.(c)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:(1)The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.(4)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.(d)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:(1)The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.(2)The person is not subject to the requirements of Section 27560.(3)The firearm is not a firearm that is prohibited by any provision listed in Section 16590.(4)The firearm is not an assault weapon.(5)The firearm is not a machinegun.(6)The firearm is not a .50 BMG rifle.(7)The firearm is not a destructive device.(8)The person is 18 years of age or older.(9)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.(e)The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.SEC. 10.Section 31700 of the Penal Code is amended to read:31700.(a)The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:(1)An active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.(2)An active or honorably retired federal officer or law enforcement agent.(3)A reserve peace officer, as defined in Section 832.6.(4)A person who has successfully completed the course of training specified in Section 832.(5)A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that persons activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.(6)A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.(7)A person to whom a firearm is being returned, if the person receiving the firearm is the owner of the firearm.(8)A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.(9)An individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.(10)An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.(11)A person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030.(12)A person who holds a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6.(b)The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:(1)A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.(2)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.(3)A receiver performing the functions of a receiver.(4)A trustee in bankruptcy performing the duties of a trustee.(5)An assignee for the benefit of creditors performing the functions of an assignee.(c)A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title of possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.SEC. 11.SEC. 7.Section 31705 of the Penal Code is amended to read:31705.(a)Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 12.SEC. 8.The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law.
SEC. 13.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.As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, operation of law includes, but is not limited to, any of the following:
(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(j)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
SEC. 2.Section 16990 of the Penal Code is amended to read:16990.As used in any provision listed in subdivision (a) of Section 16585, the phrase a person taking title or possession of a firearm by operation of law includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:
(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.
(h)A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(k)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(l)A firearm passed to a decedents successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code.
SEC. 3.Section 17060 of the Penal Code is amended to read:17060.(a)As used in Section 25135, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
(b)As used in Section 27882, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational or other vehicles where human habitation occurs.
SEC. 4.Section 26600 of the Penal Code is amended to read:26600.(a)Section 26500 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 5.Section 27050 of the Penal Code is amended to read:27050.(a)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 6.Section 27600 of the Penal Code is amended to read:27600.(a)Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made or from whom the firearm is being imported.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d)Any agency that is the registered owner of an institutional weapon in accordance with subdivision (c) that subsequently destroys that weapon shall enter information that the weapon has been destroyed into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days of the destruction in accordance with procedures prescribed by the Department of Justice. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 7.Section 27875 of the Penal Code is amended to read:27875.(a)Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1)The transfer is infrequent, as defined in Section 16730.
(2)The transfer is between any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(3)Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4)The person taking title to the firearm has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The person receiving the firearm is 18 years of age or older.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm by bequest or intestate succession from any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(2)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3)The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4)The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
SEC. 8.Section 27882 is added to the Penal Code, to read:27882.Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a)If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b)The firearm being loaned is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(c)The firearm at all times stays within the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(d)The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e)The individual receiving the firearm is 18 years of age or older.
(f)The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
(g)One of the following applies:
(1)The firearm is maintained within a locked container.
(2)The firearm is disabled by a firearm safety device.
(3)The firearm is maintained within a locked gun safe.
(4)The firearm is locked with a locking device, as defined in Section 16860, that renders the firearm inoperable.
(h)The loan does not exceed 60 days in duration.
(i)The loan is made without consideration.
(j)There is a form prescribed by the Department of Justice and available in editable form on the departments Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(k)Both parties to the loan possess signed copies of the form required by subdivision (j).
SEC. 9.Section 27920 of the Penal Code is amended to read:27920.(a)Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(1)If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (a), (g), (h), (i), or (j) (j), (k), or (l) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(2)If the person taking title or possession is receiving the firearm pursuant to subdivision (g) or (h) (a), (g), (h), (k), or (l) of Section 16990, the person shall do both of the following:
(A)Within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(B)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3)Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(4)Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of, a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm as an executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) (2) of subdivision (a).
