Bills

SB 299: Firearms.

  • Session Year: 2017-2018
  • House: Senate
Version:
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. 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 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.

Discussed in Hearing

Senate Standing Committee on Appropriations48MIN
May 25, 2017

Senate Standing Committee on Appropriations

Senate Standing Committee on Appropriations1MIN
Apr 24, 2017

Senate Standing Committee on Appropriations

Senate Standing Committee on Public Safety8MIN
Apr 4, 2017

Senate Standing Committee on Public Safety

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