From ba-firearms-request Tue Mar 8 15:55:33 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id PAA14111; Tue, 8 Mar 1994 15:54:58 -0800 Errors-to: ba-firearms-request@shell.portal.com Sender: ba-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id PAA14097 for ; Tue, 8 Mar 1994 15:54:56 -0800 Received: from etch-eshop.Berkeley.EDU (etch-eshop.Berkeley.EDU [128.32.142.8]) by nova.unix.portal.com (8.6.4/8.6.5) with ESMTP id PAA06807 for ; Tue, 8 Mar 1994 15:54:55 -0800 Received: from localhost by etch-eshop.Berkeley.EDU (8.6.4/1.28) id PAA25305; Tue, 8 Mar 1994 15:53:45 -0800 Date: Tue, 8 Mar 1994 15:53:45 -0800 From: edward@etch-eshop.Berkeley.EDU (Jay Edward Sparks) Message-Id: <199403082353.PAA25305@etch-eshop.Berkeley.EDU> To: ba-firearms@shell.portal.com Subject: SB 1896 Status: RO I just got this from leginfo.public.ca.gov. pax version 1.2 BILL NUMBER: SB 1896 INTRODUCED 02/25/94 BILL TEXT INTRODUCED BY Senator Petris FEBRUARY 25, 1994 An act to amend Sections 12025, 12031, 12071, 12072, 12076, 12077, 12084, 12100, and 12101 of, and to add Section 12071.05 to, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 1896, as introduced, Petris. Firearms. (1) Under existing law, any person, except as specified, who carries concealed within any vehicle which is under his or her control, or concealed upon his or her person, any concealable firearm or who carries a loaded firearm on his or her person or in a vehicle in public without having a license to carry that firearm is generally guilty of a misdemeanor. Existing law provides that a person convicted previously of a specified misdemeanor who violates these provisions shall be punished by a minimum term of imprisonment of 3 months, except in unusual cases where the interests of justice would best be served by not requiring this punishment. This bill would revise and recast these provisions. The bill would make these offenses felonies punishable by imprisonment in the state prison, or in a county jail not exceeding one year. The bill would increase the minimum sentence, in any case in which probation is granted, to imprisonment of 6 months in all cases of a violation of these provisions, except there shall be an alternative sentence of 750 hours of community service or 120 days of home detention. (2) Existing law authorizes the duly constituted licensing authority of a city, county, or a city and county to accept applications for, and grant, licenses to sell firearms at retail within the city, county, or city and county. Existing law prohibits these entities from granting a license to any applicant who fails to provide a copy of his or her valid federal firearms license, valid seller's permit issued by the Board of Equalization, and a certificate of eligibility issued by the Department of Justice that certifies the person is not a member of a class prohibited from possessing a firearm. Existing law provides that the license is subject to forfeiture for a breach of certain prohibitions and requirements, including the requirement that the business be conducted only in the buildings designated in the license. This bill would provide that a license to sell firearms authorized under this provision shall not be issued to any person, nor shall a person operate a business, for the purpose of selling firearms in violation of certain local ordinances or in any area in which there are local restrictions on commercial activity, in any residential area, within 1,000 feet of any school or day care center, or within 1,500 feet of another dealer or an adult entertainment establishment. The bill would provide that a license that has been issued shall be subject to forfeiture or suspension, as specified, if a dealer is involved in certain prohibited acts in violation of these and other designated provisions. The bill would provide that a license shall not be issued to any of specified persons, including any person under the age of 18 years, any person not licensed as required by local and state law, and any person who has made false or misleading statements in the application for a dealer's license. The bill also would require any person licensed to sell firearms under these provisions to maintain $1,000,000 in insurance coverage. (3) Existing law provides that no firearm shall be delivered to a purchaser unless unloaded and securely wrapped or unloaded and in a locked container, if the purchase is from a dealer. Existing law provides that where 2 parties neither of whom are firearm's dealers complete the purchase through a law enforcement agency, no firearm shall be delivered unless certain conditions are met. This bill would add the requirement that no firearm shall be delivered unless the firearm is accompanied by a trigger lock to these provisions. (4) Existing law also provides that no firearm shall be delivered unless the purchaser or transferee presents clear evidence of his or her identity and age to the dealer or law enforcement agency. For the purpose of these provisions, "clear evidence of his or her identity and age" includes, but is not limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card, an employment identification card that contains the bearer's signature and photograph, or any similar documentation that provides the seller reasonable assurance of the identity and age of the purchaser. This bill would require, instead, that