An act to amend Sections 12001, 12071, 12072, 12073, 12076, 12077, 12078, and 12084 of the Penal Code, relating to firearms.
Changes to statutes are referenced to existing law. Changes to legislative counsel's digest are referenced to previous issue of bill, which was the initial (as introduced) version. Additions are in bold italics. Material in bold alone is that way for emphasis. Large amounts of material in the actual bill are removed because the areas are not affected by the bill and the complete file is very large. Material in red is comment by J. Phillips.
(1) Existing law specifies prohibitions and requirements with regard to the circumstances under which a person licensed to sell firearms may sell or transfer a firearm, including a 10-day waiting period. Any violation of these provisions is a misdemeanor or a felony and a basis for which the dealer's license is subject to forfeiture. Existing law also provides for the completion of a transaction through a law enforcement agency as an alternative to completing the transaction through a licensed firearms dealer, and imposes specified prohibitions and requirements with regard to these transactions, including a 10-day waiting period.
This bill additionally would require a firearms dealer, or the
seller when the transaction is completed through a law enforcement
agency, to complete and forward to the Department of Justice a
pistol-revolver delivery record, as defined, on the date that a
concealable firearm is delivered. Any violation of this requirement
by a firearms dealer would be punishable as a misdemeanor or a felony
and would subject the firearms dealer's license to forfeiture.
Additionally, this bill would exempt the sale, delivery, loan, or
transfer of a concealable firearm that is not
capable of being concealed upon the person to a person who is
currently licensed as a hunter, as specified, from these 10-day
waiting periods. By creating a new crime, the bill would impose a
state-mandated local program.
(2) Existing law authorizes the Department of Justice to charge a fee sufficient to reimburse it for processing costs associated with specified forms and reports related to firearms transactions but not to exceed $14, except that the fee may be increased at a specified rate.
This bill would include processing costs associated with pistol-revolver delivery records within this fee authorization.
(3) Existing law requires , except for specified transports,
that firearms dealers to enter specified
information concerning firearm transfers into either a register of
sales or record of electronic or telephonic transfer. A violation of
this requirement these requirements is
punishable as a misdemeanor.
This bill would create an exemption from those recordkeeping requirements where the transfer is by a dealer, private individual, or federally licensed dealer to a government agency, as specified.
This bill also would require this information to include, with respect to firearms that are not capable of being concealed upon the person, the licensed hunter waiting period exemption, as described in (1) above. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would also require the department, upon determining a purchaser has obtained, as defined, 2 or more pistols, revolvers, or concealable firearms, within a 30-day period, to report that fact to local police entities where the purchaser resides.
(4) Existing law exempts the delivery of a firearm to a gunsmith for service or repair from specified requirements and prohibitions applicable to the transfer of a firearm.
This bill additionally would exempt the return of a firearm to its owner by a gunsmith who has serviced or repaired that firearm.
(5) Existing law, except as specified, prescribes certain licensing requirements for firearms dealers, and specifies certain requirements and restrictions in connection with the delivery, sale, or transfer of firearms.
This bill would exempt from those restrictions and requirements, the delivery, sale, and transfer of firearms by a dealer, private individual, or federally licensed dealer to a government agency, as specified.
(6) Existing law exempts the infrequent sale, loan, or transfer of a firearm that is not capable of being concealed upon the person that is a curio or relic manufactured at least 50 years prior to the current date from the requirement of being completed through a licensed dealer or law enforcement agency where neither party to the transaction holds a dealer's license.
This bill additionally would exempt the infrequent sale, loan, or transfer of a firearm that is not capable of being concealed upon the person that is a curio or relic between persons licensed as collectors, as specified, from this requirement.
(6)
(7) This bill would also provide that Chapter 1180 of the Statutes
of 1988 shall be known, and may be cited as the Klehs Safe and
Responsible Firearms Transfer Act of 1988.
(8) 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.
Following is what would actually change in the law:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
12001 is a lot of definitions. [BILL]
12001. (a) ..........
Subsection (p) was added by the initial version of the bill.
