SB 746: Firearms and ammunition: prohibited possession: transfer to licensed dealer.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-26
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. The bill would additionally, commencing on July 1, 2020, make these provisions applicable to ammunition feeding devices, as defined, and, in some cases, ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law, subject to exceptions, requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided and subject to exceptions, and requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. Existing law specifies that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess, among other things, an assault weapon or a machinegun. A violation of these requirements is a crime.
This bill would require a new resident to the state to apply for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled, or a firearm the resident owns, that does not have a unique serial number. The bill would specify that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture or assemble an unsafe handgun, as defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(3)This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 1100 to be operative only if this bill and SB 1100 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 33855 of the Penal Code proposed by AB 2222 to be operative only if this bill and AB 2222 are enacted and this bill is enacted last.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. The bill would additionally, commencing on July 1, 2020, make these provisions applicable to ammunition feeding devices, as defined, and, in some cases, ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law, subject to exceptions, requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided and subject to exceptions, and requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. Existing law specifies that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess, among other things, an assault weapon or a machinegun. A violation of these requirements is a crime.
This bill would require a new resident to the state to apply for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled, or a firearm the resident owns, that does not have a unique serial number. The bill would specify that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture or assemble an unsafe handgun, as defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(3)This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 1100 to be operative only if this bill and SB 1100 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 33855 of the Penal Code proposed by AB 2222 to be operative only if this bill and AB 2222 are enacted and this bill is enacted last.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. The bill would additionally, commencing on July 1, 2020, make these provisions applicable to ammunition feeding devices, as defined, and, in some cases, ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law, subject to exceptions, requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided and subject to exceptions, and requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. Existing law specifies that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess, among other things, an assault weapon or a machinegun. A violation of these requirements is a crime.
This bill would require a new resident to the state to apply for a unique serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled, or a firearm the resident owns, that does not have a unique serial number. The bill would specify that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess manufacture or assemble an unsafe handgun, as defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(3)This bill would incorporate additional changes to Section 29182 of the Penal Code proposed by SB 1100 to be operative only if this bill and SB 1100 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 33855 of the Penal Code proposed by AB 2222 to be operative only if this bill and AB 2222 are enacted and this bill is enacted last.
(3)(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.This bill would require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(2)Existing law, subject to exceptions, requires a person who manufactures or assembles a firearm to first apply to the Department of Justice for a unique serial number or other identifying mark, as provided and subject to exceptions, and requires any person who owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. Existing law specifies that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess, among other things, an assault weapon or a machinegun. A violation of these requirements is a crime.
This bill would require a new resident to the state to apply for a serial number within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled, or a firearm the resident owns, that does not have a unique serial number. The bill would specify that the provisions requiring a person who manufactures or assembles a firearm to apply for a unique serial number for that firearm do not authorize the person to manufacture, assemble, or possess an unsafe handgun, as defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
(3)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
(2)Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the departments fee that relates to the cost of inspections.
This bill would require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.
The(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order. Existing law prescribes the procedure for a court or law enforcement agency in possession of a seized firearm to return the firearm to its lawful owner, as specified.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified. The bill would make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition. By increasing the duties of local law enforcement agencies, this bill would create a state-mandated local program. The bill makes other conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, a felony, or who is addicted to the use of any narcotic drug, from owning, purchasing, receiving, or possessing a firearm. Existing law prohibits a person who has been convicted of, or has an outstanding warrant for, certain misdemeanors, from owning, purchasing, receiving, or possessing a firearm, as specified. Existing law requires a person who is convicted of any of the above-described offenses to relinquish his or her firearms through the use of a designee, as specified. Existing law requires the designee to surrender the firearms to the control of a local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the firearms for storage to a firearms dealer, as specified. Existing law generally allows any person who is prohibited from owning or possessing a firearm or ammunition to transfer his or her firearms or ammunition to a licensed firearms dealer for storage during the duration of the prohibition, as specified by court order.
This bill would additionally authorize a person who has an outstanding warrant for a felony or misdemeanor, as described above, to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition, as specified.
Existing law authorizes a physician and surgeon or physician assistant to perform a physical examination that is required for a pupil to participate in an interscholastic athletic program of a school.This bill would additionally authorize a doctor of chiropractic, naturopathic doctor, or nurse practitioner practicing in compliance with the respective laws governing their profession to perform that physical examination.Existing law authorizes a physician and surgeon or physician assistant to perform a physical examination that is required for a pupil to participate in an interscholastic athletic program of a school.
This bill would additionally authorize a doctor of chiropractic, naturopathic doctor, or nurse practitioner practicing in compliance with the respective laws governing their profession to perform that physical examination.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 3.Section 16150 is added to the Penal Code, to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall become operative on July 1, 2020.
SEC. 4.Section 29180 of the Penal Code is amended to read:29180.(a)For purposes of this chapter, manufacturing or assembling a firearm means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.
(b)Commencing July 1, 2018, prior to manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)(A)Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(c)By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)Within 10 days of receiving a unique serial number or other mark of identification from the department, the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(d)(1)The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited.
(2)Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.
(3)Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.
(4)Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).
(e)A new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.
(f)A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(g)If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.
SEC. 5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 5.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 6.Section 29183 of the Penal Code is amended to read:29183.The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues in an amount sufficient to reimburse it for the actual costs associated with assigning a distinguishing number or mark to a firearm pursuant to Sections 29180 and 29182 and for conducting a firearms eligibility check pursuant to paragraph (1) of subdivision (b) of Section 29182. All money received pursuant to this section shall be deposited in the Dealers Record of Sale Special Account of the General Fund, to be available upon appropriation by the Legislature.
SEC. 7.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 8.Section 29830 is added to the Penal Code, to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall become operative on July 1, 2020.
SEC. 9.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns any ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition, and the ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 10.Section 33850 is added to the Penal Code, to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall become operative on July 1, 2020.
SEC. 11.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm shall not return the firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm.
(b)If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 12.1.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm shall not return the firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm.
(b)If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.2.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 13.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing firearm clearance determinations submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 14.Section 33860 is added to the Penal Code, to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section.
(d)This section shall become operative on July 1, 2020.
SEC. 15.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm.
(3)A description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 16.Section 33865 is added to the Penal Code, to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall become operative on July 1, 2020.
SEC. 17.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm or ammunition, and that the firearm or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 18.Section 33870 is added to the Penal Code, to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall become operative on July 1, 2020.
SEC. 19.Section 33875 of the Penal Code is amended to read:33875.(a)Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. Any unclaimed firearm may be disposed of after the 180-day period has expired.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 20.Section 33875 is added to the Penal Code, to read:33875.(a)Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
(b)This section shall become operative on July 1, 2020.
SEC. 21.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm or ammunition to the legal owner.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 22.Section 33880 is added to the Penal Code, to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
(f)This section shall become operative on July 1, 2020.
SEC. 23.Section 33885 of the Penal Code is amended to read:33885.(a)In a proceeding for the return of any firearm seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 24.Section 33885 is added to the Penal Code, to read:33885.(a)In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall become operative on July 1, 2020.
SEC. 25.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 26.Section 33895 is added to the Penal Code, to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
(c)This section shall become operative on July 1, 2020.
SEC. 27.Section 5.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 1100. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 1100, in which case Section 5 of this bill shall not become operative.
SEC. 28.Sections 12.1 and 12.2 of this bill incorporate amendments to Section 33855 of the Penal Code proposed by both this bill and Assembly Bill 2222. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 33855 of the Penal Code, and (3) this bill is enacted after Assembly Bill 222, in which case Sections 11 and 12 of this bill shall not become operative.
SEC. 29.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 3.Section 16150 is added to the Penal Code, to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall become operative on July 1, 2020.
SEC. 4.Section 29180 of the Penal Code is amended to read:29180.(a)For purposes of this chapter, manufacturing or assembling a firearm means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.
(b)Commencing July 1, 2018, prior to manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)(A)Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(c)By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)Within 10 days of receiving a unique serial number or other mark of identification from the department, the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(d)(1)The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited.
(2)Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.
(3)Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.
(4)Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).
(e)A new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.
(f)A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(g)If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.
SEC. 5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 5.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 6.Section 29183 of the Penal Code is amended to read:29183.The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues in an amount sufficient to reimburse it for the actual costs associated with assigning a distinguishing number or mark to a firearm pursuant to Sections 29180 and 29182 and for conducting a firearms eligibility check pursuant to paragraph (1) of subdivision (b) of Section 29182. All money received pursuant to this section shall be deposited in the Dealers Record of Sale Special Account of the General Fund, to be available upon appropriation by the Legislature.
SEC. 7.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 8.Section 29830 is added to the Penal Code, to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall become operative on July 1, 2020.
SEC. 9.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns any ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition, and the ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 10.Section 33850 is added to the Penal Code, to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall become operative on July 1, 2020.
SEC. 11.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm shall not return the firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm.
(b)If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 12.1.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm shall not return the firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm.
(b)If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.2.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 13.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing firearm clearance determinations submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 14.Section 33860 is added to the Penal Code, to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section.
(d)This section shall become operative on July 1, 2020.
SEC. 15.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm.
(3)A description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 16.Section 33865 is added to the Penal Code, to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall become operative on July 1, 2020.
SEC. 17.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm or ammunition, and that the firearm or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 18.Section 33870 is added to the Penal Code, to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall become operative on July 1, 2020.
SEC. 19.Section 33875 of the Penal Code is amended to read:33875.(a)Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. Any unclaimed firearm may be disposed of after the 180-day period has expired.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 20.Section 33875 is added to the Penal Code, to read:33875.(a)Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
(b)This section shall become operative on July 1, 2020.
SEC. 21.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm or ammunition to the legal owner.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 22.Section 33880 is added to the Penal Code, to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
(f)This section shall become operative on July 1, 2020.
SEC. 23.Section 33885 of the Penal Code is amended to read:33885.(a)In a proceeding for the return of any firearm seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 24.Section 33885 is added to the Penal Code, to read:33885.(a)In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall become operative on July 1, 2020.
SEC. 25.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 26.Section 33895 is added to the Penal Code, to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
(c)This section shall become operative on July 1, 2020.
SEC. 27.Section 5.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 1100. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 1100, in which case Section 5 of this bill shall not become operative.
SEC. 28.Sections 12.1 and 12.2 of this bill incorporate amendments to Section 33855 of the Penal Code proposed by both this bill and Assembly Bill 2222. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 33855 of the Penal Code, and (3) this bill is enacted after Assembly Bill 222, in which case Sections 11 and 12 of this bill shall not become operative.
SEC. 29.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 3.Section 16150 is added to the Penal Code, to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
(c)This section shall become operative on July 1, 2020.
SEC. 3.SEC. 4.Section 29180 of the Penal Code is amended to read:29180.(a)For purposes of this chapter, manufacturing or assembling a firearm means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.
(b)Commencing July 1, 2018, prior to manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)(A)Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(c)By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)Within 10 days of receiving a unique serial number or other mark of identification from the department, the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(d)(1)The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited.
(2)Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.
(3)Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.