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)If the executor, personal representative, trustee, or administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to himself or herself, he or she shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(4)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The executor, personal representative, trustee, or administrator is 18 years of age or older.
(c)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2)The person is not subject to the requirements of Section 27560.
(3)The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4)The firearm is not an assault weapon.
(5)The firearm is not a machinegun.
(6)The firearm is not a .50 BMG rifle.
(7)The firearm is not a destructive device.
(8)The person is 18 years of age or older.
(9)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(e)The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.
SEC. 10.Section 31700 of the Penal Code is amended to read:31700.(a)The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
(1)An active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)An active or honorably retired federal officer or law enforcement agent.
(3)A reserve peace officer, as defined in Section 832.6.
(4)A person who has successfully completed the course of training specified in Section 832.
(5)A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that persons activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.
(6)A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(7)A person to whom a firearm is being returned, if the person receiving the firearm is the owner of the firearm.
(8)A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.
(9)An individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10)An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
(11)A person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030.
(12)A person who holds a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6.
(b)The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
(1)The executor, personal representative, or administrator of an estate.(2)(1)A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(3)(2)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(4)(3)A receiver performing the functions of a receiver.
(5)(4)A trustee in bankruptcy performing the duties of a trustee.
(6)(5)An assignee for the benefit of creditors performing the functions of an assignee.
(7)The trustee of a trust that includes a firearm and that was part of a will that created the trust.(c)A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title of possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
SEC. 11.Section 31705 of the Penal Code is amended to read:31705.(a)Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 12.The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law.
SEC. 13.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.
As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, operation of law includes, but is not limited to, any of the following:
(a)The executor executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(j)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
SEC. 2.Section 16990 of the Penal Code is amended to read:16990.As used in any provision listed in subdivision (a) of Section 16585, the phrase a person taking title or possession of a firearm by operation of law includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:
(a)The executor executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.
(h)A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(k)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
SEC. 3.Section 17060 of the Penal Code is amended to read:17060.(a)As used in Section 25135, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
(b)As used in Section 27882, residence means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational or other vehicles where human habitation occurs.
SEC. 4.Section 26600 of the Penal Code is amended to read:26600.(a)Section 26500 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 5.Section 27050 of the Penal Code is amended to read:27050.(a)Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 6.Section 27600 of the Penal Code is amended to read:27600.(a)Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made or from whom the firearm is being imported.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a firearm is acquired or received by the agency, agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d)Any agency that is the registered owner of an institutional weapon in accordance with subdivision (c) that subsequently destroys that weapon shall enter information that the weapon has been destroyed into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days of the destruction in accordance with procedures prescribed by the Department of Justice. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 7.Section 27875 of the Penal Code is amended to read:27875.(a)Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1)The transfer is infrequent, as defined in Section 16730.
(2)The transfer is between members of the same immediate family. any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(3)Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4)Until January 1, 2015, the The person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, has obtained a valid firearm safety certificate for any firearm, certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The person receiving the firearm is 18 years of age or older.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession. succession from any of the following relations, related by consanguinity, adoption, or steprelation:
(A)Parent.
(B)Child.
(C)Sibling.
(D)Grandparent.
(E)Grandchild.
(2)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3)The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4)The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
SEC. 8.Section 27882 is added to the Penal Code, to read:27882.Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a)If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b)The firearm being loaned is stored in the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(c)The firearm at all times stays within the receivers place of residence or in an enclosed structure on the receivers private property, that is not zoned for commercial, retail, or industrial activity.
(d)The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e)The individual receiving the firearm is 18 years of age or older.
(f)The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
(g)One of the following applies:
(1)The firearm is maintained within a locked container.
(2)The firearm is disabled by a firearm safety device.
(3)The firearm is maintained within a locked gun safe.
(4)The firearm is locked with a locking device, as defined in Section 16860, that renders the firearm inoperable.
(h)The loan does not exceed 60 days in duration.
(i)The loan is made without consideration.
(j)There is a form prescribed by the Department of Justice and available in editable form on the departments Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(k)Both parties to the loan possess signed copies of the form required by subdivision (j).