(p) As used in Sections 12071 and 12084, a "pistol-revolver delivery record" is a record in a format prescribed by the Department of Justice in triplicate which shall contain at least all of the following:
(1) The date and time that the licensee actually delivered the pistol, revolver, or other firearm capable of being concealed upon the person to the person who is acquiring ownership of the firearm.
(2) The name, address, and California firearms dealer license number of the licensee delivering the firearm.
(3) The name, address, date of birth, signature, and California driver's license number or California identification card number of the person who is acquiring ownership of the firearm.
(4) The make, model, serial number, caliber, and any other information as may identify the firearm.
(5) Whether or not the transaction is conducted pursuant to
Section 12082. 12071 is about dealer licensing.
[BILL]
12071. (a)........
Following was added by the initial version of the bill.
(20) (A) On the date that the licensee delivers a pistol, revolver, or other firearm capable of being concealed upon the person, he or she shall also do all of the following:
(i) Complete a pistol-revolver delivery record.
(ii) Forward to the Department of Justice a completed copy of the pistol-revolver delivery record.
(iii) Provide a completed copy of the pistol-revolver delivery record to the person acquiring ownership of the firearm.
(B) The provisions of subparagraph (A) shall not apply to a transaction subject to the provisions of paragraph (1) of subdivision (a) of Section 12078, or subdivision (n), (r), or (t) of Section 12078..................
SEC. 3. Section 12072 of the Penal Code is amended to read:
12072.(a) (1)................
Following (9) was added by initial version of the bill.
(9) The dealer shall comply with the provisions of paragraph (20) of subdivision (b) of Section 12071...............
Change to 12073 was added 4/7/99. [BILL]
12073. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Section 12077.
(b) This section shall not apply to any of the following transactions:
(1).................
Following added 4/7/99:
(9) The delivery, sale, or transfer of an unloaded firearm by a dealer, to an authorized representative of a city, city and county, county, the state, or the federal government for those governmental agencies where the government entity is acquiring the weapon as part of an authorized, voluntary program where the entity is buying or receiving weapons from a private individual, or to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) A violation of this section is a misdemeanor.
12076.(a)..........
(f) (1) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the California Department of Industrial Relations:
(A) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to Section 12078 if neither a dealer nor a law enforcement agency acting pursuant to Section 12084 is filing the form or report.
(B) For the actual processing costs associated with the submission of a Dealers' Record of Sale to the department by a dealer or of the submission of a LEFT to the department by a law enforcement agency acting pursuant to Section 12084 if the waiting period described in Sections 12071, 12072, and 12084 does not apply.
(C) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to subdivision (l) of Section 12078 or paragraph (18) or (20) [orig] of subdivision (b) of Section 12071, or clause (i) of subparagraph (A) of paragraph (2) of subdivision (f) of Section 12072, or paragraph (3) of subdivision (f) of Section 12072................
(l) As used in this section, the following definitions apply:
(1) "Purchaser" means the purchaser or transferee of a firearm or a person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
(4) "Seller" means, if the transaction is being conducted pursuant to Section 12082, the person selling, loaning, or transferring the firearm.
SEC. 5. Section 12077 of the Penal Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of the register and the record of electronic or telephonic transfer pursuant to Section 12074..............
(c) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, information contained in the register or record of electronic or telephonic transfer shall be the date and time of sale, peace officer exemption status pursuant to subdivision (a) of Section 12078 and the agency name, auction or event waiting period exemption pursuant to subdivision (g) of Section 12078, California Firearms Dealer number issued pursuant to Section 12071, dangerous weapons permitholder waiting period exemption pursuant to subdivision (r) of Section 12078, curio and relic waiting period exemption pursuant to paragraph (1) of subdivision (t) of Section 12078, licensed hunter waiting period exemption pursuant to subdivision (u) of Section 12078, [orig] full name of purchaser, purchaser's complete date of birth, purchaser's local address, if current address is temporary, complete permanent address of purchaser, identification of purchaser, purchaser's place of birth (state or country), purchaser's complete telephone number, purchaser's occupation, purchaser's sex, purchaser's physical description, all legal names and aliases ever used by the purchaser, yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Section 12021 or an offense described in Section 12021.1, the purchaser's status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code, signature of purchaser, signature of salesperson (as a witness to the purchaser's signature), name and complete address of the dealer or firm selling the firearm as shown on the dealer's license, the establishment number, if assigned, the dealer's complete business telephone number, any information required by Section 12082, and a statement of the penalties for any person signing a fictitious name or address or for knowingly furnishing any incorrect information or for knowingly omitting any information required to be provided for the register.........
