AB 1406: Firearms: waiting periods.

Existing law requires every sale or transfer of a firearm to be processed through a licensed dealer. Existing law requires the dealer to obtain specified information about the purchaser and forward that information to the Department of Justice, as specified. Existing law prohibits a dealer from delivering a firearm within 10 days after the application to purchase, as specified.

Existing law requires the department, upon receiving the information about a firearm purchaser, to examine specified records and notify the dealer if the person is prohibited from possessing a firearm or, if specified records are incomplete, to request that the dealer delay delivery of the firearm until that information can be verified.

This bill would authorize the department to request a delay of the delivery of a firearm if additional research is required to determine a persons eligibility, as specified.

This bill would additionally authorize the department to request a delay of the delivery of a firearm for up to 30 days if an emergency, as defined, has caused the department to be unable to review records to determine a purchasers eligibility to purchase, receive, own, or possess a firearm prior to the conclusion of the waiting period.

This bill would, if a firearm being sold or transferred is reported as lost or stolen, require the department to reject the transaction and notify the law enforcement agency that reported the firearm as lost or stolen. The bill would require the dealer to hold the firearm and require that law enforcement agency to retrieve the firearm from the dealer, as specified. By requiring the law enforcement agency to retrieve the firearm, this bill would impose a state-mandated local program.

This bill would also make changes to the notification procedures to purchasers regarding rejected or delayed background checks, as specified.

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.