SEC. 9.Section 27920 of the Penal Code is amended to read:27920.(a)Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(1)If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (h), (i), or (j) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(2)If the person taking title or possession is receiving the firearm pursuant to subdivision (g) or (h) of Section 16990, the person shall do both of the following:
(A)Within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(B)Until January 1, 2015, prior to taking title or possession of the firearm, the person shall obtain a handgun safety certificate, if the firearm is a handgun. Commencing January 1, 2015, prior Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate for any firearm, certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3)Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(4)Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm as an executor executor, personal representative, or administrator of an estate. estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) of subdivision (a).
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)If the executor executor, personal representative, trustee, or administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to himself or herself, he or she shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The executor executor, personal representative, trustee, or administrator is 18 years of age or older.
(c)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2)The person is not subject to the requirements of Section 27560.
(3)The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4)The firearm is not an assault weapon.
(5)The firearm is not a machinegun.
(6)The firearm is not a .50 BMG rifle.
(7)The firearm is not a destructive device.
(8)The person is 18 years of age or older.
(9)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(e)The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.
SEC. 10.Section 31700 of the Penal Code is amended to read:31700.(a)The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
(1)Any An active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Any An active or honorably retired federal officer or law enforcement agent.
(3)Any A reserve peace officer, as defined in Section 832.6.
(4)Any A person who has successfully completed the course of training specified in Section 832.
(5)A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that persons activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.
(6)A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(7)A person to whom a firearm is being returned, where if the person receiving the firearm is the owner of the firearm.
(8)A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.
(9)Any An individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10)An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.
(11)Any A person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030.
(12)Persons who are the holders of A person who holds a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division. Chapter 6.
(b)The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
(1)The executor executor, personal representative, or administrator of an estate.
(2)A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(3)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(4)A receiver performing the functions of a receiver.
(5)A trustee in bankruptcy performing the duties of a trustee.
(6)An assignee for the benefit of creditors performing the functions of an assignee.
(7)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(c)A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title of possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
(d)This section shall become operative on January 1, 2015.SEC. 11.Section 31705 of the Penal Code is amended to read:31705.(a)Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b)Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c)Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
SEC. 12.The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law.
|
Date
|
Status
|
|---|---|
| Feb 1, 2018 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May 25, 2017 | May 25 hearing: Held in committee and under submission. |
| May 19, 2017 | Set for hearing May 25. |
| Apr 24, 2017 | April 24 hearing: Placed on APPR. suspense file. |
| Apr 13, 2017 | Set for hearing April 24. |
| Apr 4, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 599.) (April 4). Re-referred to Com. on APPR. |
| Mar 27, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 23, 2017 | Set for hearing April 4. |
| Mar 20, 2017 | March 28 hearing postponed by committee. |
| Mar 16, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 8, 2017 | Set for hearing March 28. |
| Feb 23, 2017 | Referred to Com. on PUB. S. |
| Feb 14, 2017 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
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Location
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Votes
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|
|---|---|---|---|---|
| Apr 24, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | 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
|
|---|---|---|
| Brady Campaign to Prevent Gun Violence | * Indeterminate | Apr 4, 2017 |
| Farmer's Policy Coalition | * Against | Apr 24, 2017 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 299 (Mendoza) - Firearms
Version: March 27, 2017 | Policy Vote: PUB. S. 5 - 1 |
Urgency: No | Mandate: No |
Hearing Date: April 24, 2017 | Consultant: Shaun Naidu |
This bill may meet the criteria for referral to the Suspense File.
Bill Summary:
SB 299 would exempt loans of firearms to and from certain individuals from existing requirements that the process take place through a licensed firearms dealer or law enforcement agency.
Fiscal Impact:
- Sibling transfers: Unquantifiable but potentially significant workload costs (special fund) to the Department of Justice (DOJ) to process the reports required on firearm loans between sibling and to conduct a background check to determine if the recipient is eligible to possess firearms in the state. The extent of the workload is dependent on the number and frequency of firearm loans between siblings.