(4)Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).
(e)A new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.
(f)A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(g)If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.
SEC. 4.SEC. 5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, a destructive device as defined in Section 16460, or an unsafe handgun as defined in Section 31910. 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 5.5.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)(A)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be Except as provided in subparagraph (B), the applicant shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun. firearm.
(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)(1)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2)This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 5.SEC. 6.Section 29183 of the Penal Code is amended to read:29183.The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues in an amount sufficient to reimburse it for the actual costs associated with assigning a distinguishing number or mark to a firearm pursuant to Sections 29180 and 29182 and for conducting a firearms eligibility check pursuant to paragraph (1) of subdivision (b) of Section 29182. All money received pursuant to this section shall be deposited in the Dealers Record of Sale Special Account of the General Fund, to be available upon appropriation by the Legislature.
SEC. 6.SEC. 7.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, firearm or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, firearm or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, firearm or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, firearm or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, firearm or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, firearm or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, firearm or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 8.Section 29830 is added to the Penal Code, to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(f)This section shall become operative on July 1, 2020.
SEC. 7.SEC. 9.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition firearm that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition firearm returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. firearm. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition. firearm.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or any ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, ammunition, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearm firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 10.Section 33850 is added to the Penal Code, to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
(e)This section shall become operative on July 1, 2020.
SEC. 8.SEC. 11.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition firearm shall not return the firearm, ammunition feeding device, or ammunition firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition. firearm.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 12.1.Section 33855 of the Penal Code is amended to read:33855.No A law enforcement agency or court that has taken custody of any firearm may shall not return the firearm to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess firearms. a firearm.
(b)If the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)Nothing in this section shall This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 12.2.Section 33855 is added to the Penal Code, to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108.2, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108.2, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d) This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
(e)This section shall become operative on July 1, 2020.
SEC. 9.SEC. 13.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications firearm clearance determinations submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 14.Section 33860 is added to the Penal Code, to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications submitted pursuant to this section.
(d)This section shall become operative on July 1, 2020.
SEC. 10.SEC. 15.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. firearm.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. firearm.
(3)If applicable, a A description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 16.Section 33865 is added to the Penal Code, to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
(g)This section shall become operative on July 1, 2020.
SEC. 11.SEC. 17.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, firearm or ammunition, and that the firearm, ammunition feeding device, firearm or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, firearm or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, firearm or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, firearm or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, firearm or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, firearm or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 18.Section 33870 is added to the Penal Code, to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm, ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
(d)This section shall become operative on July 1, 2020.
SEC. 12.SEC. 19.Section 33875 of the Penal Code is amended to read:33875.(a)Notwithstanding any other provision of law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition firearm for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An Any unclaimed firearm, ammunition feeding device, or ammunition firearm may be disposed of after the 180-day period has expired.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 20.Section 33875 is added to the Penal Code, to read:33875.(a)Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
(b)This section shall become operative on July 1, 2020.
SEC. 13.SEC. 21.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, firearm or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, firearm or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, firearm or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, firearm or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, firearm or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, firearm or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, firearm or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, firearm or ammunition to the legal owner.
(f)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 22.Section 33880 is added to the Penal Code, to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
(f)This section shall become operative on July 1, 2020.
SEC. 14.SEC. 23.Section 33885 of the Penal Code is amended to read:33885.(a)In a proceeding for the return of any firearm, ammunition feeding device, or ammunition firearm seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 24.Section 33885 is added to the Penal Code, to read:33885.(a)In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
(b)This section shall become operative on July 1, 2020.
SEC. 15.SEC. 25.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.
SEC. 26.Section 33895 is added to the Penal Code, to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
(c)This section shall become operative on July 1, 2020.
SEC. 27.Section 5.5 of this bill incorporates amendments to Section 29182 of the Penal Code proposed by both this bill and Senate Bill 1100. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 29182 of the Penal Code, and (3) this bill is enacted after Senate Bill 1100, in which case Section 5 of this bill shall not become operative.
SEC. 28.Sections 12.1 and 12.2 of this bill incorporate amendments to Section 33855 of the Penal Code proposed by both this bill and Assembly Bill 2222. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 33855 of the Penal Code, and (3) this bill is enacted after Assembly Bill 222, in which case Sections 11 and 12 of this bill shall not become operative.
SEC. 16.SEC. 29.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
SEC. 3.Section 26720 of the Penal Code is amended to read:26720.(a)Except for a dealer specified in subdivision (c), the Department of Justice shall conduct inspections of dealers at least every three years to ensure compliance with the provisions listed in Section 16575.(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.(c)A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with the provisions listed in Section 16575.SEC. 3.Section 29180 of the Penal Code is amended to read:29180.(a)For purposes of this chapter, manufacturing or assembling a firearm means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.
(b)Commencing July 1, 2018, prior to manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)(A)Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(c)By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:
(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2)Within 10 days of receiving a unique serial number or other mark of identification from the department, the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.
(3)After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(d)(1)The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited.
(2)Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.
(3)Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a local law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.
(4)Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).
(e)A new resident to the state shall apply for a serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.
(e)(f)A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is within any of the classes identified by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(f)(g)If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.
SEC. 4.Section 29182 of the Penal Code is amended to read:29182.(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.
(2)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of Section 29180.
(b)An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1)For each transaction, completes a personal firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2)Presents proof of age and identity as specified in Section 16400. The applicant shall be 18 years of age or older to obtain a unique serial number or mark of identification for a firearm that is not a handgun, and shall be 21 years of age or older to obtain a unique serial number or mark of identification for a handgun.
(3)Provides a description of the firearm that he or she owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4)Has a valid firearm safety certificate or handgun safety certificate.
(c)The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d)All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e)This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460. 16460, or an unsafe handgun as defined in Section 31910.
(f)The department shall adopt regulations to administer this chapter.
SEC. 5.Section 29183 of the Penal Code is amended to read:29183.The Department of Justice may charge an applicant a fee for each distinguishing number or mark it issues in an amount sufficient to reimburse it for the actual costs associated with assigning a distinguishing number or mark to a firearm pursuant to Sections 29180 and 29182 and for conducting a personal firearms eligibility check pursuant to paragraph (1) of subdivision (b) of Section 29182. All money received pursuant to this section shall be deposited in the Dealers Record of Sale Special Account of the General Fund, to be available upon appropriation by the Legislature.
SEC. 4.SEC. 6.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, licensed pursuant to Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
SEC. 5.SEC. 7.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearm dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
SEC. 6.SEC. 8.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
SEC. 7.SEC. 9.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
SEC. 8.SEC. 10.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
SEC. 9.SEC. 11.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
SEC. 10.SEC. 12.Section 33875 of the Penal Code is amended to read:33875.Notwithstanding any other provision of law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
SEC. 11.SEC. 13.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
SEC. 12.SEC. 14.Section 33885 of the Penal Code is amended to read:33885.In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
SEC. 13.SEC. 15.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
SEC. 14.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
SEC. 3.Section 26720 of the Penal Code is amended to read:26720.(a)Except for a dealer specified in subdivision (c), the Department of Justice shall conduct inspections of dealers at least every three years to ensure compliance with the provisions listed in Section 16575.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with the provisions listed in Section 16575.
SEC. 4.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer or licensed pursuant to Sections 26700 to 26915, inclusive, or may transfer ammunition to an ammunition vendor, as applicable, licensed pursuant to Section 26700 to 26915, inclusive, or Section Sections 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
SEC. 5.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearm dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
SEC. 6.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
SEC. 7.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
SEC. 8.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
SEC. 9.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
SEC. 10.Section 33875 of the Penal Code is amended to read:33875.Notwithstanding any other provision of law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
SEC. 11.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
SEC. 12.Section 33885 of the Penal Code is amended to read:33885.In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
SEC. 13.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
SEC. 14.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
SEC. 3.Section 26720 of the Penal Code is amended to read:26720.(a)The Except for a dealer specified in subdivision (c), the Department of Justice may inspect dealers shall conduct inspections of dealers at least every three years to ensure compliance with the provisions listed in Section 16575.
(b)The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c)Dealers A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law shall be is exempt from that portion of the departments fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with Section 16575.
SEC. 3.SEC. 4.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer or ammunition vendor, as applicable, licensed pursuant to Section 26700 to 26915, inclusive, or Section 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm, ammunition feeding device, or ammunition will expire on a specific ascertainable date, whether or not specified in the court order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
SEC. 4.SEC. 5.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearm dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
SEC. 5.SEC. 6.Section 33855 of the Penal Code is amended to read:33855.A law enforcement agency or court that has taken custody of any firearm, ammunition feeding device, or ammunition shall not return the firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)This section does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
SEC. 6.SEC. 7.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
SEC. 7.SEC. 8.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition.
(3)If applicable, a description of the firearm by make, model, and serial number, 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.
(d)The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
SEC. 8.SEC. 9.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm, ammunition feeding device, or ammunition is otherwise legal, the applicant shall be entitled to sell or transfer the firearm, ammunition feeding device, or ammunition to a licensed firearms dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm, ammunition feeding device, or ammunition and the prohibition will expire on a specific ascertainable date, whether or not that date is specified in a court order, the applicant shall be entitled to have the firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm, ammunition feeding device, or ammunition has been lost or stolen, it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the property, proof of ownership, and proof of eligibility to possess a firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the property the fees described in Section 33880.
SEC. 9.SEC. 10.Section 33875 of the Penal Code is amended to read:33875.Notwithstanding any other provision of law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
SEC. 10.SEC. 11.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
SEC. 11.SEC. 12.Section 33885 of the Penal Code is amended to read:33885.In a proceeding for the return of any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
SEC. 12.SEC. 13.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
SEC. 13.SEC. 14.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature hereby finds and declares both of the following:
(a)The intent expressed in the Safety for All Act of 2016 is to safeguard the ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor ammunition get into the hands of dangerous individuals.
(b)Insofar as this act amends the Safety for All Act of 2016, the amendments made by this act are consistent with and further that intent. The amendments ensure that ammunition and ammunition feeding devices in the possession of a court or law enforcement agency will only be transferred to a third party after that party undergoes a background check to determine that he or she is not prohibited from acquiring or having ammunition or ammunition feeding devices with appropriate records maintained of the transfer.
SEC. 2.Section 16150 of the Penal Code is amended to read:16150.(a)As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, ammunition means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. Ammunition does not include blanks.
(b)As used in subdivision (a) of Section 30305 and in Section 30306, ammunition includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition does not include blanks.
SECTION 1.SEC. 3.Section 29830 of the Penal Code is amended to read:29830.(a)A person who is prohibited from owning or possessing a firearm firearm, ammunition feeding device, or ammunition pursuant to any law, may transfer or cause to be transferred, any firearm firearm, ammunition feeding device, or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer or ammunition vendor, as applicable, licensed pursuant to Section 26700 to 26915, inclusive, or Section 30385 to 30395, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm firearm, ammunition feeding device, or ammunition will expire on a date specific ascertainable date, whether or not specified in the court order order, or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer or ammunition vendor who stores a firearm firearm, ammunition feeding device, or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm firearm, ammunition feeding device, or ammunition.
