HomeMy WebLinkAboutMINUTES - 05212013 - C.29RECOMMENDATION(S):
ADOPT positions of "Support" on various state bills as specified, as recommended by the Legislation Committee of
the Board of Supervisors.
a) AB 422 (Nazarian): Notification of Health Care Coverage
b) AB 720 (Skinner): Inmates: Health Care Enrollment
c) AB 939 (Melendez): School Defibrillators
d) AB 48 (Skinner):Firearms: Ammunition: Sales
e) SB 53 (De Leon): Ammunition: Purchase Permits
f) SB 108 (Yee): Firearms: Residential Storage
g) SB 374 (Steinberg): Firearms: Assault Weapons
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/21/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, (925)
335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 21, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 29
To:Board of Supervisors
From:Legislation Committee
Date:May 21, 2013
Contra
Costa
County
Subject:Support Position on Various Bills
FISCAL IMPACT:
No fiscal impact to the County from this action to support these bills. The only bill with an anticipated fiscal impact on the County is AB
720:
1) Significant state-reimbursable local administrative costs, likely in excess of $4 million, assuming a 50/50 state/federal share of costs.
County jails statewide average about 86,000 per month (1,032,000 per year). This figure includes bookings that do not result in more than 72
hours of detention, as well as multiple releases for the same person. If half of these releases require a Medi-Cal eligibility determination and
an application, assuming about 30 minutes per inmate, at a cost of about $30 per hour, the annual cost would be in the range of $8 million.
To the extent counties are able to access private funding, such as a recent announcement that the California Endowment will be awarding
close to $20 million to groups assisting in the implementation of the Affordable Care Act, state costs could be considerably reduced.
2) To the extent this bill results in providing Medi-Cal services to individuals who might otherwise not avail themselves of the program, the
cost in most cases will be fully paid by the federal government for several years, assuming California adopts Medi-Cal expansion to include
childless adults at 138% of the poverty level, until the reimbursement ratio settles at 90: 10, federal: state.
BACKGROUND:
At their May 2, 2013 meeting, the Legislation Committee of the Board of Supervisors considered the following bills and accepted staff's
recommendations to forward the bills to the Board of Supervisors for the adoption of a position of "support." For the legislation related to
gun violence prevention (items d-h), the Legislation Committee solicited input from the County's Sheriff, District Attorney, and Chief
Probation Officer.
The Chief Probation Officer, Philip Kader, has indicated that he has been tracking much of the state legislation as the Legislation Chair of
CPOC. CPOC has discussed most of these bills and has decided on a “no position” and/or “watch” position. As this does not directly relate
to probation services (and/or sentencing), CPOC traditionally does not get involved. However, he provided comments to the Legislation
Committee:
“…there is a general motivation by many of us and certainly me that we should support legislation that could result in a reduced availability
of large capacity magazines and added liability for those that possess them. I also agree that an expansion of weapon purchase registration to
close the loophole with gun shows and on line purchases is a good idea. So I personally support the majority of the bills you have asked us to
review. To be clear, I am not naïve and I do not believe these efforts will stop any further acts of mass murder by guns or the sophistication
of the active gangs use of high power weapons and large capacity magazines. Most of these bills are small steps to try and make a difference.
To me that is much better than doing nothing.”
The Contra Costa County District Attorney, Mark Peterson, provided the Legislation Committee with his comments on the various bills,
noting: “The wave of proposed Senate legislation in response to recent gun violence is obviously well-intentioned. However, “gun-control” is
a very complicated issue and much of the proposed legislation poses risks of negative unintended consequences to law-abiding California
gun-owners and gun retailers...
It should be noted that California already has the nation’s toughest gun laws. As has been stated previously, all these bills are
well-intentioned; however, there are legitimate concerns and possible unintended consequences related to these bills. Additionally, I believe
that the State Sheriff’s Association is opposed to at least some of these bills. Thus, I do not have a specific position on these bills. I am
simply raising some of the current issues with these bills, and leave it to the Legislative Committee to decide whether they wish to
support/oppose or simply “watch” the bills at this point.
Gun violence is horrific, and anything we as a society can do to stop it should be implemented, however, one could argue that what is now
needed to curb gun violence is not further regulation. Rather, perhaps legislators should focus on ways to improve our mental health systems
and to provide care for those people in our communities who are at-risk of violent behavior regardless of what gun laws are in place."
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a) AB 422 (Nazarian): Notification of Health Care Coverage -- (Attachment A): Adds information regarding health care coverage
available through the California Health Benefit Exchange (Exchange), to notifications on applications for the School Lunch Program,
effective January 1, 2014. Information from the application may also be used to determine eligibility for the Healthy Families Program
(HFP), county or local-sponsored programs, as defined and as applicable, if the parent has granted consent when a child does not meet
eligibility requirements for Medi-Cal.
Existing law creates various programs to provide health care services to persons who have limited incomes and meet various eligibility
requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the
Medi-Cal program administered by the State Department of Health Care Services.
Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals. Existing law authorizes the
sharing of the school lunch program application with the county agency administering the Medi-Cal program for use in making an
accelerated Medi-Cal eligibility determination for pupils eligible for free meals. Existing law provides for the sending of a Healthy Families
Program application to pupils determined to be ineligible for Medi-Cal coverage.
This bill would, commencing January 1, 2014, require the notices to include prescribed advisements about the availability of free or
reduced-cost comprehensive health care coverage through Medi-Cal or the California Health Benefit Exchange, respectively.
STATUS: 05/08/2013 In ASSEMBLY. Read second time. To third reading.
STATUS: 05/08/2013 In ASSEMBLY. Read second time. To third reading.
VOTES: 05/07/2013 Assembly Health Committee: P 19-0
b) AB 720 (Skinner): Inmates: Health Care Enrollment -- (Attachment B): This bill requires each county to designate an individual or
agency to determine Medi-Cal eligibility and process Medi-Cal applications for county jail inmates prior to their release from custody. (This
provision applies only to inmates in detention for more than 72 hours.) This designated individual or agency is also required to provide
information regarding the California Health Benefit Exchange to jail inmates who are ineligible for Medi-Cal benefits. This bill also
specifies that persons currently enrolled in Medi-Cal in the county where they reside, who would become ineligible for benefits because of
detention, shall have their benefits suspended during detention and retain program enrollment.
The author's intent is to require counties to enroll eligible jail inmates into the Medi-Cal program before inmates are released in order to
address one of the main barriers to successful community re-entry.