no firearm shall be delivered unless the purchaser or transferee presents a California driver's license or identification card issued by the Department of Motor Vehicles. The bill would make conforming changes. (5) Existing law, commencing April 1, 1994, provides that before a dealer or law enforcement agency may deliver a pistol, revolver, or other firearm capable of being concealed upon the person, the purchaser or transferee is required to present to the dealer or law enforcement agency a basic firearm safety certificate issued by the Department of Justice. This bill would extend this requirement to apply to any firearm delivered by a dealer or law enforcement agency, except as specified. The bill would provide that the basic firearm certificate issued to a purchaser or transferee pursuant to this provision shall only be valid for 4 years, after which the person must be recertified. The bill also would require the dealer or law enforcement agency to provide the purchaser or transferee with a list of referrals to certified basic firearm safety courses. (6) Existing law provides that any person, corporation, or firm who knowingly supplies, sells, or gives possession or control of any firearm to any person within any of certain prohibited classes shall be guilty of a felony, or a misdemeanor punishable by imprisonment in a county jail not exceeding one year. The bill would provide for a mandatory sentence from 3 alternatives, as specified, for a person granted probation upon conviction of this provision. The bill would provide, in addition, that any person who participates in the purchase of a firearm for a person who is a member of any of certain prohibited classes or who is under 21 years is guilty of a felony. (7) Existing law requires the Department of Justice to prepare a pamphlet that summarizes the California firearms laws as specified, and offer copies of the pamphlet at actual cost to firearms dealers who are required to make copies of the most recent version available for sale to retail purchasers or transferees of firearms. This bill would require the Department of Justice to develop and maintain a document to be distributed with the dealer's register of sale, as specified, containing specific information on current requirements and prohibitions as they relate to the possession of firearms, firearm's transactions, and the dealer. The bill would provide that the department or any other public entity shall be immune from any liability arising from the drafting, publication, or dissemination of this document or any reliance on it. (8) Existing law provides that any person or corporation that sells any pistol, revolver, or other firearm capable of being concealed upon the person to any minor is guilty of a misdemeanor, except that this offense is a felony if the person has a prior conviction of this offense or certain other offenses or if the person who violates this provision is a member of a specified prohibited class. Existing law provides that it is also a misdemeanor for a person or corporation to furnish, give, or otherwise transfer possession of any pistol, revolver, or other firearm capable of being concealed upon the person to any minor without the written consent or implied permission of a parent or legal guardian. Existing law also provides that a licensed firearms dealer who sells, delivers, or transfers any pistol, revolver, or firearm capable of being concealed upon the person to any person under the age of 21 years or any other firearm to a person under the age of 18 years is guilty of a misdemeanor. This bill would revise and recast these provisions. The bill would (a) delete the latter provision and (b) provide that any person, corporation, or dealer who sells any firearm to, or furnishes, gives, or otherwise transfers possession of any firearm without the prior written consent or implied permission of a parent or legal guardian to, any person under the age of 21 years is guilty of a felony punishable as specified. (9) Existing law prohibits a minor from possessing a pistol, revolver, or other firearm capable of being concealed upon the person unless the minor has the written consent of his or her parent or guardian or unless the minor is accompanied by his or her parent or legal guardian while he or she has the firearm in his or her possession and prohibits a minor from possessing ammunition, except as specified. A first violation of these provisions is a misdemeanor and a second or subsequent violation is punishable by imprisonment in the state prison, or in a county jail not exceeding one year. This bill would revise and recast these provisions. The bill would provide, instead, that any person under the age of 21 years who possesses a firearm or ammunition without direct adult supervision shall be guilty of a felony, except with regard to the possession of a long gun firearm and ammunition for that firearm while lawfully hunting in licensed areas and under the supervision of an adult. The bill would provide that a person who violates this provision shall be subject to the suspension of his or her driver's license privileges until the age of 21 years. Because this bill would increase the punishment for certain crimes and create a new crime, it would impose a state-mandated local program. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.