(c)A firearms dealer or ammunition vendor who stores a firearm firearm, ammunition feeding device, or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer or ammunition vendor has taken possession of the firearm firearm, ammunition feeding device, or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
(e)Any ammunition that is returned by a firearms dealer or ammunition vendor to the owner of the ammunition pursuant to this section shall be returned in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
SEC. 4.Section 33850 of the Penal Code is amended to read:33850.(a)Any person who claims title to any firearm firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:
(1)The applicants name, date and place of birth, gender, telephone number, and complete address.
(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants alien registration or I-94 number.
(3)If the firearm seized property is a handgun, and commencing January 1, 2014, any firearm, the firearms make, model, caliber, barrel length, handgun type, country of origin, and serial number, 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, there shall be a place on the application to note that fact.
(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.
(5)The name of the court or law enforcement agency holding the firearm. firearm, ammunition feeding device, or ammunition.
(6)The signature of the applicant and the date of signature.
(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.
(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer. dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.
(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearm dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.
(c)(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.
SEC. 5.Section 33855 of the Penal Code is amended to read:33855.No A law enforcement agency or court that has taken custody of any firearm may firearm, ammunition feeding device, or ammunition shall not return the firearm firearm, ammunition feeding device, or ammunition to any individual unless all of the following requirements are satisfied:
(a)The individual presents to the agency or court notification of a determination by the department pursuant to Section 33865 that the person is eligible to possess firearms. a firearm, ammunition feeding device, or ammunition.
(b)If the seized property is a firearm and the agency or court has direct access to the Automated Firearms System, the agency or court has verified that the firearm is not listed as stolen pursuant to Section 11108, and that the firearm has been recorded in the Automated Firearms System in the name of the individual who seeks its return.
(c)If the firearm has been reported lost or stolen pursuant to Section 11108, a law enforcement agency shall notify the owner or person entitled to possession pursuant to Section 11108.5. However, that person shall provide proof of eligibility to possess a firearm pursuant to Section 33865.
(d)Nothing in this This section shall does not prevent the local law enforcement agency from charging the rightful owner or person entitled to possession of the firearm the fees described in Section 33880. However, an individual who is applying for a background check to retrieve a firearm that came into the custody or control of a court or law enforcement agency pursuant to Section 33850 shall be exempt from the fees in Section 33860, provided that the court or agency determines the firearm was reported stolen to a law enforcement agency prior to the date the firearm came into custody or control of the court or law enforcement agency, or within five business days of the firearm being stolen from its owner. The court or agency shall notify the Department of Justice of this fee exemption in a manner prescribed by the department.
SEC. 6.Section 33860 of the Penal Code is amended to read:33860.(a)The Department of Justice shall establish a fee of twenty dollars ($20) per request for return of a firearm, ammunition feeding device, or any quantity of ammunition plus a three-dollar ($3) charge for each additional firearm being processed as part of the request to return a firearm, to cover its reasonable costs for processing firearm clearance determinations applications submitted pursuant to this chapter.
(b)The fees collected pursuant to subdivision (a) shall be deposited into the Dealers Record of Sale Special Account.
(c)The department may increase the fee by using the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations to determine an annual rate of increase. Any fee increase shall be rounded to the nearest dollar.(c)The department shall annually review and shall adjust the fees specified in subdivision (a), if necessary, to fully fund, but not to exceed the reasonable costs of processing applications pursuant to this section.
SEC. 7.Section 33865 of the Penal Code is amended to read:33865.(a)When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm. firearm, ammunition feeding device, or ammunition.
(b)The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department via the California Firearms Application Reporting System (CFARS) to inquire about the reason for a delay.
(c)If the department determines that the applicant is eligible to possess the firearm, ammunition feeding device, or ammunition, the department shall provide the applicant with written notification that includes the following:
(1)The identity of the applicant.
(2)A statement that the applicant is eligible to possess a firearm. firearm, ammunition feeding device, or ammunition.
(3)A If applicable, a description of the firearm by make, model, and serial number, 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.
(d)If the firearm is a handgun, and commencing January 1, 2014, any firearm, the The department shall enter a record of the firearm into the Automated Firearms System (AFS), 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.
(e)If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer. The applicant may contact the department to inquire about the reason for the denial.
(f)If the department denies the application, the applicant shall receive notification via CFARS from the department explaining the reason for the denial and information regarding the appeal process.
SEC. 8.Section 33870 of the Penal Code is amended to read:33870.(a)If a law enforcement agency determines that the applicant is the legal owner of any firearm ammunition feeding device, or ammunition deposited with the agency, that the applicant is prohibited from possessing any firearm, ammunition feeding device, or ammunition, and that the firearm firearm, ammunition feeding device, or ammunition is an otherwise legal firearm, otherwise legal, the applicant shall be entitled to sell or transfer the firearm firearm, ammunition feeding device, or ammunition to a licensed firearms dealer. dealer, or licensed ammunition vendor, as applicable. If a law enforcement agency determines that the applicant is prohibited from owning or possessing any firearm firearm, ammunition feeding device, or ammunition and the prohibition on owning or possessing the firearm will expire on a specific ascertainable date, whether or not that date is specified in the a court order, the applicant shall be entitled to have the firearm firearm, ammunition feeding device, or ammunition stored by a licensed firearms dealer or licensed ammunition vendor, as applicable, for the duration of the prohibition period pursuant to Section 29830.
(b)If the firearm firearm, ammunition feeding device, or ammunition has been lost or stolen, the firearm it shall be restored to the lawful owner pursuant to Section 11108.5 upon the owners identification of the firearm, property, proof of ownership, and proof of eligibility to possess a firearm firearm, ammunition feeding device, or ammunition pursuant to Section 33865.
(c)This section does not prevent the local law enforcement agency from charging the rightful owner of the firearm property the fees described in Section 33880.
SEC. 9.Section 33875 of the Penal Code is amended to read:33875.Notwithstanding any other provision of law, no law enforcement agency or court shall be required to retain a firearm any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner of the firearm has been notified by the court or law enforcement agency that the firearm property has been made available for return. An unclaimed firearm firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired.
SEC. 10.Section 33880 of the Penal Code is amended to read:33880.(a)A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of a firearm or ammunition. any firearm, ammunition feeding device, or ammunition.
(b)The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of a firearm or ammunition, any firearm, ammunition feeding device, or ammunition, storing the firearm or ammunition, it, and surrendering possession of the firearm or ammunition it to a licensed firearms dealer or to the owner.
(c)The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm or ammunition firearm, ammunition feeding device, or ammunition was reported stolen at the time the firearm it came into the custody or control of the law enforcement agency.
(d)The following apply to any charges imposed for administrative costs pursuant to this section:
(1)The charges shall only be imposed on the person claiming title to the firearm or ammunition. firearm, ammunition feeding device, or ammunition.
(2)Any charges shall be collected by the local or state authority only from the person claiming title to the firearm or ammunition. firearm, ammunition feeding device, or ammunition.
(3)The charges shall be in addition to any other charges authorized or imposed pursuant to this code.
(4)A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of a firearm or ammunition, any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the firearm or ammunition. property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e)Costs for a hearing or appeal related to the release of a firearm or ammunition any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the firearm or ammunition, property, unless the legal owner voluntarily requests the poststorage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a poststorage hearing as a requirement for release of the firearm or ammunition firearm, ammunition feeding device, or ammunition to the legal owner.
SEC. 11.Section 33885 of the Penal Code is amended to read:33885.In a proceeding for the return of a firearm any firearm, ammunition feeding device, or ammunition seized and not returned pursuant to this chapter, where the defendant or cross-defendant is a law enforcement agency, the court shall award reasonable attorneys fees to the prevailing party.
SEC. 12.Section 33895 of the Penal Code is amended to read:33895.(a)Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to this chapter.
(b)Sections 30312 and 30342 do not apply to deliveries or transfers of returns of ammunition or ammunition feeding devices by a court or law enforcement agency made pursuant to this chapter.
SEC. 13.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a) Any A person who is prohibited from owning or possessing a firearm or ammunition pursuant to this article, or who is prohibited from owning or possessing a firearm or ammunition pursuant to any other law, may transfer or cause to be transferred, any firearm or firearms or ammunition in his or her possession, or of which he or she is the owner, to a firearms dealer licensed pursuant to Section 26700 to 26915, inclusive, for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm or ammunition will expire on a date specified in the court order. order or pursuant to Section 29800, 29805, or 29810.
(b)A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a), may charge the owner a reasonable fee for the storage of the firearm or firearms or ammunition.
(c)A firearms dealer who stores a firearm or firearms or ammunition pursuant to subdivision (a) shall notify the Department of Justice of the date that the firearms dealer has taken possession of the firearm or firearms or ammunition.
(d)Any firearm that is returned by a dealer to the owner of the firearm pursuant to this section shall be returned in accordance with the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6.
SECTION 1.Section 49458 of the Education Code is amended to read:49458.When a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic program, the physical examination may be performed by a physician and surgeon, physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, doctor of chiropractic practicing in compliance with Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code, naturopathic doctor practicing in compliance with Chapter 8.2 (commencing with Section 3610) of Division 2 of the Business and Professions Code, or nurse practitioner practicing in compliance with Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.When a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic program, the physical examination may be performed by a physician and surgeon or surgeon, physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. Code, doctor of chiropractic practicing in compliance with Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code, naturopathic doctor practicing in compliance with Chapter 8.2 (commencing with Section 3610) of Division 2 of the Business and Professions Code, or nurse practitioner practicing in compliance with Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.
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Date
|
Status
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|---|---|
| Sep 26, 2018 | Chaptered by Secretary of State. Chapter 780, Statutes of 2018. |
| Sep 26, 2018 | Approved by the Governor. |
| Sep 6, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2018 | Assembly amendments concurred in. (Ayes 33. Noes 2.) Ordered to engrossing and enrolling. |
| Aug 29, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2018 | From committee: Do pass as amended. (Ayes 12. Noes 1.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 14, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 12). |
| May 22, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 30, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Apr 19, 2018 | Referred to Com. on PUB. S. |
| Jan 30, 2018 | In Assembly. Read first time. Held at Desk. |
| Jan 29, 2018 | Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. |
| Jan 17, 2018 | Read second time. Ordered to consent calendar. |
| Jan 16, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jan 10, 2018 | Set for hearing January 16. |
| Jan 9, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (January 9). Re-referred to Com. on APPR. |
| Jan 4, 2018 | Set for hearing January 9. |
| Jan 3, 2018 | Re-referred to Com. on PUB. S. |
| Jan 3, 2018 | Withdrawn from committee. |
| Jan 3, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 29, 2017 | March 29 set for first hearing canceled at the request of author. |
| Mar 14, 2017 | Set for hearing March 29. |
| Mar 9, 2017 | Referred to Coms. on ED. and B., P. & E.D. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2018 | Unfinished Business SB746 Portantino Concurrence | Senate Floor |
Passed |
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| Aug 29, 2018 | SB 746 Portantino Senate Third Reading By QUIRK | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| Jan 29, 2018 | Consent Calendar SB746 | Senate Floor |
Passed |
|
| Jan 9, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | 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
|
|---|---|---|
| 25th California Chapter to the Brady Campaign to Prevent Gun Violence | * Support | Jun 12, 2018 |
| California Academy Of Family Physicians | ** Against | Mar 28, 2017 |
| California Academy Of Pediatrics | ** Against | Mar 28, 2017 |
| California ACEP | ** Against | Mar 28, 2017 |
| California Chiropractic Association | ** Support | Mar 28, 2017 |
| California Medical Association | ** Against | Mar 28, 2017 |
| California Naturopathic Doctors Association | ** Support | Mar 28, 2017 |
| National Shooting Sports Foundation, Inc. | * Against | Jun 12, 2018 |
| Southern California University of Health Sciences | ** Support | Mar 28, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 746
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 1/9/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 1/29/18 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Mendoza
ASSEMBLY FLOOR: Not available
DIGEST:
This bill establishes procedures for return of ammunition that has been seized by law enforcement or has been transferred to a licensed firearms dealer because of a temporary prohibition on ammunition possession. Requires eligibility to possess ammunition be established before ammunition can be returned.