The author references an article in the June 2, 2011 issue of the New England Journal of Medicine, which states, "There are tremendous
medical and public health opportunities that can be created by addressing the health care needs of prisoners and former prisoners. Perhaps
foremost among these is that opened up by health care reform: the Affordable Care Act will permit most former prisoners to receive health
insurance coverage, which will offer them greater access to much-needed medical care. Such access could redirect many people with serious
illnesses away from the revolving door of the criminal justice system, thereby improving overall public health in the communities to which
prisoners return and decreasing the costs associated with reincarceration due to untreated addiction and mental illness. To achieve these
gains, we will need to ensure linkages to medical homes that provide substance-use and mental health treatment for reentering populations.
Partnerships between correctional facilities and community health care providers - especially community health centers and academic
medical centers - can capitalize on health gains made during incarceration and improve the continuity of care for former inmates during the
critical post-release period. The success of this effort will determine not only the health of released prisoners, but that of our society as a
whole."
The California State Association of Counties (CSAC) states, "Assembly Bill [720] will give counties an important tool to reduce repeat
crime and recidivism by allowing newly released inmates to access critical health care and substance abuse disorder services through
Medi-Cal, or if they qualify, through a qualified health plan in the state's health benefits exchange. By pre-enrolling incarcerated individuals,
counties can get a jump on providing wrap-around services to the most high-risk inmates to ensure adequate supervision and successful and
sustainable reentry in our communities."
The California Primary Care Association writes, "The national Patient Protection and Affordable Care Act (ACA) increases the income
threshold for Medicaid eligibility from 100% to 138% of the federal poverty level and extends eligibility to childless adults, who formerly
were not eligible. A significant proportion of county inmates and detainees are men who fit into these extended categories. National studies
show many have medical, mental health and substance abuse needs. Our member clinics and health centers currently provide primary care
services at no cost to them following their release even though they are largely uninsured.
"Additional national studies show that when these individuals are enrolled in Medicaid programs on the day of their release are less likely to
re-offend, and, if they do, the period between offenses is greater. This bill not only would provide them with access to health care services
they need and reduce recidivism, it also would provide health centers with additional resources to help accommodate the expanded Medi-Cal
population under the ACA."
There is no registered opposition to this measure.
STATUS: 05/01/2013 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.
VOTES: 04/16/2013 Assembly Public Safety Committee: P 7-0
c) AB 939 (Melendez): School Defibrillators -- (Attachment C): Encourages all public schools to acquire and maintain an automatic
external defibrillator (AED) and provides immunity from civil damages to the school district resulting from civil damages resulting from the
use of an AED .
This bill follows what has now become a long tradition by the California Legislature of providing immunity from civil damages to entities
and their personnel who act as Good Samaritans to try to save others' lives, under reasonable parameters. In this instance the measure seeks
to encourage all public schools to acquire and maintain these life-saving devices. An AED is a medical device used to administer an electric
shock through the chest wall to the heart after someone suffers cardiac arrest. Built-in computers assess the patient's heart rhythm, determine
whether the person is in cardiac arrest, and signal whether to administer the shock. Audible cues guide the user through the process. Portable
AEDs are available upon a prescription from a medical authority. According to the author, the majority of California's children spend around
14,000 hours away from their parents and under the supervision of the state while they receive an education at California's K-12 public
schools. And sadly, some young people have been dying during school activities, especially athletic events, due to the absence of AEDs -
often due to school district concerns about potential liability.
The bill is intended to provide certainty to school districts and their employees that if an AED is used during a school related activity they
will normally be protected from a possible lawsuit if they have the courage to try to assist others in distress through the use of an AED.
Further, this bill permits a school to receive non-state funds to remove any financial barriers the school may face in acquiring and maintaining
an AED and training their employees in the use of an AED. This bill recently was unanimously approved by the Assembly Education
Committee. While the measure currently faces opposition from several labor organizations, it is believed -- given the laudable objective of
this legislation to save lives -- that the concerns outlined by those organizations have been addressed by the recent amendments to the bill.
STATUS: 05/09/2013 In ASSEMBLY. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.
VOTES: 04/17/2013 Assembly Education Committee: P 5-0
05/07/2013 Assembly Judiciary Committee: P 10-0
d) AB 48 (Skinner): Firearms: Ammunition: Sales -- (Attachment D): This bill establishes a method for tracking the sale and transfer of
ammunition in California and prohibits sale or possession of high capacity magazine conversion kits.
The author wishes to facilitate the enforcement of current ammunition restrictions by creating a structure to enforce current law and track
ammunition sales. In addition, the author intends to prohibit the sale and/or receipt of components capable of converting a legal ammunition
magazine that holds up to 10 rounds, into a magazine that holds more than 10 rounds, which is illegal in California to manufacture or sell.
Specifically, this bill:
1) Creates a state ammunition licensing structure whereby anyone in the state, prior to selling or otherwise furnishing ammunition, must be
an ammunition vendor, defined as a person recorded on the Department of Justice (DOJ) centralized list of ammunition vendors, established
by this bill. To become an ammunition vendor, a person requests a license from DOJ to be an ammunition vendor. A person is eligible to be a
vendor if DOJ records show the individual is not prohibited by state or federal law from possessing a gun.
2) Requires DOJ to create and maintain a centralized list of ammunition vendors, similar to the centralized list of gun dealers.
3) Authorizes DOJ to impose a fee to cover the costs of the vendor license program and creates the Ammunition Vendor Fund for this
purpose.
4) Requires buyers of any ammunition – not just handgun ammunition - to provide photographic identification; requires all ammunitions
sales to be reported to DOJ; and requires DOJ to alert local law enforcement entities if an individual purchaser, who is not an ammunition
vendor or a peace officer, obtains more than 3,000 rounds within a 5-day period. A violation of these provisions is a misdemeanor. A repeat
violation is an alternate felony/misdemeanor. Violation also subjects a vendor to removal from the centralized list of ammunition vendors.
5) Requires DOJ to create a California Ammunition Database by January 1, 2016, by requiring ammunition vendors to collect each
ammunition purchaser's name, date of birth, address, and number of rounds of ammunition sold or furnished, and report this information
electronically to DOJ. Failure to so report subjects a vendor to revocation or suspension of the vendor's license. A fee would be charged to
dealers to cover the costs of the database.
6) Requires DOJ to cross-reference the transmitted information with the Armed Prohibited Persons File (APPS) system, and if an
ammunition purchaser's name appears in APPS, to forward that name to local law enforcement. DOJ is authorized to charge a fee on
ammunition dealers to cover the cost of the ammunition database.
7) Creates a misdemeanor, punishable by a fine of not more than $1,000 and/or up to six months in county jail, to manufacture, import, keep
for sale, offer for sale, give, lend, buy or receive any device or combination of parts capable of converting an ammunition feeding device
into a large-capacity magazine.
8) Revises the definition of large-capacity magazine to mean any ammunition feeding device with the capacity to accept more than 10
rounds, including a readily restorable, as defined, disassembled large-capacity magazine, and an oversize magazine body that appears to hold
in excess of 10 rounds that has not been permanently altered to hold less than 10 rounds.