(f) As used in this section, the following definitions shall control:
(1) "Purchaser" means the purchaser or transferee of a firearm or the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
[BILL] SEC. 6. Section 12078 of the Penal Code is amended to read:
12078. (a) .......
(e) Section 12071 and subdivisions (c) and (d) of Section 12072 shall not apply to the delivery of a firearm to a gunsmith for service or repair or the return of a firearm to its owner by a gunsmith who has serviced or repaired that firearm.[orig].................
(i) (1) Subdivision (d) of Section 12072 shall not apply to a person who takes title or possession of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person by operation of law if the person is not prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms.
(2) Subdivision (d) of Section 12072 shall not apply to a person who takes title or possession of a pistol, revolver, or other firearm capable of being concealed upon the person by operation of law if the person is not prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms and all of the following conditions are met:
(A) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.210 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subparagraph (G), (I), or (J) of paragraph (2) of
subdivision (u) (v), [4/7/99]the person shall, within 30 days of taking possession, forward by prepaid mail or
deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question. The reports that individuals
complete pursuant to this paragraph shall be provided to them by the
department.
(B) If the person taking title or possession is receiving the
firearm pursuant to subparagraph (G) of paragraph (2) of subdivision
(u) (v), the person shall do both of
the following:[4/7/99].
(i) Within 30 days of taking possession, forward by prepaid mail or deliver in person to the department, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this paragraph shall be provided to them by the department.
(ii) Prior to taking possession of the firearm, the person shall either obtain a basic firearms safety certificate or be exempt from obtaining a basic firearms safety certificate pursuant to Section 12081.
(C) Where the person receiving title or possession of the pistol,
revolver, or other firearm capable of being concealed upon the person
is a person described in subparagraph (I) of paragraph (2) of
subdivision (u) (v), [4/7/99] on the date that the person is delivered the firearm, the name and other information
concerning the person taking possession of the firearm, how title or
possession of the firearm was obtained and from whom, and a
description of the firearm by make, model, serial number, and other
identifying characteristics, shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that transferred or delivered the firearm. Those agencies
without access to AFS shall arrange with the sheriff of the county in
which the agency is located to input this information via this
system.
(D) Where the person receiving title or possession of the pistol,
revolver, or other firearm capable of being concealed upon the person
is a person described in subparagraph (J) of paragraph (2) of
subdivision (u) (v), [4/7/99] on the date that the person is delivered the firearm, the name and other information
concerning the person taking possession of the firearm, how title or
possession of the firearm was obtained and from whom, and a
description of the firearm by make, model, serial number, and other
identifying characteristics, shall be entered into the AFS via the
CLETS by the law enforcement or state agency that transferred or
delivered the firearm. Those agencies without access to AFS shall
arrange with the sheriff of the county in which the agency is located
to input this information via this system. In addition, that law
enforcement agency shall not deliver that pistol, revolver, or other
firearm capable of being concealed upon the person to the person
referred to in this subparagraph unless prior to the delivery of the
same the person presents proof to the agency that he or she is the
holder of a basic firearms safety certificate or is exempt from
obtaining a basic firearms safety certificate pursuant to Section
12081.............
Following (7) added 4/7/99:
(7) The delivery, sale, or transfer of an unloaded firearm by a dealer, to an authorized representative of a city, city and county, county, the state, or the federal government for those governmental agencies where the government entity is acquiring the weapon as part of an authorized, voluntary program where the entity is buying or receiving weapons from a private individual, or a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any weapons acquired pursuant to this subdivision shall be disposed of pursuant to the applicable provisions of Section 12028 or 12032.