Assembly Amendments
(1) make the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition; (2) make the procedure for a licensed firearm dealer to return a firearm that has been transferred to them because the person is temporarily prohibited from possessing a firearm applicable to ammunition; (3) allow a person that owns ammunition or ammunition feeding device that is in the custody of a court or law enforcement agency to sell those items to a licensed firearm dealer, ammunition vendor, or third party that is not prohibited from possessing such items; (4) direct the Department of Justice (DOJ) to annually review and adjust the fees necessary to process applications to return firearms, ammunition feeders, or ammunition seized by a court of law enforcement agency; (5) allow a person temporarily prohibited from possessing ammunition to transfer ammunition to an ammunition vendor, in addition to a licensed firearms dealer; (6) specify that any ammunition in the possession of a firearms dealer or ammunition vendor because of a temporary prohibition of ammunition possession, not be returned to the owner after the prohibition has expired, unless the owner meets the eligibility requirements necessary to purchase ammunition; (7) require that any firearm that is confiscated by law enforcement which does not possess an engraved serial number or other identification mark, as specified, be destroyed; (8) require a new resident to California to apply with DOJ for a serial number for any firearm that the resident owns that does not have a serial number; (9) state that a person is not authorized to manufacture or assemble an unsafe handgun, regardless of application for a serial number after July 1, 2018; (10) make July 1, 2020, the operative date for the provisions of this bill regarding ammunition feeding devices and ammunition, as specified; and (11) make legislative findings and declarations.
Existing law:
- States that any person who has been convicted of, or has an outstanding warrant for, a felony and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
- Provides that it is an alternate felony/misdemeanor for any person who has been convicted of, or has an outstanding warrant for, a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm.
- Requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by DOJ, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms.
- Provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both.
- Specifies that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both.
- Provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order.
- Specifies that it is a misdemeanor to person to own or possess a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and the person shall be prohibited from owning or possessing a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.
- States that a person who is prohibited from owning or possessing a firearm may transfer or cause to be transferred, any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Allows a firearms dealer who stores a firearm to charge the owner a fee for the storage of the firearm or firearms.
- Requires a firearms dealer who stores a firearm to notify the DOJ of the date that the firearms dealer has taken possession of the firearm or firearms.
- States that any firearm that is returned by a dealer to the owner of the firearm section shall be returned in accordance with requirements for delivery of a firearm.
- Allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
- Specifies that any person who claims ownership to any firearm that is in the custody of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by DOJ as to whether the applicant is eligible to possess a firearm.
- States that a law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless specified requirements are satisfied.
- Provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer.
- Allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information.
This bill:
- Makes the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition.
- Makes the procedure for a licensed firearm dealer to return a firearm that has been transferred to them because the person is temporarily prohibited from possessing a firearm applicable to ammunition.
- Allows a person that owns ammunition or ammunition feeding device that is in the custody of a court or law enforcement agency to sell those items to a licensed firearm dealer, ammunition vendor, or third party that is not prohibited from possessing such items.
- Directs DOJ to annually review and adjust the fees necessary to process applications to return firearms, ammunition feeders, or ammunition seized by a court of law enforcement agency.
- Allows a person temporarily prohibited from possessing ammunition to transfer ammunition to an ammunition vendor, in addition to a licensed firearms dealer.
- Specifies that any ammunition in the possession of a firearms dealer or ammunition vendor because of a temporary prohibition of ammunition possession, not be returned to the owner after the prohibition has expired, unless the owner meets the eligibility requirements necessary to purchase ammunition.
- Clarifies that a person who has an outstanding warrant for a felony or misdemeanor can transfer his or her firearms to a licensed firearms dealer, for the duration of the prohibition, as specified.
- Requires that any firearm that is confiscated by law enforcement which does not possess an engraved serial number or other identification mark, as specified, be destroyed.
- Requires a new resident to California to apply with DOJ for a serial number for any firearm that the resident owns that does not have a serial number.
- States that a person is not authorized to manufacture or assemble an unsafe handgun, regardless of application for a serial number after July 1, 2018.
- Makes July 1, 2020, the operative date for the provisions of this bill regarding ammunition feeding devices and ammunition, as specified.
- Makes legislative findings and declarations.
Background
Prior to the enactment of SB 539 (Pan, Chapter 739, Statutes of 2013), a person who was prohibited from owning or possessing a firearm was entitled to sell or transfer his or her firearm to a licensed dealer if the firearm was deposited with a law enforcement agency and the agency determined that a person was the legal owner and the firearm is otherwise legal. (Pen. Code § 33870.) The ability to transfer firearms to dealers under the law did not specify whether an owner who was temporarily prohibited from possessing a firearm had the ability to take back the firearm when the prohibition ended. SB 539 allowed firearms to be transferred to a licensed firearm dealer when a person was temporarily prohibited from possessing a firearm in situations such as restraining order.
AB 1014 (Skinner, Chapter 872, Statutes of 2014) enacted the gun violence restraining order law to address concerns related to mental health and firearms possession. Under the provisions of AB 1014, persons subject to gun violence restraining orders were required to either sell their weapons and ammunition or surrender those firearms and ammunition to law enforcement. AB 950 (Melendez, Chapter 205, Statutes of 2015) provided the option to transfer the weapon or ammunition to a licensed firearm dealer until the person was a in a position to legally repossess the firearm. In order to repossess the firearm, the person is subject to the same checks as if they were initially purchasing a weapon. SB 1325 (De Leon, Chapter 55, Statutes of 2016) required ammunition purchasers to be screened at point to purchase for any prohibitions on possessing ammunition. This bill specifies that the ammunition transferred to a firearm dealer or ammunition vendor can be returned at the expiration of the prohibition on ammunition possession, but that the owner must be screened for eligibility to possess the ammunition in the same manner as if they were conducting a purchase.
Under current law, if a firearm is in the possession of a court or law enforcement agency the person seeking to resume ownership of the firearm must get a determination of eligibility to own a firearm from DOJ before they court or law enforcement agency can release the firearm to the person. This bill would apply that same process to ammunition in the possession of a court or law enforcement agency.
AB 103 (Assembly Budget Committee), Chapter 17, Statutes of 2017 specified that a person with an outstanding warrant for a felony, or specified misdemeanors, is prohibited from owning or possessing a firearm.
This bill clarifies that persons who are prohibited from possessing firearms and ammunition due to an active warrant following the passage of AB 103 may transfer the firearm to a firearm dealer in the same manner as is allowed for other temporary prohibitions on firearm possession.
Current law allows DOJ to inspect licensed firearms dealers. These inspections are meant ensure that firearms dealers are following the regulatory requirements governing firearm sales. This bill requires DOJ to conduct inspections of firearm dealers at least every three years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. Presumably, more DOJ inspections would correlate to increased compliance with existing regulations. However, the background material provided by the author did not specifically state why this statutory change is needed. It is not clear how such a mandate would affect DOJ’s staffing and resources. Current law authorizes DOJ to charge dealers an annual fee, not to exceed $115 to cover the cost of maintaining the list of licensed firearm dealers, including the costs of inspections. A firearms dealer that is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from the portion of the fee that relates to the cost of DOJ inspections.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, significant GF costs for DOJ to handle a significant workload increase for the Bureau of Firearms to conduct dealer inspections every three years, requiring 14 new staff positions. In addition, DOJ will require additional staff and an external consultant for information technology system development. Specifically, DOJ reports annual costs of $2.2 million in 2018-19, $3.9 million in 2019-20, and $2.3 million in 2020-21 and ongoing.
None received
OPPOSITION: (Verified 8/27/18)
None received
8/30/18 0:06:03
**** END ****
SENATE THIRD READING
STR Bill Id:SB 746
Author:(Portantino)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Public Safety | 4-1 | Jones-Sawyer, Carrillo, McCarty, Weber | Kiley |
Appropriations | 12-1 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Gallagher |
SUMMARY: Establishes procedures for return of ammunition that has been seized by law enforcement or has been transferred to a licensed firearms dealer because of a temporary prohibition on ammunition possession. Requires eligibility to possess ammunition be established before ammunition can be returned. Specifically, this bill:
- Makes the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition.
- Makes the procedure for a licensed firearm dealer to return a firearm that has been transferred to them because the person is temporarily prohibited from possessing a firearm applicable to ammunition.
- Allows a person that owns ammunition or ammunition feeding device that is in the custody of a court or law enforcement agency to sell those items to a licensed firearm dealer, ammunition vendor, or third party that is not prohibited from possessing such items.
- Directs the Department of Justice (DOJ) to annually review and adjust the fees necessary to process applications to return firearms, ammunition feeders, or ammunition seized by a court of law enforcement agency.
- Allows a person temporarily prohibited from possessing ammunition to transfer ammunition to an ammunition vendor, in addition to a licensed firearms dealer.
- Specifies that any ammunition in the possession of a firearms dealer or ammunition vendor because of a temporary prohibition of ammunition possession, not be returned to the owner after the prohibition has expired, unless the owner meets the eligibility requirements necessary to purchase ammunition.
- Clarifies that a person who has an outstanding warrant for a felony or misdemeanor can transfer his or her firearms to a licensed firearms dealer, for the duration of the prohibition, as specified.
- Requires that any firearm that is confiscated by law enforcement which does not possess an engraved serial number or other identification mark, as specified, be destroyed.
- Requires a new resident to California to apply with DOJ for a serial number for any firearm that the resident owns that does not have a serial number.
- States that a person is not authorized to manufacture or assemble an unsafe handgun, regardless of application for a serial number after July 1, 2018.
- Makes July 1, 2020, the operative date for the provisions of this bill regarding ammunition feeding devices and ammunition, as specified.
- Makes Legislative findings and declarations.
EXISTING LAW:
- States that any person who has been convicted of, or has an outstanding warrant for, a felony and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
- Provides that it is an alternate felony/misdemeanor for any person who has been convicted of, or has an outstanding warrant for, a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm.
- Requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by the Department of Justice, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms.
- Provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both.
- Specifies that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both.
- Provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order.
- Specifies that it is a misdemeanor to person to own or possess a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and the person shall be prohibited from owning or possessing a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.
- States that a person who is prohibited from owning or possessing a firearm may transfer or cause to be transferred, any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Allows a firearms dealer who stores a firearm to charge the owner a fee for the storage of the firearm or firearms.
- Requires a firearms dealer who stores a firearm to notify the DOJ of the date that the firearms dealer has taken possession of the firearm or firearms.
- States that any firearm that is returned by a dealer to the owner of the firearm section shall be returned in accordance with requirements for delivery of a firearm.
- Allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
- Specifies that any person who claims ownership to any firearm that is in the custody of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by DOJ as to whether the applicant is eligible to possess a firearm.
- States that a law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless specified requirements are satisfied.
- Provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer.
- Allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, likely minor, costs for the Department of Justice.
COMMENTS: According to the author, "I am carrying this legislation with the input of the Department of Justice and others. By way of background in 2013 the Legislature passed and the Governor signed into law AB 539 (Pan) [Chapter 739] which dealt with creating additional options for persons who became prohibited from possessing guns to dispose of their guns without legal penalty.
''AB 539 provided that in lieu of surrendering or otherwise transferring ownership of firearms where persons were prohibited, AB 539 allowed persons subject to various temporary prohibitions to store their firearms with a state licensed gun dealer. Under that process DOJ is notified that the items are surrendered [if guns], and the return of the gun is subject to DROS with registration, etc. AB 539 as drafted was supposed to apply to all temporary prohibitions.
''In 2015, after the GVRO [Gun Violence Restraining Order] process was enacted in 2014, your AB 950 [(Melendez), Chapter 205] allowed a person, who is subject to a GVRO to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. AB 950 also allowed if the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer.
''AB 950 additionally provided for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition in the case of temporary prohibitions.
''Last year the Legislature passed AB 103 [(Budget Committee) Chapter 14, 2017)] and SB 112 [(Committee on Budget and Fiscal Review) Chapter 363, Statutes of 2017] which were both Budget Implementation Bills and therefore took effect when the Governor signed them into law. AB 103 dealt with the issue of firearms [and ammunition] prohibitions for persons with outstanding warrants for persons – who if convicted of that offense – could not possess firearms, ammunition, or ammunition accessories by prohibiting them from possessing the same during the prohibition. That issue had to be addressed because of a Federal Bureau of Investigation (FBI) and Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) dispute over whether persons with outstanding warrants were prohibited persons.
''At the time AB 103 was under consideration there were concerns raised as to notice and relinquishment procedures. The notice issue was dealt with in SB 112 which became law last September. As to relinquishment, the Office of the Attorney General has opined - albeit informally - that the immunity/defense created by AB 539 (Pan) for relinquishment applies to the "warrant" provision which should meet that concern.
''SB 746 codifies Attorney General Becerra's opinion and applies the provisions in AB 539 to allow relinquishment of firearms and ammunition to a dealer for storage while the person who is subject to the warrant prohibition or any other temporary prohibition.
''Two, in terms of ammunition returns, AB 950 applied AB 539 to ammunition returns. The exact process for doing so in current law is unclear because SB 1235 has not taken effect. The bill is being amended to make clear that dealer returns are subject to SB 1235 procedures.
''Third, because AB 950 applies to ammunition in law enforcement custody and an existing procedure called the Law Enforcement Gun Release process does not apply to ammunition and given the logistics it's not clear how it would be under current law. SB 746 imposes the same basic LEGR process on ammo returns as is the case with gun returns. As to ammunition accessories, prohibited persons cannot have speed loaders or any magazine under current law courtesy of a 1994 law sponsored by Dan Lungren.''
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004721
SENATE THIRD READING
STR Bill Id:SB 746
Author:(Portantino)
As Amended Ver:August 20, 2018
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Public Safety | 4-1 | Jones-Sawyer, Carrillo, McCarty, Weber | Kiley |
Appropriations | 12-1 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Gallagher |
SUMMARY: Establishes procedures for return of ammunition that has been seized by law enforcement or has been transferred to a licensed firearms dealer because of a temporary prohibition on ammunition possession. Requires eligibility to possess ammunition be established before ammunition can be returned. Specifically, this bill:
- Makes the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition.
- Makes the procedure for a licensed firearm dealer to return a firearm that has been transferred to them because the person is temporarily prohibited from possessing a firearm applicable to ammunition.
- Allows a person that owns ammunition or ammunition feeding device that is in the custody of a court or law enforcement agency to sell those items to a licensed firearm dealer, ammunition vendor, or third party that is not prohibited from possessing such items.
- Directs the Department of Justice (DOJ) to annually review and adjust the fees necessary to process applications to return firearms, ammunition feeders, or ammunition seized by a court of law enforcement agency.
- Allows a person temporarily prohibited from possessing ammunition to transfer ammunition to an ammunition vendor, in addition to a licensed firearms dealer.
- Specifies that any ammunition in the possession of a firearms dealer or ammunition vendor because of a temporary prohibition of ammunition possession, not be returned to the owner after the prohibition has expired, unless the owner meets the eligibility requirements necessary to purchase ammunition.
- Clarifies that a person who has an outstanding warrant for a felony or misdemeanor can transfer his or her firearms to a licensed firearms dealer, for the duration of the prohibition, as specified.
- Requires that any firearm that is confiscated by law enforcement which does not possess an engraved serial number or other identification mark, as specified, be destroyed.
- Requires a new resident to California to apply with DOJ for a serial number for any firearm that the resident owns that does not have a serial number.
- Clarifies that a person is not authorized to manufacture, assemble, or possess an unsafe handgun, regardless of application for a serial number.
- Makes Legislative findings and declarations.
EXISTING LAW:
- States that any person who has been convicted of, or has an outstanding warrant for, a felony and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
- Provides that it is an alternate felony/misdemeanor for any person who has been convicted of, or has an outstanding warrant for, a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm.
- Requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by the Department of Justice, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms.
- Provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both.
- Specifies that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both.
- Provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order.
- Specifies that it is a misdemeanor to person to own or possess a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and the person shall be prohibited from owning or possessing a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.
- States that a person who is prohibited from owning or possessing a firearm may transfer or cause to be transferred, any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Allows a firearms dealer who stores a firearm to charge the owner a fee for the storage of the firearm or firearms.
- Requires a firearms dealer who stores a firearm to notify the DOJ of the date that the firearms dealer has taken possession of the firearm or firearms.
- States that any firearm that is returned by a dealer to the owner of the firearm section shall be returned in accordance with requirements for delivery of a firearm.
- Allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law.
- Specifies that any person who claims ownership to any firearm that is in the custody of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by DOJ as to whether the applicant is eligible to possess a firearm.
- States that a law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless specified requirements are satisfied.
- Provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer.
- Allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order.
- Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, likely minor, costs for the Department of Justice.
COMMENTS: According to the author, "I am carrying this legislation with the input of the Department of Justice and others. By way of background in 2013 the Legislature passed and the Governor signed into law AB 539 (Pan) [Chapter 739] which dealt with creating additional options for persons who became prohibited from possessing guns to dispose of their guns without legal penalty.
''AB 539 provided that in lieu of surrendering or otherwise transferring ownership of firearms where persons were prohibited, AB 539 allowed persons subject to various temporary prohibitions to store their firearms with a state licensed gun dealer. Under that process DOJ is notified that the items are surrendered [if guns], and the return of the gun is subject to DROS with registration, etc. AB 539 as drafted was supposed to apply to all temporary prohibitions.
''In 2015, after the GVRO [Gun Violence Restraining Order] process was enacted in 2014, your AB 950 [(Melendez), Chapter 205] allowed a person, who is subject to a GVRO to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. AB 950 also allowed if the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer.
''AB 950 additionally provided for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition in the case of temporary prohibitions.
''Last year the Legislature passed AB 103 and SB 112 which were both Budget Implementation Bills and therefore took effect when the Governor signed them into law. AB 103 dealt with the issue of firearms [and ammunition] prohibitions for persons with outstanding warrants for persons – who if convicted of that offense – could not possess firearms, ammunition, or ammunition accessories by prohibiting them from possessing the same during the prohibition. That issue had to be addressed because of a Federal Bureau of Investigation (FBI) and Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) dispute over whether persons with outstanding warrants were prohibited persons.
''At the time AB 103 was under consideration there were concerns raised as to notice and relinquishment procedures. The notice issue was dealt with in SB 112 which became law last September. As to relinquishment, the Office of the Attorney General has opined - albeit informally - that the immunity/defense created by AB 539 (Pan) for relinquishment applies to the "warrant" provision which should meet that concern.
''SB 746 codifies Attorney General Becerra's opinion and applies the provisions in AB 539 to allow relinquishment of firearms and ammunition to a dealer for storage while the person who is subject to the warrant prohibition or any other temporary prohibition.
''Two, in terms of ammunition returns, AB 950 applied AB 539 to ammunition returns. The exact process for doing so in current law is unclear because SB 1235 has not taken effect. The bill is being amended to make clear that dealer returns are subject to SB 1235 procedures.
''Third, because AB 950 applies to ammunition in law enforcement custody and an existing procedure called the Law Enforcement Gun Release process does not apply to ammunition and given the logistics it's not clear how it would be under current law. SB 746 imposes the same basic LEGR process on ammo returns as is the case with gun returns. As to ammunition accessories, prohibited persons cannot have speed loaders or any magazine under current law courtesy of a 1994 law sponsored by Dan Lungren.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004107
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 746
Author:(Portantino) – As Amended Ver:June 14, 2018
Policy Committee: | Public Safety | Vote: | 4 - 1 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires the Department of Justice (DOJ) to conduct inspections of firearm dealers at least every three years, as specified. This bill also establishes procedures for return of ammunition that has been seized by law enforcement or has been transferred to a licensed firearms dealer because of a temporary prohibition on ammunition possession.
FISCAL EFFECT:
Significant GF costs for DOJ to handle a significant workload increase for the Bureau of Firearms to conduct dealer inspections every three years, requiring 14 new staff positions. In addition, DOJ will require additional staff and an external consultant for information technology system development. Specifically, DOJ reports annual costs of $2.2 million in 2018-19, $3.9 million in 2019-20, and $2.3 million in 2020-21 and ongoing.
COMMENTS:
Background and purpose. Current law allows DOJ to inspect firearm dealers, but does not require regular inspections within a specific timeframe. This bill requires DOJ to conduct inspections of firearm dealers at least every three years to ensure compliance with state firearms laws. In addition, current law specifies procedures for the temporary storage and return of firearms owned by individuals who are temporarily prohibited from possessing a firearm. This bill expands these provisions to include procedures for the temporary transfer and return of ammunition owned by individuals who are temporarily prohibited from possessing ammunition.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 12, 2018
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 746
Author:(Portantino) – As Amended Ver:May 22, 2018
As Proposed to be Amended in Committee
SUMMARY:
Establishes procedures for return of ammunition that has been seized by law enforcement or has been transferred to a licensed firearms dealer because of a temporary prohibition on ammunition possession. Requires eligibility to possess ammunition be established before ammunition can be returned. Requires the Department of Justice (DOJ) to conduct inspections of firearm dealers at least every three years, as specified. Specifically, this bill:
- Makes the procedure for a court or law enforcement agency to return a seized firearm applicable to ammunition.