SUPPORT: The CA Nurses Association, the CA Chapter of the American College of Emergency Physicians, and the Law Center to Prevent
Gun Violence. According to the CA Chapters of the Brady Campaign, "The requirement to report sales data to the DOJ is of great
importance. The Bureau of Firearms would be able to cross reference this information with its database of prohibited persons and determine
when prohibited persons are buying ammunition. The reasonable presumption would be that these persons are in possession of an illegal
gun, regardless of whether there is a record of such a gun. These people would be placed on the list of Armed Prohibited Persons (APPS) and
disarmed through the existing APPS program."
OPPOSE: Gun-related groups such as The CA Rifle and Pistol Association, the National Rifle Association, and the Outdoor Sportsmen's
Coalition of California. The San Diego County Wildlife Federation states, "Of particular concern is the impact of AB 48 on youth
participating in shooting sports. Current law prohibits selling ammunition to anyone under the age of 18. AB 48 would prevent anyone from
providing ammunition to youth (even under supervision) without onerous permitting and reporting requirements."
STATUS: 5/15/2013 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.
VOTES: 04/02/2013 Assembly Public Safety Committee: P 5-2
e) SB 53 (De Leon): Ammunition: Purchase Permits -- (Attachment E): This bill would amend current law regarding sales of handgun
ammunition, as defined, to apply to all ammunition, and place additional regulations on the sale, transfer, and purchase of ammunition, as
specified .
This bill would further regulate the sale, transfer, and purchase of ammunition, as follows:
Amend current law regarding sales of handgun ammunition, as specified, to apply to all ammunition. Require that anyone selling
ammunition be licensed by the Department of Justice (DOJ) in order to sell or otherwise transfer ownership of ammunition. Require
DOJ to maintain records of all ammunition vendor licenses issued, all ammunition purchase permits issued and all ammunition sales.
Require DOJ, commencing January 1, 2014, to use the Armed Prohibited Persons System (APPS) to cross-reference persons who
acquire ammunition to determine if those persons fall within a class of persons who are prohibited from owning or possessing
ammunition.
Require ammunition vendors, beginning July 1, 2014, to submit to DOJ information regarding the sale of ammunition, including the
buyer's identification, in a format and a manner prescribed by DOJ for all sales or other transfers of ownership of ammunition.
buyer's identification, in a format and a manner prescribed by DOJ for all sales or other transfers of ownership of ammunition.
Require that beginning July 1, 2017, and except as specified, only those persons whom DOJ has issued an ammunition purchaser's
permit shall be permitted to purchase ammunition.
Require that, commencing July 1, 2017, the vendor shall verify that the ammunition purchase permit is valid by contacting the
department for each ammunition transaction, in a manner prescribed by DOJ, that DOJ conduct an instantaneous background check to
determine if the buyer is prohibited from possessing ammunition and then approve or deny the transaction on the basis of the
background check.
Require that DOJ conduct background checks on applicants for ammunition purchase permits and establish other requirements
regarding these permits, as specified.
Establish procedures for DOJ to issue ammunition vendor licenses, as specified.
Require the Attorney General to prepare and submit to the Legislature on or before January 1, 2016, a report concerning
recommendations for instituting instantaneous background checks that can be conducted for all persons attempting to purchase
ammunition, as specified.
Background: AB 962 (De Leon) created several new requirements regarding handgun ammunition sales. These include requiring that
handgun ammunition sellers obtain personal identification information from buyers and retain that information for inspection by law
enforcement upon request and that all delivery of handgun ammunition take place in a face-to-face transaction (prohibiting direct sales over
the internet). On January 31, 2011, a Superior Court in Fresno ruled that the definition of "handgun ammunition" contained in the statute was
unconstitutionally vague, rendering invalid the provisions applicable to "handgun ammunition". As a result of this finding, the Court enjoined
the State Attorney General from enforcing those statutes. (Parker v. State of California, et al., Fresno County Superior Court)
This bill would delete references in statute to "handgun ammunition" and would instead apply the ammunition transfer requirements to all
forms of ammunition, thereby eliminating the vagueness issue cited by the court in Parker.
The DOJ has indicated it would be a 12-month project to enhance the APPS to include ammunition. Because the enhanced system would not
be fully developed and implemented until July 1, 2014, the DOJ has recommended an amendment to delay implementation of the APPS
cross-checking requirement for ammunition purchases for one year, from January 1, 2014, to January 1, 2015. The one-time cost to enhance
the APPS is estimated at $2.5 million over 12 months and includes staffing, overtime, external consultants, and software development.
SUPPORT: California Chapters of the Brady Campaign to Prevent Gun Violence; California Church Impact; California Federation of
Teachers; California Partnership to End Domestic Violence; California Police Chiefs Association, Inc.; City of Beverly Hills; Coalition
Against Gun Violence; Los Angeles Community College District; Los Angeles County Board of Supervisors; City of Oakland; Youth
Alive!; Moms Demand Action for Gun Sense in America; CLUE California; Community Against Gun Violence; Violence Prevention
Coalition of Orange County; Laguna Woods Democratic Club; PICO California; Doctors for America; Law Center to Prevent Gun Violence;
Lutheran Office of Public Policy - California; Courage Campaign; Bend the Arc: Jewish Partnership for Justice; several letters from private
citizens.
OPPOSE: California Association of Firearms Retailers; California Right to Carry; California Sportsman's Lobby; Crossroads of the West;
National Shooting Sports Foundation; Outdoor Sportsmen's Coalition of California; Safari Club International; Tea Party United; National
Rifle Association of America; California Rifle and Pistol Association; several letters and phone calls from private citizens.
STATUS: 05/06/2013 In SENATE Committee on APPROPRIATIONS: To Suspense File.
VOTES: 04/16/2013 Senate Public Safety Committee: P 5-2
f) SB 108 (Yee): Firearms: Residential Storage -- (Attachment F): This bill requires that a person who is 18 years of age or older and who
is the owner, lessee, renter, or other legal occupant of a residence, while outside of that residence, store in that residence any firearm that
he/she owns or has lawful possession of in a locked container or as specified.
This bill:
1. Provides that a person who is 18 years of age or older and who is the owner, lessee, renter, or other legal occupant of a residence, shall
not, while outside of that residence, store in that residence a firearm that he/she owns or has lawful possession of unless the firearm is stored
in one of the following ways:
A. The firearm is within a locked container.
B. The firearm is disabled by a firearm safety device.
C. The firearm is within a locked gun safe.
D. The firearm is within a locked trunk.
E. The firearm is locked with a locking device, which has rendered the firearm inoperable.
2. Provides that a violation of its provisions is punishable as follows:
A. A first violation involving a firearm that is not a handgun, as an infraction, punishable by a fine not exceeding $100.