- Form of obligations: One-time minor costs (special fund**) to DOJ to develop and post an editable form on its website to be signed and retained by parties seeking a specified exception to firearm loan requirements.
**Firearm Safety and Enforcement Special Fund
Background:
Existing law requires the Attorney General to maintain a registry of all firearms owners and those in possession. This registry includes the name, address, identification of, place of birth, telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to DOJ on DROS or other reports made to the department. Additionally, the registry must include information on any person from whom the owner acquired or the person being loaned the firearm, the firearm manufacturer’s name, model, serial number, caliber, type of firearm, and other details specific to the firearm, as well as any applicable waiting-period exemption.
Existing law further requires that, except as specified, all sales, loans, and transfers of firearms are to be processed through or by a licensed firearms dealer or local law enforcement agency. A violation of this provision is a misdemeanor, unless the violation involves a handgun, in which case the violation is alternate felony/misdemeanor, punishable by imprisonment in a county jail for up to one year or as a felony punishable by imprisonment for 16 months, two years, or three years in county jail, or state prison if specified circumstances are met, by a fine of up to $1,000, or by both that fine and imprisonment. Exceptions to the requirement to process firearms loans through a dealer or law enforcement agency include loans between persons who are personally known to each other and the loan is infrequent, for a lawful purpose, and not over 30 days, and if other certain requirements are satisfied. This exception includes transfers between “members of the same immediate family.”
Proposed Law:
SB 299 would exempt loans of firearms to and from certain individuals from existing requirements that the process take place through a licensed firearms dealer or law enforcement agency. Specific provisions of this bill would:
- Replace, within the provisions exempting interfamilial transfers and importations from the dealer processing requirement, “members of the same immediate family” with any of the following relations, related by consanguinity, adoption, or steprelations:
- Parent
- Child
- Sibling
- Grandparent
- Grandchild
- Exempt from the dealer processing requirement firearm loans that meet all of the following criteria:
- If the firearm being loaned is a handgun, the handgun is registered to the person making the loan.
- The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property that is not zoned for commercial, retail, or industrial activity.
- The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property that is not zoned for commercial, retail, or industrial activity.
- The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
- The individual receiving the firearm is 18 years of age or older.
- The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
- The firearm is secured in one of a number of methods.
- The loan does not exceed 60 days in duration.
- The loan is made without consideration.
- There is a form prescribed by DOJ and available in editable form on the department’s website that explains the obligations stated here and is signed by both parties to the loan.
- Both parties to the loan possess signed copies of the above-referenced form.
Prior Legislation:
SB 1332 (Mendoza, 2016) included provisions similar to the provisions in this bill. SB 1332 was vetoed by the Governor, with the following message:
This bill provides for the joint registration of firearms between spouses and domestic partners and modifies existing firearm loan provisions.
This bill creates millons[sic] of dollars in new and ongoing costs for the Department of Justice. The Department is already tasked with enforcing the many existing requirements of California firearms law. I do not believe that this additional burden and cost comes with a commensurate public safety benefit.
Staff notes that SB 299 does not include provisions relating to the joint registration of firearms between spouses and domestic partners.
Staff Comments:
Under existing law, the interfamilial transfer of a firearm is not required to be processed through a licensed firearms dealer or law enforcement agency so long as certain criteria are met. One such requirement is that, within 30 days of a person taking possession of or importing a firearm, the person must report the occurrence to DOJ. The report must include information about the person taking possession of the gun, how title was obtained and from whom, and a description of the firearm. In turn, DOJ processes this transfer or importation to ensure that the receiver is legally allowed to possess firearms within the state. This bill would expand the interfamilial exemption to include transfer of firearms between siblings, which currently are not reported to DOJ. Depending on the number of sibling transfers that take place because of this bill, it could result in a significant workload increases to the department to process these reports. Any potential fiscal impact caused by an increase would be recovered from department fees. There is no data available to determine how many sibling transfers likely would result because of SB 299.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 299 Hearing Date: April 4, 2017
Author: | Mendoza | ||
Version: | March 27, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | JRD | ||
Subject: Firearms
HISTORY
Source: Author
Prior Legislation: SB 1332 (Mendoza)—Vetoed, 2016
Support: Unknown
Opposition: None known
PURPOSE
The purpose of this bill is to modify the firearm loan provisions, as specified.