- Makes the procedure for a licensed firearm dealer to return a firearm that has been transferred to them because the person is temporarily prohibited from possessing a firearm applicable to ammunition.
- Allows a person that owns ammunition or ammunition feeding device that is in the custody of a court or law enforcement agency to sell those items to a licensed firearm dealer, ammunition vendor, or third party that is not prohibited from possessing such items.
- Directs DOJ to annually review and adjust the fees necessary to process applications to return firearms, ammunition feeders, or ammunition seized by a court of law enforcement agency.
- Allows a person temporarily prohibited from possessing ammunition to transfer ammunition to an ammunition vendor, in addition to a licensed firearms dealer.
- Specifies that any ammunition in the possession of a firearms dealer or ammunition vendor because of a temporary prohibition of ammunition possession, not be returned to the owner after the prohibition has expired, unless the owner meets the eligibility requirements necessary to purchase ammunition.
- Clarifies that a person who has an outstanding warrant for a felony or misdemeanor can transfer his or her firearms to a licensed firearms dealer, for the duration of the prohibition, as specified.
- Requires the DOJ to conduct inspections of firearm dealers at least every three years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.
- Allows DOJ to inspect a dealer who is exempt from mandatory inspections.
- Makes Legislative findings and declarations.
EXISTING LAW:
- States that any person who has been convicted of, or has an outstanding warrant for, a felony and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (Pen. Code, § 29800.)
- Provides that it is an alternate felony/misdemeanor for any person who has been convicted of, or has an outstanding warrant for, a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm. (Pen. Code, § 29805.)
- Requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by the Department of Justice, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms. (Pen. Code, § 29810, subd. (a).)
- Provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both. (Pen. Code, § 29825, subd. (a).)
- Specifies that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both. (Pen. Code, § 29825, subd. (b).)
- Provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. (Pen. Code, § 29825, subd. (d).)
- Specifies that it is a misdemeanor to person to own or possess a firearm or ammunition with knowledge that he or she is prohibited from doing so by a gun violence restraining order and the person shall be prohibited from owning or possessing a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. (Pen. Code 18205.)
- States that a person who is prohibited from owning or possessing a firearm may transfer or cause to be transferred, any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms for storage during the duration of the prohibition, if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. (Pen. Code, § 29830, subd. (a).)
- Allows a firearms dealer who stores a firearm to charge the owner a fee for the storage of the firearm or firearms. (Pen. Code, § 29830, subd. (b).)
- Requires a firearms dealer who stores a firearm to notify the DOJ of the date that the firearms dealer has taken possession of the firearm or firearms. (Pen. Code, § 29830, subd. (d).)
- States that any firearm that is returned by a dealer to the owner of the firearm section shall be returned in accordance with requirements for delivery of a firearm. (Pen. Code, § 29830, subd. (d).)
- Allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (Pen. Code, § 29850.)
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- Specifies that any person who claims ownership to any firearm that is in the custody of a court or law enforcement agency and who wishes to have the firearm returned shall make application for a determination by DOJ as to whether the applicant is eligible to possess a firearm. (Pen. Code, § 33850, subd. (a).)
- States that a law enforcement agency or court that has taken custody of any firearm may return the firearm to any individual unless specified requirements are satisfied. (Pen. Code, § 33855, subd. (a).)
- Provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer. (Pen. Code, § 33870.)
- Allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. (Pen. Code, § 11106.)
- Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information. (Pen. Code, § 11106.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "I am carrying this legislation with the input of the Department of Justice and others. By way of background in 2013 the Legislature passed and the Governor signed into law AB 539 (Pan) which dealt with creating additional options for persons who became prohibited from possessing guns to dispose of their guns without legal penalty.
“AB 539 provided that in lieu of surrendering or otherwise transferring ownership of firearms where persons were prohibited, AB 539 allowed persons subject to various temporary prohibitions to store their firearms with a state licensed gun dealer. Under that process DOJ is notified that the items are surrendered [if guns], and the return of the gun is subject to DROS with registration, etc. AB 539 as drafted was supposed to apply to all temporary prohibitions.
“In 2015, after the GVRO process was enacted in 2014, your AB 950 allowed a person, who is subject to a GVRO to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. AB 950 also allowed if the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer.
“AB 950 additionally provided for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition in the case of temporary prohibitions.
“Last year the Legislature passed AB 103 and SB 112 which were both Budget Implementation Bills and therefore took effect when the Governor signed them into law. AB 103 dealt with the issue of firearms [and ammunition] prohibitions for persons with outstanding warrants for persons – who if convicted of that offense – could not possess firearms, ammunition, or ammunition accessories by prohibiting them from possessing the same during the prohibition. That issue had to be addressed because of an FBI and BATF dispute over whether persons with outstanding warrants were prohibited persons.
“At the time AB 103 was under consideration there were concerns raised as to notice and relinquishment procedures. The notice issue was dealt with in SB 112 which became law last September. As to relinquishment, the Office of the Attorney General has opined - albeit informally - that the immunity/defense created by AB 539 (Pan) for relinquishment applies to the "warrant" provision which should meet that concern.
“SB 746 codifies Attorney General Becerra’s opinion and applies the provisions in AB 539 to allow relinquishment of firearms and ammunition to a dealer for storage while the person who is subject to the warrant prohibition or any other temporary prohibition.
“Two, in terms of ammunition returns, AB 950 applied AB 539 to ammunition returns. The exact process for doing so in current law is unclear because SB 1235 has not taken effect. The bill is being amended to make clear that dealer returns are subject to SB 1235 procedures.
“Third, because AB 950 applies to ammunition in law enforcement custody and an existing procedure called the Law Enforcement Gun Release process does not apply to ammunition and given the logistics it’s not clear how it would be under current law. SB 746 imposes the same basic LEGR process on ammo returns as is the case with gun returns. As to ammunition accessories, prohibited persons cannot have speed loaders or any magazine under current law courtesy of a 1994 law sponsored by Dan Lungren.”
- Surrender of Firearms and Ammunition: Prior to the enactment of SB 539 (Pan), Chapter 739, Statutes of 2013, a person who was prohibited from owning or possessing a firearm was entitled to sell or transfer his or her firearm to a licensed dealer if the firearm was deposited with a law enforcement agency and the agency determined that a person was the legal owner and the firearm is otherwise legal. (Pen. Code § 33870.) The ability to transfer firearms to dealers under the law did not specify whether an owner who was temporarily prohibited from possessing a firearm had the ability to take back the firearm when the prohibition ended. SB 539 allowed firearms to be transferred to a licensed firearm dealer when a person was temporarily prohibited from possessing a firearm in situations such as restraining order.
AB 1014 (Skinner), Chapter 872, Statutes of 2014, enacted the gun violence restraining order law to address concerns related to mental health and firearms possession. Under the provisions of AB 1014, persons subject to gun violence restraining orders were required to either sell their weapons and ammunition or surrender those firearms and ammunition to law enforcement. AB 950 (Melendez), Chapter 205, Statutes of 2015 provided the option to transfer the weapon or ammunition to a licensed firearm dealer until the person was a in a position to legally repossess the firearm. In order to repossess the firearm, the person is subject to the same checks as if they were initially purchasing a weapon. SB 1325 (De Leon), Chapter 55, Statutes of 2016, requires ammunition purchasers to be screened at point to purchase for any prohibitions on possessing ammunition. This bill specifies that the ammunition transferred to a firearm dealer or ammunition vendor can be returned at the expiration of the prohibition on ammunition possession, but that the owner must be screened for eligibility to possess the ammunition in the same manner as if they were conducting a purchase.
Under current law, if a firearm is in the possession of a court or law enforcement agency the person seeking to resume ownership of the firearm must get a determination of eligibility to own a firearm from DOJ before they court or law enforcement agency can release the firearm to the person. This bill would apply that same process to ammunition in the possession of a court or law enforcement agency.
AB 103 (Budget), Chapter 17, Statutes of 2017 specified that a person with an outstanding warrant for a felony, or specified misdemeanors, is prohibited from owning or possessing a firearm.
This bill clarifies that persons who are prohibited from possessing firearms and ammunition due to an active warrant following the passage of AB 103 may transfer the firearm to a firearm dealer in the same manner as is allowed for other temporary prohibitions on firearm possession.
- Mandatory Inspections of Gun Dealers by DOJ: Current law allows DOJ to inspect licensed firearms dealers. These inspections are meant ensure that firearms dealers are following the regulatory requirements governing firearm sales. This bill would require DOJ to conduct inspections of firearm dealers at least every three years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. Presumably, more DOJ inspections would correlate to increased compliance with existing regulations. However, the background material provided by the author did not specifically state why this statutory change is needed. It is not clear how such a mandate would affect DOJ’s staffing and resources. Current law authorizes DOJ to charge dealers an annual fee, not to exceed $115 to cover the cost of maintaining the list of licensed firearm dealers, including the costs of inspections. A firearms dealer that is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from the portion of the fee that relates to the cost of DOJ inspections.
- Argument in Support: According to the California Chapters of the Brady Campaign, “Under existing law, a person who has an outstanding warrant for a felony or certain misdemeanors is prohibited from purchasing, owning, or possessing a firearm. The person must relinquish his or her firearms by either surrendering them to local law enforcement or selling them to a licensed firearm dealer. SB 746 would add the option of transferring firearms and ammunition to a licensed firearm dealer for storage during the duration of the prohibition.
“In recent years, legislation has been enacted to allow dealer storage as a relinquishment option for temporary firearm prohibitions, including those due to protective orders, domestic violence restraining orders and gun violence restraining orders. SB 746 would make the relinquishment options for a prohibition due to an outstanding warrant consistent with other temporary prohibitions. In all cases, firearm dealers must notify the California Department of Justice when they have taken possession of a gun and again when it is returned. Additionally, a dealer may charge the owner a reasonable fee for the storage of firearms and ammunition.
“This bill presents a reasonable alternative for the relinquishment of firearms for a specified period due to an outstanding warrant that carries a prohibition. To the extent that this option facilitates the swift and certain removal of firearms, public safety is enhanced. Additionally, the state benefits from the person not falling into the Armed Prohibited Persons System (APPS) and adding to the backlog. For these reasons, the California Brady Campaign supports SB 746.”
- Argument in Opposition: According to the National Shooting Sports Foundation, Inc., “With specified exceptions for dealers located in a local jurisdiction that has adopted its own inspection program, the bill would require that the Department of Justice (DOJ) conduct inspections of licensed firearms dealers at least once every 3 years.
“The firearms industry is one of the most heavily regulated industries in the country, regulated at both the federal and state level.
“Current California law already allows the DOJ to perform inspections of firearms dealers.