B. For a second violation involving any firearm or a first violation involving a handgun, as an infraction, punishable by a fine not
exceeding $1,000.
C. For a third or subsequent violation, as a misdemeanor, punishable by up to six months in the county jail, a fine of up to $1,000, or
both.
3. Provides that violations of its provisions are cumulative, and shall not be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one
provision.
4. Provides that each firearm that is not stored in compliance with its provisions constitutes a distinct and separate offense.
SUPPORT: American College of Emergency Physicians, California Chapters of the Brady Campaign to Prevent Gun Violence, California
Partnership to End Domestic Violence, California State Conference of the NAACP, California State PTA, City and County of San
Francisco, Coalition Against Gun Violence, Santa Barbara Law Center to Prevent Violence, San Francisco DA George Gascon, South
County Citizens Against Gun Violence, United Educators of San Francisco, Violence Prevention Coalition of Los Angeles.
OPPOSE: California Rifle and Pistol Association Inc., California Sportsman's Lobby, National Rifle Association of America, Outdoor
Sportsmen's Coalition of California, Safari Club International, Shasta County Sheriff.
ARGUMENTS IN SUPPORT: According to the author's office, unauthorized access to a firearm far too often results in unintentional or
self-inflicted gunshot wounds, or the firearm being used in the commission of a crime. These instances of unauthorized access commonly
occur when the owner of the firearm does not have possession of the firearm and the firearm was not safely secured. Although existing law
specifies firearm owners must own a firearm safety device, use of the device is not mandatory.
This bill requires a person to safely secure a firearm in one of several specified ways when the person leaves a residence where a firearm is
stored. This bill's requirement upholds an owner's interest in self-defense while at one's residence while decreasing the likelihood of
unauthorized access and use of a firearm. Each firearm not safely stored in the prescribed manner constitutes a distinct and separate offense.
ARGUMENTS IN OPPOSITION: Safari Club International (SCI) states: Hunters are very careful how they store their firearms and do not
object to the intent of SB 108. However, the bill provides limited options for methods of storage. There are other effective options which are
not listed, such as storage in a locked room or locked closet of a residence. SCI requests that the bill be amended to add a new paragraph (6)
to subdivision (a) of Section 25235 to allow for "other effective means of storage that would prevent children and unauthorized users from
obtaining possession of or from discharging the stored firearm."
STATUS: 04/30/2013 In SENATE. Read second time. To third reading.
VOTES: 04/16/2013 Senate Public Safety Committee P 5-2
g) SB 374 (Steinberg): Firearms: Assault Weapons -- (Attachment G): SB 374 would tighten California's regulation of "assault weapons,"
as follows:
Amends the definition of a rifle considered an assault weapon to specify "a semiautomatic, rimfire or centerfire rifle that does not have a
fixed magazine with the capacity to accept 10 rounds or fewer, or a semiautomatic, centerfire rifle that has an overall length of less than 30
inches."
Defines a "fixed magazine" as "an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the
device cannot be removed without disassembly of the firearm action."
Defines a "detachable magazine" as "an ammunition feeding device that can be removed readily from the firearm without disassembly of the
firearm action."
Requires that a person who, between January 1, 2001, and prior to January 1, 2014, lawfully possessed an assault weapon that does not have
a fixed magazine, as defined, including those weapons with an ammunition feeding device that can be removed readily from the firearm with
the use of a tool, register the firearm by July 1, 2014, with the DOJ as specified.
Enacts provisions for a Firearm Ownership Record program, as specified.
Proposed Law: This bill would tighten the state's regulation of "assault weapons" by amending and expanding the definition of a rifle
considered an assault weapon, and defining both "fixed magazine" and "detachable magazine," as specified. In addition, this bill:
Requires that a person who, between January 1, 2001, and prior to January 1, 2014, lawfully possessed an assault weapon that does not have
a fixed magazine, as defined, including those weapons with an ammunition feeding device that can be removed readily from the firearm with
the use of a tool, register the firearm by July 1, 2014, with the DOJ as specified.
Authorizes the DOJ to charge a fee for the registration of up to $20 per person but not to exceed the actual processing costs of the DOJ. The
fee may be adjusted at a rate not to exceed the department's actual processing costs.
Provides that on and after July 1, 2014, a Firearm Ownership Record (FOR) shall be submitted to the DOJ for every firearm an individual
owns or possesses, with exceptions, but including registered assault weapons, handguns purchased prior to 1991, and rifles without
detachable magazines and shotguns purchased prior to 2014.
Authorizes the DOJ to charge a fee of up to $19 per transaction to reimburse the DOJ for the reasonable costs of maintaining the FOR
program. The fee may be adjusted annually as necessary to cover the reasonable costs of administering the program.
Under existing law, unlawful possession of an assault weapon is an alternate felony-misdemeanor punishable as a felony by imprisonment in
a county jail for 16 months, two or three years (without a serious or violent prior felony), or as a misdemeanor by imprisonment in a county
jail for up to one year. Current law also provides that any person who within the state imports, manufactures, offers for sale, or who gives or
lends any assault weapon, is guilty of a felony punishable by imprisonment in state prison for four, six, or eight years. By narrowing the
scope of firearms that are legal in the state, this bill expands the scope of the aforementioned crimes.
Arrest information from the DOJ indicates an increasing number of violations of possession of an assault weapon since 2010, with 825
arrests in 2012. Arrest data for felony violations for the import, sale, manufacture, or loan of an assault weapon reflect a decreasing trend,
with 124 arrests in 2012. According to the CDCR, 58 individuals in 2011 and 22 individuals in 2012 were committed to state prison specific
to these crimes.
It is unknown how many persons will be convicted under the expanded scope of these crimes, though it is assumed the convictions could
likely be highest in the near-term. California's prison system continues to operate under federal oversight as it addresses the issues of prison
overcrowding and constitutionally adequate health and mental health care in its 33 facilities. On April 11, 2013, the three-judge panel denied
the state's motion to vacate/modify the inmate population cap and ordered the state to provide a list of proposed population reduction
measures within 21 days of the order (May 2, 2013). To the extent this measure exacerbates prison overcrowding due to lengthier prison
terms, this bill creates future cost pressure (General Fund) to potentially utilize additional contract beds, out-of-state facilities, or capital
outlay in order to comply with the court-ordered population limit.
To the extent the provisions of this bill have the effect of reducing the number of semi-automatic rifles currently sold, there would be an
impact to both local and state sales tax revenues. The Board of Equalization has indicated Californians spend over $400 million annually on
rifle purchases and over 300,000 rifles are sold each year. For every 10 percent reduction in annual sales, state sales tax revenues are
estimated to drop by approximately $1.6 million (General Fund). It is estimated that the impact is likely in the near term, with the impact in
future years projected to be somewhat mitigated to the extent consumers shift to purchases of alternative and/or newly developed firearms.