Existing federal law requires licensed firearms dealers, before they may deliver a firearm to a purchaser, to perform a background check on the purchaser through the federal National Instant Criminal Background Check System (“NICS”). (18 U.S.C §§ 921, et seq.)
Existing law defines a residence, for purpose of Penal Code Section 25135[1], as “any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.” (Penal Code § 17060.)
Existing law requires that, except as specified, all sales, loans, and transfers of firearms be processed through or by a state-licensed firearms dealer or a local law enforcement agency. (Penal Code § 27545.)
Existing law provides that there is a 10-day waiting period when purchasing a firearm through a firearms dealer. During which time, a background check is conducted and, if the firearm is a handgun, a handgun safety certificate is required prior to delivery of the firearm. (Penal Code §§ 26815, 26840(b) and 27540.)
Existing law prohibits a person from selling, leasing, or transferring a firearm without a license, as specified. (Penal Code § 26500.)
Existing law states that the firearms dealer licensing requirements do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of the firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (Penal Code § 26600.)
Existing law states that specified firearms licensing requirements do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (Penal Code § 27050.)
Existing law states that the through dealer transfer requirement does not apply to any sale, delivery, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made or from whom the firearm is being imported, as specified. (Penal Code § 27600.)
Existing law creates numerous exceptions to a variety of different and specified firearms transfer requirements, including penal code section 27545, for loans of firearms under a variety of different circumstances. The general categories of these exceptions are:
- For target shooting at target facility. (Penal Code § 26545.)
- To entertainment production. (Penal Code § 26580.)
- Several exceptions relating to law enforcement officers and government agencies (Penal Code §§ 26600, et seq.)
- For infrequent loan of non-handgun; curio or relic (Penal Code § 27966) [commencing January 1, 2014]
- To a consultant-evaluator. (Penal Code § 27005.)
- To minors. (Penal Code § 27505.)
- Loans to persons known to each other. (Penal Code § 27880.)
- Where the firearm stays within the presence of the owner. (Penal Code § 27885.)
- To a licensed hunter. (Penal Code § 27950.)
Exiting law provides that specified transfer provisions to not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
- The transfer is infrequent, as specified.
- The transfer is between members of the same immediate family.
- Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
- Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
- The person receiving the firearm is 18 years of age or older.
(Penal Code § 27875 (a).)
Exiting law provides that specified transfer provisions do not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
- The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
- The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
- The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as specified.
- The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
- Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(Penal Code § 27875 (b).)
Existing law allows for the loan of a firearm between persons, if the following requirements are met:
- The loan is to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation:
- Parent.
- Child.
- Sibling.
- Grandparent.
- Grandchild.
- The loan is infrequent, as specified.
- The loan is for any lawful purpose.
- The loan does not exceed 30 days in duration.
- Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
- If the firearm being loaned is a handgun, the handgun is registered to the person making the loan, as specified.
(Penal Code § 27880.)
Existing law states that a person cannot do either of the following:
- Purchase or receive any firearm, except an antique firearm, without a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
- Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(Penal Code § 31615.)
Existing law exempts from the firearm safety certificate requirement any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (Penal Code § 31705.)
This bill states that firearms transfer requirements, under Penal Code Section 27545, do not apply to the loan of a firearm if the following conditions are met:
- If the firearm being loaned is a handgun, the handgun is registered to the person making the loan.
- The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
- The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
- The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
- The individual receiving the firearm is 18 years of age or older.
- The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
- One of the following applies:
- The firearm is maintained within a locked container.
- The firearm is disabled by a firearm safety device.
- The firearm is maintained within a locked gun safe.