(t) (1) ...........
Following added in orig version of bill.
(3) Subdivision (d) of Section 12072 shall not apply to the infrequent sale, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, which is a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations, between persons licensed as collectors pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, where both parties have a current certificate of eligibility issued pursuant to Section 12071.
(u) The waiting period described in Sections 12071, 12072, and 12084 shall not apply to the sale, delivery, loan, or transfer of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, by a dealer or through a law enforcement agency to a person who is currently licensed as a hunter pursuant to the Fish and Game Code and the regulations issued pursuant thereto, who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 12071. On the date that the delivery, sale, or transfer is made, the dealer delivering the firearm, or the law enforcement agency processing the transaction pursuant to Section 12084, shall forward by prepaid mail to the Department of Justice a report of the transaction pursuant to subdivision (b) of Section 12077 or Section 12084. If the electronic or telephonic transfer of applicant information is used, on the date that the application to purchase is completed, the dealer delivering the firearm shall transmit to the Department of Justice an electronic or telephonic report of the transaction as is indicated in subdivision (c) of Section 12077.
(v)(u) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of subdivision (c) of Section 12070.
(2) "A person taking title or possession of firearms by operation of law" includes, but is not limited to, any of the following instances wherein an individual receives title to, or possession of, firearms:
(A) The executor or administrator of an estate if the estate includes firearms.
(B) A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver if the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties if the bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property consisting of firearms pursuant to Section 850 of the Family Code.
(H) Firearms passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(I) Firearms received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(J) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code.
12084. (a) As used in this section, the following definitions apply:
(1) "Agency" means a sheriff's department in a county of less than 200,000 persons, according to the most recent federal decennial census, that elects to process purchases, sales, loans, or transfers of firearms.
(2) "Seller" means the seller or transferor of a firearm or the person loaning the firearm.
(3) "Purchaser" means the purchaser or transferee of a firearm or the person being loaned a firearm.
(4) "Purchase" means the purchase, loan, sale, or transfer of a firearm.
(5) "Department" means the Department of Justice.
(6) "LEFT" means the Law Enforcement Firearms Transfer Form consisting of the transfer form utilized to purchase a firearm in accordance with this section.
(b) ......
(d) The following procedures shall be followed in processing the purchase:
(1) ...........
(7) The firearm shall not be delivered to the purchaser as follows:
(A) Prior to April 1, 1997, within 15 days of the application to purchase a pistol, revolver, or other firearm capable of being concealed upon the person, or, after notice by the department pursuant to paragraph (5), within 15 days of the submission to the department of an fees required pursuant to this subdivision, or within 15 days of the submission to the department of any correcction to the LEFT, whichever is later. Piror to April 1, 1997, within 10 days of the application to purchase any firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person, or, after notice by the department pursuant to paragraph (5), within 10 days of the submission to the department of any fees required pursuant to this subdivision, or within 10 days of the submission to the department of any correction to the LEFT, whichever is later. On and after April 1, 1997, within
Within 10 days of the application to purchase, or after
notice by the department pursuant to paragraph (5), within 10 days of
the submission to the department of any fees required pursuant to
this subdivision, or within 10 days of the submission to the
department of any correction to the LEFT, whichever is later.[orig]
(B) Unless unloaded...................
Following added by original issue of bill.
(8) (A) On the date that the seller delivers a pistol, revolver, or other firearm capable of being concealed upon the person to the purchaser, he or she shall also do all of the following:
(i) Complete a pistol-revolver delivery record.
(ii) Forward to the Department of Justice a completed copy of the pistol-revolver delivery record.
(iii) Provide a completed copy of the pistol-revolver delivery record to the purchaser of the firearm.
(B) The provisions of subparagraph (A) shall not apply to a transaction subject to the provisions of paragraph (1) of subdivision (a) of Section 12078, or subdivision (r) or (t) of Section 12078...........