To the extent the provisions of this bill serve to reduce the incidence of firearms-related injuries and death, potential future cost savings could
be substantial. A study by the non-profit Pacific Institute for Research and Evaluation (PIRE) reported over 105,000 incidences of firearm
injury and death in 2010 nationally, with an estimated societal cost of over $174 billion in work lost, medical care, insurance,
criminal-justice expenses and pain and suffering. At a unit level, the study reported a governmental cost of $187,000 to $582,000 per firearm
fatality in medical and mental health care, emergency services, and administrative and criminal justice costs. The estimated societal cost per
firearm injury or fatality, including lost work productivity and quality of life was reported at nearly $430,000 to $5 million, respectively.
Argument in Support: The California Chapters of the Brady Campaign to Prevent Gun Violence states: "The California Legislature has
struggled with an assault weapons ban since the Stockton school yard shootings in 1989. The Roberti-Roos Act was passed that year, but
minor changes to the named assault weapons allowed the firearm industry to easily evade the intent of the law. The assault weapon law was
expanded in 1991 and in 1999, the Legislature updated the law by banning weapons with detachable magazines and one or more military
style features. However, once again the industry has been able to exploit a loophole in the regulations that allows for the continued sale and
possession of fully functional assault weapons. Senate Bill 374 seeks to definitively close the loopholes in a manner that will prevent the
firearm industry from continuing to market these lethal military style weapons in California....
Mass shootings perpetrated by unbalanced individuals using assault weapons are reported all too often in the news. As was tragically
demonstrated at Sandy Hook School, the ability to rapidly reload added enormously to the carnage. An exchangeable magazine can be
reloaded in one second and is the key feature that enables the rapid rate of continuous fire that can kill many people very quickly. Requiring a
fixed magazine on future sales or transfers of long guns would, over time, decrease the lethality in future mass shootings.
... SB 374 will finally control this situation with a clear, simplified, and strengthened assault weapons law. Current owners of long guns with
detachable magazines will be able to keep their weapons and law abiding hunters and sport shooters will be minimally impacted.
Senate Bill 374 also requires the submission of a Firearm Ownership Record to the Department of Justice for rifles with a detachable
magazine purchased before January 1, 2014 and handguns purchased prior to 1991.
These records will significantly increase the data in the Armed Prohibited Persons System program and enhance public safety. The records
would enable the Department of Justice to disarm potentially dangerous persons if they were to become prohibited from possessing firearms.
Additionally, the records will assist law enforcement efforts to trace firearms and solve gun crime...."
Argument in Opposition: Crossroads of the West Gun Shows states: "By defining any semiautomatic rifle that can accept a detachable
magazine, or that has a fixed magazine with a capacity to accept more than 10 rounds, to be an assault rifle, SB 374 would ban the future sale
of many popular makes and models of both rimfire and centerfire rifles commonly used for hunting, target practice, competition, recreational
shooting, firearms training, and other lawful purposes.
These civilian firearms are rarely used in the commission of a crime. There is no justifiable reason to ban them.
The bill would result in the loss of revenue for firearms dealers at the shows, a decline in the size of the shows, fewer lawful business
transactions conducted by non-dealer vendors, and thus less sales tax income for the state of California.
The real focus of the Legislature should be on the people who actually do commit crimes involving use or possession of firearms such as
criminals, the mentally ill, and users of mind altering drugs and other substances.
Unfortunately, such people will always be able to obtain the firearms SB 374 would ban, if they want them, in the underground market or
from outside of California's borders."
STATUS: 05/06/2013 In SENATE Committee on APPROPRIATIONS: To Suspense File.
VOTES: 04/16/2013 Senate Public Safety Committee P 5-2
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not take a "support" position on these bills, the County will not have an official position from which to
advocate.
ATTACHMENTS
Attachment A: AB 422 Bill Text
Attachment B: AB 720 Bill Text
Attachment C: AB 939 Bill Text
Attachment D: AB 48 Bill Text
Attachment E: SB 53 Bill Text
Attachment F: SB 108 Bill Text
Attachment G: SB 374 Bill Text
california legislature—2013–14 regular session
ASSEMBLY BILL No. 422
Introduced by Assembly Member Nazarian
February 15, 2013
An act to amend Section 49557.2 of the Education Code, relating to
public schools.
legislative counsel’s digest
AB 422, as introduced, Nazarian. Health care applications.
Existing law creates various programs to provide health care services
to persons who have limited incomes and meet various eligibility
requirements. These programs include the Healthy Families Program
administered by the Managed Risk Medical Insurance Board, and the
Medi-Cal program administered by the State Department of Health
Care Services.
Existing law provides for a school lunch program under which eligible
pupils receive free or reduced-price meals. Existing law authorizes the
sharing of the school lunch program application with the county agency
administering the Medi-Cal program for use in making an accelerated
Medi-Cal eligibility determination for pupils eligible for free meals.
Existing law provides for the sending of a Healthy Families Program
application to pupils determined to be ineligible for Medi-Cal coverage.
This bill would, commencing January 1, 2014, require the notices to
include prescribed advisements about the availability of free or
reduced-cost comprehensive health care coverage through Medi-Cal or
the California Health Benefit Exchange, respectively.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
99
Attachment A
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 49557.2 of the Education Code is
line 2 amended to read:
line 3 49557.2. (a) (1) At the option of the school district or county
line 4 superintendent, and to the extent necessary to implement Section
line 5 14005.41 of the Welfare and Institutions Code, the following
line 6 information may be incorporated into the School Lunch Program
line 7 application packet or notification of eligibility for the School Lunch
line 8 Program using simple and culturally appropriate language:
line 9 (A) A notification that if a child qualifies for free school lunches,
line 10 then the child may qualify for free or reduced-cost health coverage.
line 11 (B) A request for the applicant’s consent for the child to
line 12 participate in the Medi-Cal program, if eligible for free school
line 13 lunches, and to have the information on the school lunch
line 14 application shared with the entity designated by the State
line 15 Department of Health Care Services to make an accelerated
line 16 determination and the local agency that determines eligibility under
line 17 the Medi-Cal program.
line 18 (C) A notification that the school district will not forward the
line 19 school lunch application to the entity designated by the State
line 20 Department of Health Care Services to make an accelerated
line 21 determination and the local agency that determines eligibility under
line 22 the Medi-Cal program, without the consent of the child’s parent
line 23 or guardian.