“By requiring that all dealers be inspected by DOJ at least every three years, the department would no longer be able to prioritize its inspection schedule as it deems best, and the bill would thus be detrimental to its inspection planning.
“The requirements of SB 746 would also put a strain on DOJ’s resources.
“The current fee imposed by DOJ is $95, but by mandating that DOJ perform inspections every three years, this fee would likely increase to the maximum amount of $115.
“SB 746 would do nothing to increase public safety, but it would be a burden not only for the California’s Department of Justice, but also for law-abiding California firearms retailers.” - Related Legislation:
- AB 2817 (Santiago), would have authorized the temporary transfer of a firearm that was voluntarily made to prevent a suicide. AB 2817 was held in the Assembly Appropriations Committee.
- AB 2888 (Ting), would allow an employer, co-worker, mental health practitioner, or an employee of a secondary or post- secondary school to file a petition requesting the court to issue a GVRO. AB 2888 is awaiting hearing in the Senate Public Safety Committee.
- AB 2817 (Santiago), would have authorized the temporary transfer of a firearm that was voluntarily made to prevent a suicide. AB 2817 was held in the Assembly Appropriations Committee.
- Prior Legislation:
- AB 103 (Budget), Chapter 17, Statutes of 2017, specified that a person with an outstanding warrant for a felony, or specified misdemeanors, is prohibited from owning or possessing a firearm.
- SB 112 (Budget & Fiscal Review), Chapter 363, Statutes of 2017, stated that criminal liability for owning or possessing a firearm when prohibited because of an outstanding warrant requires that the person be aware of the warrant.
- AB 950 (Melendez), Chapter 205, Statutes of 2015, allows a person, who is subject to a gun violence restraining order (GVRO), to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition.
- AB 539 (Pan), Chapter 739, Statutes of 2013, allows a person who is temporarily prohibited from owning or possessing a firearm to transfer firearms in his or her possession or ownership to a licensed firearms dealer for storage during the period of prohibition.
- AB 103 (Budget), Chapter 17, Statutes of 2017, specified that a person with an outstanding warrant for a felony, or specified misdemeanors, is prohibited from owning or possessing a firearm.
REGISTERED SUPPORT / OPPOSITION:
Support
California Chapters of the Brady Campaign
Opposition
National Shooting Sports Foundation, Inc.
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 746
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 1/9/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill authorizes a person who has an outstanding warrant for a felony or a misdemeanor to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the period of prohibition.
Existing law:
- Provides that it is a felony for any person who has been convicted of a felony or another specified offense under the laws of the United States, this state, or any other state, government, or country or who is addicted to the use of any narcotic drug, to own, purchase, receive, or have in his or her possession or under custody or control any firearm. (Pen. Code § 29800.)
- Provides that it is an alternate felony/misdemeanor for any person who has been convicted of a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm. (Pen. Code § 29805.)
- Requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by the Department of Justice, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms. (Pen. Code § 29810, subd. (a).)
- Provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both. (Pen. Code § 29825, subd. (a).)
- Provides that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both. (Pen. Code § 29825, subd. (b).)
- Provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment. (Pen. Code § 29825, subd. (d).)
- Allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (Penal Code § 29850.)
- Provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer. (Pen. Code § 33870.)
- Allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information. (Pen. Code § 11106.)
This bill authorizes a person who has an outstanding warrant for a felony or a misdemeanor to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the period of prohibition.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 1/16/18)
None received
Prepared by: Gabe Caswell / PUB. S. /
1/17/18 13:34:41
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 746 Hearing Date: January 9, 2018
Author: | Portantino | ||
Version: | January 3, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Firearms and Ammunition: Prohibited Possession: Transfer to Licensed Dealer
HISTORY
Source: Author
Prior Legislation: AB 103 (Budget), Ch. 17, Statutes of 2017
SB 112 (Budget & Fiscal Review), Ch.363, Statutes of 2017
AB 950 (Melendez), Ch. 205, Statutes of 2015
AB 539 (Pan), Ch. 739, Statutes of 2013
Support: Unknown
Opposition: None known
PURPOSE
The purpose of this bill authorizes a person who has an outstanding warrant for a felony or a misdemeanor to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the period of prohibition.
Existing law provides that it is a felony for any person who has been convicted of a felony or another specified offense under the laws of the United States, this state, or any other state, government, or country or who is addicted to the use of any narcotic drug, to own, purchase, receive, or have in his or her possession or under custody or control any firearm. (Pen. Code
§ 29800.)
Existing law provides that it is an alternate felony/misdemeanor for any person who has been convicted of a specified misdemeanor, within 10 years of the conviction, to own, purchase, receive, or have in his or her possession or under custody or control of any firearm. (Pen. Code § 29805.)
Existing law requires the court, at the time a judgment is imposed which prohibits a person from owning, purchasing, receiving, possessing, or having custody or control of any firearm, to provide on a form supplied by the Department of Justice, a notice to the person informing him or her of the prohibition regarding firearms and include a form to facilitate the transfer of firearms. (Pen. Code § 29810, subd. (a).)
Existing law provides that every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in county jail or 16 months, two or three years in the state prison, a fine of up to $1,000, or both. (Pen. Code § 29825, subd. (a).)
Existing law provides that every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction or a protective order, as specified, is guilty of a public offense, punishable by up to one year in a county jail, a fine of up to $1,000, or both. (Pen. Code § 29825, subd. (b).)
Existing law provides that the Judicial Council shall provide notice on all protective orders that the respondent is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the protective order is in effect. The order shall also state that the firearm shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed within a specified time of receipt of the order. The order shall state the penalties for a violation of the prohibition. The order shall also state on its face the expiration date for relinquishment. (Pen. Code
§ 29825, subd. (d).)
Existing law allows a person who is otherwise prohibited from possessing a firearm to possess the firearm if all of the following conditions are met:
- The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm;
- The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law;
- If the firearm was transported to a law enforcement agency, it was transported in a specified manner; and,
- If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (Penal Code § 29850.)
Existing law provides that if a law enforcement agency determines that a person is the legal owner of any firearm deposited with the agency, that person is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the person is entitled to sell or transfer the firearm to a licensed dealer. (Pen. Code § 33870.)
Existing law allows persons prohibited from owning or possessing a firearm pursuant provisions of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. Requires a firearms dealer who stores a firearm under these circumstances to notify DOJ of the date that the dealer has taken possession of the firearm, and requires the Attorney General to maintain a record of this information. (Pen. Code § 11106.)
This bill authorizes a person who has an outstanding warrant for a felony or misdemeanor to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition.
COMMENTS
1. Need for This Bill
According to the author:
Last year (2017) the Legislature passed AB 103 and SB 112. AB 103 dealt with the issue of firearms [and ammunition] prohibitions for persons with outstanding warrants for persons – who if convicted of that offense – could not possess firearms, ammunition, or ammunition accessories by prohibiting them from possessing the same during the prohibition.
SB 746 applies the provisions in AB 539 (Pan), Ch. 739, Statutes of 2013 to allow relinquishment of firearms and ammunition to a dealer for storage while the person who is subject to the warrant prohibition or other temporary prohibition issue is resolved. AB 539 provided that in lieu of surrendering or otherwise transferring ownership of firearms where persons were prohibited, AB 539 allowed persons subject to various temporary prohibitions to store their firearms with a state licensed gun dealer. Under that process DOJ is notified that the items are surrendered [if guns], and the return of the gun is subject to DROS.
In 2015, after the gun violence restraining order (GVRO) process was enacted in 2014, AB 950 (Melendez), Ch. 205, Statutes of 2015 allowed a person, who is subject to a GVRO to transfer his or her firearms or ammunition to a licensed firearms dealer for the duration of the prohibition. AB 950 also allowed if the firearms or ammunition have been surrendered to a law enforcement agency, the bill would entitle the owner to have them transferred to a licensed firearms dealer. AB 950 additionally provided for the transfer of ammunition to a licensed firearms dealer by any person who is prohibited from owning or possessing ammunition.
SB 746 clarifies that the AB 539 procedures applies to all temporary prohibitions and that includes ammunition. In terms of ammunition returns, AB 950 applied AB 539 to ammunition returns.
2. Surrender of Firearms and Ammunition
Prior to the enactment of SB 539 (Pan), Ch. 739, Statutes of 2013 a person who was prohibited from owning or possessing a firearm was entitled to sell or transfer his or her firearm to a licensed dealer if the firearm was deposited with a law enforcement agency and the agency determined that a person was the legal owner and the firearm is otherwise legal. (Pen. Code § 33870.) The ability to transfer firearms to dealers under the law did not specify whether an owner who was temporarily prohibited from possessing a firearm had the ability to take back the firearm when the prohibition ended. SB 539 explicitly provided for that alternative.
AB 1014 (Skinner), Chapter 872, Statutes of 2014, enacted a novel gun violence restraining order law in California to address concerns related to mental health and firearms possession after the Isla Vista shooting in Santa Barbara. Under the provisions of AB 1014, persons subject to gun violence restraining orders are required to either sell their weapons or surrender those firearms to law enforcement. AB 950 (Melendez), Ch. 205, Statutes of 2015 provided an option that is available for persons who are subject to domestic violence restraining orders. AB 950 provided the same remedy made available in SB 539 (Pan) for persons subject to a gun violence restraining order. By enacting AB 950 (Melendez), the original intent of AB 1014 was preserved, while the property interests of persons subject to restraint through a GVRO were also maintained.
This bill seeks to clarify that persons who are prohibited from possessing firearms and ammunition due to an active warrant following the passage of AB 103 (Budget), Ch. 17, Statutes of 2017 and SB 112 (Budget & Fiscal Review), Ch. 363, Statutes of 2017 may avail themselves of the same surrender provisions enacted in SB 539 (Pan).
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SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: SB 746 Hearing Date: March 29, 2017
Author: | Portantino | ||
Version: | February 17, 2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Brandon Darnell | ||
Subject: Pupil health: physical examinations
NOTE: This bill has been referred to the Committees on Education and Business, Professions and Economic Development. A "do pass" motion should include referral to the Committee on Business, Professions and Economic Development.
SUMMARY
This bill specifically authorizes a licensed doctor of chiropractic (DC), naturopathic doctor (ND), or nurse practitioner (NP) practicing in compliance with the respective laws governing the licensee’s profession to perform a physical examination that is required for participation in an interscholastic athletic program.