- The firearm is locked with a locking device that renders the firearm inoperable.
- The loan does not exceed 60 days in duration.
- The loan is made without consideration.
- There is a form prescribed by the Department of Justice and available in editable form on the department’s Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
- Both parties to the loan possess signed copies of the form required.
This bill defines “residence,” for purposes of the new loan provision, as “any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational or other vehicles where human habitation occurs.”
This bill exempts law enforcement personnel from licensing requirements for the loan of a firearm made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the loan of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made, as specified.
This bill exempts from the through dealer transfer requirement the loan of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the loan of the firearm, written authorization from the head of the agency authorizing the transaction is presented to the person from whom loan is being made or from whom the firearm is being imported, as specified.
This bill deletes the reference to “immediate family” in the penal code sections relating to the transfer of firearms acquired by gift, bequest, intestate succession, or other means from one individual to another. And, instead states that the exemptions apply to any of the following relations, related by consanguinity, adoption, or steprelation:
- Parent
- Child
- Sibling
- Grandparent
- Grandchild
This bill makes a variety of conforming and technical changes.
COMMENTS
Need for This Bill
According to the author:
An unfortunate string of tragic events involving the use of firearms resulting in death or serious injury continues to plague our nation and our state. Too many preventable incidents occur in which injury is caused by irresponsible firearm use. In 2014, there were a total of 33,599 firearm deaths in the United States, 10,945 of which were homicides, according to the Centers for Disease Control (CDC). In California specifically, there were 2,942 firearm deaths and 1,813 homicides. In 2015, there were approximately 278 unintentional shootings by children aged 17 and under in the United States, resulting in 88 deaths.
This trend can be reversed by continuing to strengthen California’s laws regarding firearms. According to the Bureau of Justice Statistics (BJS), about 1.4 million firearms were stolen during household burglaries and other property crimes between 2005 and 2010. A 2010 audit conducted by the San Jose Police Department reported that around 300 of its firearms could not be accounted for, some of which may have been stolen from officers’ homes. Graham Barlowe, Agent of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Sacramento Office, stated that “In this day and age of technology, most of the electronics don’t really have any value at all… the firearms do.
Even an old firearm is still valuable” (NBC Bay Area, 2015). Although reports vary, stolen guns may account for roughly 15% of guns used in crimes, thus it is essential that a safekeeping program is available to store a firearm properly when a gun owner leaves their property. . .
- Effect of Legislation
This legislation is similar to Senate Bill 1332 (2016), which was vetoed by the Governor. The Governor stated in his veto message:
This bill provides for the joint registration of firearms between spouses and domestic partners and modifies existing firearm loan provisions.
This bill creates millions of dollars in new and ongoing costs for the Department of Justice. The Department is already tasked with enforcing the many existing requirements of California firearms law. I do not believe that this additional burden and cost comes with a commensurate public safety benefit.
Given the Governor’s veto message, this legislation does not include joint spousal registration. This legislation, instead, provides that a firearm can be loaned if a variety of conditions are met, including:
- If the firearm being loaned is a handgun, the handgun is registered to the person making the loan.
- The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
- The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
- The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
- The individual receiving the firearm is 18 years of age or older.
- The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
- One of the following applies:
- The firearm is maintained within a locked container.
- The firearm is disabled by a firearm safety device.
- The firearm is maintained within a locked gun safe.
- The firearm is locked with a locking device that renders the firearm inoperable.
- The loan does not exceed 60 days in duration.
- The loan is made without consideration.
- There is a form prescribed by the Department of Justice and available in editable form on the department’s Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
- Both parties to the loan possess signed copies of the form required.
Members may wish to consider in what instances this loan provision would be utilized.
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Penal Code § 25135 states that “A person who is 18 years of age or older, and who is the owner, lessee, renter, or other legal occupant of a residence, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm that he or she owns unless one of the exceptions apply.” ↑
Discussed in Hearing
48MIN
Senate Standing Committee on Appropriations
1MIN
Senate Standing Committee on Appropriations
8MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):