line 24 (D) A notification that the school lunch application is
line 25 confidential and, with the exception of forwarding the information
line 26 for use in health program enrollment upon the consent of the child’s
line 27 parent or guardian, the school district will not share the information
line 28 with any other governmental agency, including the federal
line 29 Department of Homeland Security and the Social Security
line 30 Administration.
line 31 (E) A notification that the school lunch application information
line 32 will only be used by the entity designated by the State Department
line 33 of Health Care Services to make an accelerated determination and
line 34 the state and local agencies that administer the Medi-Cal program
line 35 for purposes directly related to the administration of the program
line 36 and will not be shared with other government agencies, including
line 37 the Department of Homeland Security and the Social Security
99
— 2 —AB 422
Attachment A
line 1 Administration for any purpose other than the administration of
line 2 the Medi-Cal program.
line 3 (F) Information regarding the Medi-Cal program, including
line 4 available services, program requirements, rights and
line 5 responsibilities, and privacy and confidentiality requirements.
line 6 (2) The State Department of Education, in consultation with
line 7 school districts, county superintendents of schools, consumer
line 8 advocates, counties, the State Department of Health Care Services,
line 9 and other stakeholders, shall make recommendations regarding
line 10 the School Lunch Program application, on or before February 1,
line 11 2003. The recommendations shall include specific changes to the
line 12 School Lunch Program application materials as necessary to
line 13 implement Section 14005.41 of the Welfare and Institutions Code,
line 14 information for staff as to how to implement the changes, and a
line 15 description of the process by which information on the School
line 16 Lunch Program application will be shared with the county, as the
line 17 local agency that determines eligibility under the Medi-Cal
line 18 program.
line 19 (3) At the option of the school, the request for consent in
line 20 subparagraph (B) of paragraph (1) may be modified so that the
line 21 parent or guardian can also consent to allowing Medi-Cal to inform
line 22 the school as provided in subdivision (n) of Section 14005.41 of
line 23 the Welfare and Institutions Code when followup is needed in
line 24 order to complete the Medi-Cal application process.
line 25 (b) (1) School districts and county superintendents of schools
line 26 may implement a process to share information provided on the
line 27 School Lunch Program application with the entity designated by
line 28 the State Department of Health Care Services to make an
line 29 accelerated determination and with the local agency that determines
line 30 eligibility under the Medi-Cal program, and shall share this
line 31 information with those entities, if the applicant consents to that
line 32 sharing of information. Schools may designate, only as necessary
line 33 to implement this section, non-food service staff to assist in the
line 34 administration of free, reduced price, or paid school lunch
line 35 applications that have applicant consent, but only if that designation
line 36 does not displace or have an adverse effect on food service staff.
line 37 This information may be shared electronically, physically, or
line 38 through whatever method is determined appropriate.
line 39 (2) If a school is aware that a child, who has been found eligible
line 40 for free school lunches under the National School Lunch Program,
99
AB 422— 3 — Attachment A
line 1 and for whom the parent or guardian has consented to share the
line 2 information provided on the application, already has an active
line 3 Medi-Cal or Healthy Families case, the application shall not be
line 4 processed for an accelerated determination but shall be forwarded
line 5 to the local agency that determines eligibility under the Medi-Cal
line 6 program pursuant to Section 14005.41 of the Welfare and
line 7 Institutions Code. The school shall notify the parent or guardian
line 8 of the child’s ineligibility for accelerated Medi-Cal due to the
line 9 current eligibility status and that the child’s application will be
line 10 forwarded to the county pursuant to this section. The notice shall
line 11 include a statement, with contact information, advising the parent
line 12 or guardian to contact the Medi-Cal or Healthy Families programs
line 13 regarding the child’s eligibility status.
line 14 (3) Each school district or county superintendent that chooses
line 15 to share information pursuant to this subdivision shall enter into
line 16 a memorandum of understanding with the local agency that
line 17 determines eligibility under the Medi-Cal program, that sets forth
line 18 the roles and responsibilities of each agency and the process to be
line 19 used in sharing the information.
line 20 (4) The local agency that determines eligibility under the
line 21 Medi-Cal program shall only use information provided by
line 22 applicants on the school lunch application for purposes directly
line 23 related to the administration of the Medi-Cal program.
line 24 (5) After school districts share information regarding the school
line 25 lunch application with the entity designated by the State
line 26 Department of Health Care Services to make an accelerated
line 27 determination and the local agency that determines eligibility under
line 28 the Medi-Cal program, for the purpose of determining Medi-Cal
line 29 program eligibility, the local agency and the school district shall
line 30 not share information about school lunch participation or the
line 31 Medi-Cal program eligibility information with each other except
line 32 as specifically authorized under subdivision (n) of Section
line 33 14005.41 of the Welfare and Institutions Code and other provisions
line 34 of law.
line 35 (c) Effective July 1, 2005, the notifications and consent
line 36 referenced in subdivision (a) and the procedures set out in
line 37 subdivision (b) shall include the Healthy Families Program and
line 38 any relevant county- and local-sponsored health insurance programs
line 39 as necessary to implement Section 14005.41 of the Welfare and
line 40 Institutions Code.
99
— 4 —AB 422
Attachment A
line 1 (d) Effective January 1, 2014, the notifications shall do all of
line 2 the following:
line 3 (1) Advise the applicant that the applicant may be eligible for
line 4 reduced-cost, comprehensive health care coverage through the
line 5 California Health Benefit Exchange.
line 6 (2) Advise that, if the family income is low, the applicant may
line 7 be eligible for no-cost coverage through Medi-Cal.
line 8 (3) Provide the applicant with the contact information for the
line 9 California Health Benefit Exchange, including its Internet Web
line 10 site and telephone number.
line 11 (d) If a school district finds that the child is eligible for reduced
line 12 price or paid meals under the National School Lunch Program and
line 13 consent was provided as described in subdivision (b), the entity
line 14 designated by the State Department of Health Care Services to
line 15 make an accelerated determination shall notify the parent or
line 16 guardian of the child’s ineligibility for an accelerated Medi-Cal
line 17 determination pursuant to Section 14005.41 of the Welfare and
line 18 Institutions Code. The notification shall include information on
line 19 other available health programs for which the child may be eligible.
O
99
AB 422— 5 — Attachment A
AMENDED IN ASSEMBLY APRIL 11, 2013
california legislature—2013–14 regular session
ASSEMBLY BILL No. 720
Introduced by Assembly Member Skinner
February 21, 2013
An act to add Section 4011.11 to the Penal Code, relating to inmates.
legislative counsel’s digest
AB 720, as amended, Skinner. Inmates: health care enrollment.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. Commencing January 1, 2014, the federal
Patient Protection and Affordable Care Act expands eligibility under
the Medicaid Program for certain groups. Existing federal law prohibits
persons who are involuntarily incarcerated in jail from obtaining these
services, but permits persons detained in jail, but not sentenced to jail,
to be eligible for services, as specified.