BACKGROUND
Existing law:
- Requires the governing board of a school district to make rules for the physical examination of the pupils in the public schools under its jurisdiction to ensure proper care of the pupils, as specified. (Education Code § 49450)
- Specifies that, when a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic program, the physical examination may be performed by a physician and surgeon or physician assistant (PA) practicing in compliance state licensing laws relating to PAs. (EC § 49458)
- Requires a school district, charter school, or private school that elects to offer an athletic program to immediately remove an athlete who is suspected of sustaining a concussion or head injury in an athletic activity shall be immediately removed from the athletic activity for the remainder of the day. (EC § 49475)
- Prohibits a player immediately removed from an athletic activity because he or she was suspected of sustaining a concussion or head injury from returning to the athletic activity until he or she is evaluated by a licensed health care provider. (EC § 49475)
- Defines “licensed health care provider” for purposes of (4) as a licensed health care provider who is trained in the management of concussions and is acting within the scope of his or her practice. (EC § 49475)
- Requires the governing board of any school district to provide for the testing of the sight and hearing of each pupil enrolled in the schools of the district, requires the test shall be adequate in nature, and requires it to be given only by duly qualified supervisors of health employed by the district; or by certificated employees of the district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing; or by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the district is located, under guidelines established by the State Board of Education (SBE); or accredited schools or colleges of optometry, osteopathic medicine, or medicine. (EC § 49452)
- Requires the governing board of any school district to provide for the screening of every female pupil in grade 7 and every male pupil in grade 8 for the condition known as scoliosis, requires the screening to be in accord with standards established by the California Department of Education, and requires the screening to be supervised only by qualified supervisors of health, as specified, or by school nurses employed by the district or the county superintendent of schools, or pursuant to contract with an agency authorized to perform these services by the county superintendent of schools of the county in which the district is located. (EC § 49452.5)
- Requires the scoliosis screening to be given only by individuals who supervise, or who are eligible to supervise, the screening, or licensed chiropractors, or by certificated employees of the district or of the county superintendent of schools who have received in-service training, pursuant to rules and regulations adopted by the SBE, to qualify them to perform these screenings. (EC § 49452.8)
- Requires a pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, to present proof, by May 31 of the school year, of having received an oral health assessment by a licensed dentist, or other licensed or registered dental health professional operating within his or her scope of practice, that was performed no earlier than 12 months before the date of the initial enrollment of the pupil. (Education Code § 49452.8(a))
- Authorizes a licensed medical doctor (MD), a licensed nurse practitioner (NP) qualified to perform a medical examination, a licensed physician assistant (PA), or a licensed doctor of chiropractic (DC) listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation, to perform a medical examination for purposes of an application for an original or renewal certificate to drive a school bus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle, as specified.
(Vehicle Code § 12517.2)
- Authorizes a licensed MD, a licensed NP qualified to perform a medical examination, a licensed PA, or a licensed DC listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation, to perform a medical examination for purposes of an application for issuance or renewal of a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, as specified.
(VC § 12804.9(a)(2)(A))
- Prohibits any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law. (Business and Professions Code (BPC) § 2052)
- Specifies that it is unprofessional conduct for a licensed chiropractor who, if in the course of a diagnostic evaluation the chiropractor detects an abnormality that indicates that the patient has a physical or mental condition, disease, or injury that is not subject to appropriate management by chiropractic methods and techniques, does not refer the patient to a physician and surgeon or other licensed health care provider who can provide the appropriate management of a patient's physical or mental condition, disease or injury within the provider’s scope of practice. (Title 16, California Code of Regulations, § 317(w))
ANALYSIS
This bill specifically authorizes a licensed doctor of chiropractic (DC), naturopathic doctor (ND), or nurse practitioner (NP) practicing in compliance with the respective laws governing the licensee’s profession to perform a physical examination that is required for participation in an interscholastic athletic program.
STAFF COMMENTS
- Need for the bill. According to the author, “Under current law, doctors of chiropractic have been legally performing preparticipation sports physicals in California for over 30 years. An outdated section of the education code does not list all health care providers qualified to perform these physicals. Some school districts are only accepting these physicals when performed by a health care provider listed in the education code, for fear of a perceived increase in potential liability.”
- Interscholastic Athletic Pre-Participation Physicals. Currently, school districts are required to ensure the safety of students and personnel, including establishing requirements for physical exams. To meet the mandate, school districts are authorized to require a pre-participation physical exam (PPE) for interscholastic sports. However, because school districts have the discretion to determine the breadth of the examination, there is no standard PPE. Some schools may require no physical, while others may require more extensive physicals. Therefore, some schools might only require a provider to ask a few health history questions and fill out a form. Others may require a physical exam similar to what a patient would receive during an annual check-up.
For instance, the standard pre-participation physical exam (PPE) form distributed by the American Academy of Family Physicians, American Academy of Pediatrics, American College of Sports Medicine, American Medical Society for Sports Medicine, American Orthopaedic Society for Sports Medicine, and American Osteopathic Academy of Sports Medicine and used by the California Interscholastic Federation (CIF) for high school sports utilizes a questionnaire but also requires a full physical exam. The full physical exam includes medical and musculoskeletal tests. The medical tests include detections of abnormalities in lymph nodes, abdomen, lungs, and for males, genitourinary system (genitals), among others. The musculoskeletal tests include the spine, elbows, knees, shoulders, and other joint and functional tests. Therefore, while many practitioners may have the training or competence to perform the exam, not all practitioners have the legal scope of practice to perform the full range of tests described on the form.
According to the analysis of AB 1992 (Jones, 2016), which was identical to this bill, by the Assembly Committee on Business and Professions, “MDs [medical doctors] are able to perform physical exams because the physician’s and surgeon’s license permits all medical practice. PAs [physician assistants] are able to perform physical exams because they can perform medical services under MD supervision and authorization under a delegation of services agreement.”
- Scope of Practice and the role for the Senate Committee on Business, Professions, and Economic Development. This bill has been double-referred to the Senate Committee on Business, Professions, and Economic Development, as it contains provisions within the jurisdiction of that committee. In the Assembly committee’s analysis of AB 1992, as it related to the scope of practice for nurse practitioners (NPs), the committee determined that “due to the additional training in primary care, the legal scope of NPs likely includes the physical examinations described under this bill. It would be up to the NP and the supervising physician (if applicable) to determine whether the NP is competent in each situation.” As it related to naturopathic doctors (NDs), the committee’s analysis determined that “because NDs are authorized to perform full physicals and the PPE forms do not require the practitioner to treat the observed ailments, the PPEs appear to fall within the legal scope of NDs. Again, the individual ND would determine whether performing the exam falls within the ND’s individual competence of practice.” Finally, as it related to doctors of chiropractic (DCs), the committee’s analysis determined that “PPEs that involve the spinal column appear to be within the legal scope of a DC. In addition, PPEs [prepaticipation physical examination] with general questionnaires and forms with questions about an athlete’s medical history which are filed out or answered by the patient may also be within a DC’s legal scope of practice (many DCs have patients fill out medical history forms). The individual DC would have to determine whether the PPE in question was within the DC’s competence to practice and whether a referral is needed.”
For purposes of this analysis, the Senate Committee on Education accepts the Assembly Committee on Business and Professions’ analysis NPs’, NDs’, and DCs’ scopes of practice as true, but recognizes that the issue of scope of practice is within the jurisdiction of the Senate Committee on Business, Professions and Economic Development, which may reach different conclusions.
- Access and Liability concerns. According to the author, “The California Chiropractic Association has worked for many years with the CIF [California Interscholastic Federation] to add chiropractic doctors to the signature/sign-off line of the CIF-suggested physical form. CIF states that it does not take an official position regarding chiropractors performing these examinations and transfers that authority to the local school districts/boards. However, because the CIF-suggested form only lists MD/DO and leaves out chiropractors, school liability insurance companies, such as Schools Insurance Authority (SIA), do not consider doctors of chiropractic allowed to perform theses physicals. This unclear situation has resulted in inconsistency throughout the state as some California school districts allow doctors of chiropractic to perform these physicals and some do not.”
Assuming that pre-participation physical exam (PPEs) are within the scope of practice of NPs, NDs, and DCs, this bill could alleviate concerns regarding liability for school districts who allow these licensed medical care providers to perform PPEs. Additionally, by specifically authorizing these licensed medical care providers to perform PPEs, parents and guardians would have greater access to a pool of providers from which to obtain PPEs, potentially allowing for cost savings for parents and guardians. However, because at least some PPE forms include something akin to “not cleared pending further evaluation,” the committee may wish to consider if allowing NPs, NDs, and DCs, whose scopes of practice might authorize the initial PPE but not necessarily the further evaluation that is required, could lead to the unintended result of parents and students having to visit multiple providers in order to determine clearance to play.
- How other states approach DCs and PPEs. According to a survey published in the Washington State Department of Health’s Chiropractic Scope of Practice Sunrise Review from December 2013 (http://www.doh.wa.gov/Portals/1/
Documents/Pubs/631046.pdf), “70% (35) of the chiropractic boards have policies allowing PPEs by DCs; 26% (13) have no policy; and 4% (2) specifically deny DCs to perform PPEs. 36% (18) AAs [state athletic associations] have policies allowing PPEs by DCs; 14% (7) leave the decision up to the local school boards; 42% (21) AAs specifically deny DCs; 4% (2) AAs have no policy; and 4% (2) have policies that require legal interpretation. Colorado uniquely requires the chiropractor to be "school physical certified". Oregon and Washington expressed concerns about the chiropractor's ability to detect cardiac pathologies.
Washington has handled this by allowing chiropractors only to perform PPEs as part of a team. Rhode Island and Vermont have no PPE policy. Nevada declares the issue is under review. New Hampshire and Nebraska have policies subject to interpretation. The reason for some of the athletic associations refusing DC-performed PPEs is the issue regarding the DCs ability to detect cardio pathology/cardio-monitoring. They believe chiropractors do not know how to do this, or do not do it with enough regularity.”
- Physical Examinations of Commercial Drivers. Nurse practitioners (NPs) and doctors of chiropractic (DCs) are also authorized to perform exams to certify various types of drivers of motor vehicles under state and federal law. Because NPs operate under SPPs, no additional qualification is necessary (besides self-regulation for competence). DCs, however, must be certified as a Certified Medical Examiner with the National Registry of Certified Medical Examiners under the Federal Motor Carrier Safety Administration (FMCSA) program. To be listed, medical examiners must complete training and successfully pass a test on FMCSA's physical qualification standards. The medical examiners perform medical examinations for commercial motor vehicle drivers in interstate commerce. The goal of the training is to ensure the medical examiners fully understand the medical standards in the FMCSA regulations, related guidance, and how they relate to the medical demands of operating a commercial motor vehicle. The exam for drivers appears to fall within the scope and competence of an NP for the reasons stated above. It appears to fall within the scope of a DC because driving involves the spine and neck. However, the purpose of a pre-participation physical exam (PPE) for school athletic programs is different from that of the certification for ability to drive a motor vehicle. Therefore, competence to perform the motor vehicle exam is not necessarily suggestive of competence to perform an interscholastic PPE.
- Previous Legislation. AB 1992 (Jones, 2016), which was identical to this bill, authorized a licensed DC, naturopathic doctors (NDs), or NP practicing in compliance with the respective laws governing the licensee’s profession to perform a physical examination that is required for participation in an interscholastic athletic program. AB 1992 failed passage in the Assembly Committee on Business and Professions and was denied reconsideration.
SUPPORT
California Chiropractic Association
California Naturopathic Doctors Association
Southern California University of Health Sciences
OPPOSITION
California Academy of Family Physicians
California Academy of Pediatrics
California ACEP (American College of Emergency Physicians)
California Medical Association
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Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
14MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):