This bill would require the county sheriff, or his or her designee,
counties to designate an individual or agency, as specified, to assist all
enroll certain individuals sentenced to held in county jail who are
otherwise eligible for federal Medicaid benefits to enroll in the Medi-Cal
program available in that county 30 days before he or she is scheduled
to be released, as specified, consistent with federal requirements. The
bill would authorize the county sheriff, or his or her designee, to assist
all individuals who are not sentenced to county jail but are detained in
county jai, and who are eligible for federal Medicaid benefits to enroll
in the Medi-Cal program available in that county 30 days before he or
98
Attachment B
she is scheduled to be released. The bill would provide that individuals
who are currently enrolled in the Medi-Cal program in the county where
they reside would and who would become ineligible for benefits because
of detention before or after conviction shall have their benefits
suspended and shall retain enrollment in that program while temporarily
detained before any criminal conviction. The bill would require the
county sheriff, or his or her designee, individual or agency designated
by the county, as specified, to supply appropriate information regarding
the California Health Care Benefit Exchange to those individuals
detained in a county jail who are not eligible for federal Medi-Cal
benefits and who do not have health care insurance coverage, 30 days
before their scheduled release. The bill would state findings and
declarations of the Legislature regarding the above.
By imposing additional duties on local law enforcement entities
governments, this bill would impose a state-mandated local program.
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 these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 4011.11 is added to the Penal Code, to
line 2 read:
line 3 4011.11. (a) The Legislature finds and declares the following:
line 4 (1) The federal Patient Protection and Affordable Care Act of
line 5 2010, also known as Health Care Reform health care reform, is
line 6 designed to ensure every American has access to affordable quality
line 7 health care. To help ensure access, the federal low-income health
line 8 insurance program, the Medi-Cal program in California, was will
line 9 be expanded to previously uncovered populations, including single
line 10 men making less than 133 percent of the federal poverty line level.
line 11 (2) The cost of the Medi-Cal expansion is will be fully paid by
line 12 the federal government until 2017, when the federal government
line 13 will cover 90 percent of the cost of the Medi-Cal expansion.
98
— 2 —AB 720
Attachment B
line 1 (3) According to research done by the National Health Law
line 2 Program, a large portion of individuals currently sentenced to
line 3 county jail, and those recently released, are now currently
line 4 uninsured and may be eligible for Medi-Cal once released.
line 5 (4) According to a study published in the American Journal of
line 6 Public Health, many people coming out of county jail have
line 7 significant medical, mental health, and substance abuse needs that
line 8 are currently unmet.
line 9 (5) According to a study funded by the National Criminal Justice
line 10 Reference Service, individuals who are enrolled in Medicaid on
line 11 the day of release committed fewer repeat offenses, and the time
line 12 between offenses was longer.
line 13 (6) Therefore, it is the intent of the Legislature to enroll
line 14 individuals in county jail in the federally funded Medi-Cal program
line 15 to provide medical, mental health, and substance abuse services
line 16 to individuals when released from county jail, at no cost to the
line 17 State of California state until 2017 and at minimal state cost
line 18 beginning in 2017.
line 19 (b) Each county shall designate an individual or agency to enroll
line 20 the individuals described in subdivision (d) in the available
line 21 Medi-Cal program in that county, consistent with federal
line 22 requirements.
line 23 (b)
line 24 (c) The county sheriff jail administrator, or his or her designee,
line 25 shall assist all individuals sentenced to county jail who are
line 26 otherwise eligible for federal Medicaid benefits to enroll in the
line 27 Medi-Cal program available in that county 30 days before he or
line 28 she is scheduled to be released coordinate with the individual or
line 29 agency designated pursuant to subdivision (b).
line 30 (c) The county sheriff, or his or her designee, may assist all
line 31 individuals who are not sentenced to county jail but are detained
line 32 in county jail and who are eligible for federal Medicaid benefits
line 33 to enroll in the Medi-Cal program available in that county 30 days
line 34 before he or she is scheduled to be released.
line 35 (d) The individual or agency designated pursuant to subdivision
line 36 (b) shall enroll an inmate in the Medi-Cal program at any point
line 37 before release if all of the following conditions are met:
line 38 (1) The inmate has been in detention for at least 72 hours.
line 39 (2) The inmate will be eligible to be enrolled in the Medi-Cal
line 40 program upon release.
98
AB 720— 3 — Attachment B
line 1 (d)
line 2 (e) Consistent with federal regulations, individuals who are
line 3 currently enrolled in the Medi-Cal program in the county where
line 4 they reside shall retain enrollment in that program while
line 5 temporarily detained before any criminal conviction and who would
line 6 become ineligible for benefits because of detention before or after
line 7 conviction shall have their benefits suspended during detention
line 8 and shall retain enrollment in the program.
line 9 (e)
line 10 (f) The county sheriff, or his or her designee, individual or
line 11 agency designated pursuant to subdivision (b) shall, 30 days before
line 12 an inmate’s scheduled release, supply appropriate information
line 13 regarding the California Health Care Benefit Exchange to those
line 14 individuals detained in a county jail who are not eligible for federal
line 15 Medi-Cal benefits and who do not otherwise have health care
line 16 insurance, 30 days before their scheduled release coverage.
line 17 SEC. 2. If the Commission on State Mandates determines that
line 18 this act contains costs mandated by the state, reimbursement to
line 19 local agencies and school districts for those costs shall be made
line 20 pursuant to Part 7 (commencing with Section 17500) of Division
line 21 4 of Title 2 of the Government Code.
O
98
— 4 —AB 720
Attachment B
AMENDED IN ASSEMBLY MAY 9, 2013
AMENDED IN ASSEMBLY APRIL 29, 2013
california legislature—2013–14 regular session
ASSEMBLY BILL No. 939
Introduced by Assembly Member Melendez
(Coauthor: Assembly Member Buchanan)
February 22, 2013
An act to add Section 49416 to the Education Code, and to amend
Section 1797.196 of the Health and Safety Code, relating to pupil health.
legislative counsel’s digest
AB 939, as amended, Melendez. Pupil and personnel health:
automatic external defibrillators.
Existing law authorizes a school district or school to provide a
comprehensive program in first aid or cardiopulmonary resuscitation
training, or both, to pupils and employees, and requires the program to
be developed using specified guidelines.
Existing law requires the principal of a public or private K-12 school
with an automatic external defibrillator (AED) to ensure that certain
school employees annually receive approved brochures describing the
proper use of an AED and that similar information be posted next to
every AED, to notify, at least annually, every school employee of the
location of all AED units on the campus, and to designate the trained
employees who shall be available to respond to an emergency that may
involve the use of an AED, as specified.
This bill would state the intent of the Legislature to encourage all
public schools to acquire and maintain at least one AED. The bill would
authorize a public school to solicit and receive nonstate funds to acquire
97
Attachment C
and maintain an AED. If a public school decides to acquire and maintain
an AED, or continue to use and maintain an existing AED, the bill
would authorize and encourage the school to comply with specified
requirements. The bill would provide that the school district is and
employees of the school district are not liable for civil damages resulting
from certain uses, attempted uses, or nonuses of an AED, except as
provided. The bill would recast the requirements on a public or private
K-12 school principal relating to AEDs, as described above, AEDs in
the Education Code but instead require that a principle designate only
school employees who volunteer to be designated as AED volunteers
to respond to an emergency that may involve the use of an AED.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 49416 is added to the Education Code,
line 2 to read:
line 3 49416. (a) It is the intent of the Legislature to encourage all
line 4 public schools to acquire and maintain at least one automatic
line 5 external defibrillator (AED).
line 6 (b) A public school may solicit and receive nonstate funds to
line 7 acquire and maintain an AED. These funds shall only be used to
line 8 acquire and maintain an AED and to provide training to school
line 9 employees regarding use of an AED. If a public school decides to
line 10 acquire and maintain an AED, or continue to use and maintain an
line 11 existing AED, the school may, and is encouraged to, do all of the
line 12 following:
line 13 (1) Place an AED in a centralized location on campus for the
line 14 purpose of preventing deaths resulting from sudden cardiac arrests
line 15 among pupils, faculty, and visitors.
line 16 (2) Have the AED available for use at all school-sponsored
line 17 athletic events. The AED placed in a centralized location on
line 18 campus may serve as the AED that is available for use at
line 19 school-sponsored athletic events that occur at the school campus.
line 20 (3) Maintain records of both of the following:
line 21 (A) That the AED is maintained and regularly tested according
line 22 to the operation and maintenance guidelines set forth by the
line 23 manufacturer.
97
— 2 —AB 939
Attachment C
line 1 (B) That the AED is checked for readiness after each use and
line 2 at least once every 30 days if the AED has not been used during
line 3 the preceding 30 days.
line 4 (4) Prepare a written medical emergency preparedness plan that
line 5 describes the procedures to be followed in the event of a medical
line 6 emergency that may involve the use of an AED. The written plan
line 7 may include, but is not limited to, immediate calling of the
line 8 emergency 911 telephone number when an AED is used.
line 9 (5) Require all school employees expected to administer an
line 10 AED in an emergency to complete a training course in
line 11 cardiopulmonary resuscitation and AED use that complies with
line 12 the regulations adopted by the Emergency Medical Services
line 13 Authority and the standards of the American Heart Association or
line 14 the American Red Cross. However, school employees shall not be
line 15 requested or required to pay for any of the training pursuant to
line 16 this section.
line 17 (c) (1) If an employee of a school district uses, attempts to use,
line 18 or does not use an AED consistent with the requirements of this
line 19 section, to render emergency care or treatment, the school district
line 20 is not liable for civil damages resulting from any act or omission
line 21 in rendering the emergency care or treatment, including the use or
line 22 nonuse of an AED, except as provided in paragraph (2). However,
line 23 an employee of a school district who complies with Section 1714.21
line 24 of the Civil Code in rendering emergency care or treatment through
line 25 the use, attempted use, or nonuse of an AED at the scene of an
line 26 emergency shall not be liable for any civil damages resulting from
line 27 any act or omission in rendering the emergency care or treatment.
line 28 (2) Paragraph (1) shall not apply in the case of personal injury
line 29 or wrongful death that results from gross negligence or willful or
line 30 wanton misconduct on the part of the person who uses, attempts
line 31 to use, or maliciously fails to use an AED to render emergency
line 32 care or treatment.
line 33 (d) For purposes of this section, a “school-sponsored athletic
line 34 event” means a school-sponsored extracurricular athletic activity,
line 35 which includes practice for and competition in an interscholastic
line 36 athletic sporting event held at any location, including a nonpublic
line 37 school facility.
line 38 (e) When an AED is placed in a public or private K–12 school,
line 39 the principal shall do all of the following:
97
AB 939— 3 — Attachment C
line 1 (1) Ensure that all school administrators and staff annually
line 2 receive a brochure, approved as to content and style by the
line 3 American Heart Association or the American Red Cross, that
line 4 describes the proper use of an AED. The principal shall also ensure
line 5 that similar information is posted next to every AED.
line 6 (2) Notify, at least annually, all school employees of the location
line 7 of all AED units on the campus.
line 8 (3) Designate the trained employees who shall be available to
line 9 respond to an emergency that may involve the use of an AED
line 10 during normal operating hours. As used in this paragraph, “normal
line 11 operating hours” means during the hours of classroom instruction
line 12 and any school-sponsored activity occurring on school grounds.
line 13 only school employees who volunteer to be designated as AED
line 14 volunteers to respond to an emergency that may involve the use
line 15 of an AED.
line 16 SEC. 2. Section 1797.196 of the Health and Safety Code is
line 17 amended to read:
line 18 1797.196. (a) For purposes of this section, “AED” or
line 19 “defibrillator” means an automated or automatic external
line 20 defibrillator.
line 21 (b) In order to ensure public safety, any person or entity that
line 22 acquires an AED is not liable for any civil damages resulting from
line 23 any acts or omissions in the rendering of the emergency care under
line 24 subdivision (b) of Section 1714.21 of the Civil Code, if that person
line 25 or entity does all of the following:
line 26 (1) Complies with all regulations governing the placement of
line 27 an AED.
line 28 (2) Ensures all of the following:
line 29 (A) That the AED is maintained and regularly tested according
line 30 to the operation and maintenance guidelines set forth by the
line 31 manufacturer, the American Heart Association, and the American
line 32 Red Cross, and according to any applicable rules and regulations
line 33 set forth by the governmental authority under the federal Food and
line 34 Drug Administration and any other applicable state and federal
line 35 authority.
line 36 (B) That the AED is checked for readiness after each use and
line 37 at least once every 30 days if the AED has not been used in the
line 38 preceding 30 days. Records of these checks shall be maintained.
line 39 (C) That any person who renders emergency care or treatment
line 40 on a person in cardiac arrest by using an AED activates the
97
— 4 —AB 939
Attachment C
line 1 emergency medical services system as soon as possible, and reports
line 2 any use of the AED to the licensed physician and to the local EMS
line 3 agency.
line 4 (D) For every AED unit acquired up to five units, no less than
line 5 one employee per AED unit shall complete a training course in
line 6 cardiopulmonary resuscitation and AED use that complies with
line 7 the regulations adopted by the Emergency Medical Service
line 8 Authority and the standards of the American Heart Association or
line 9 the American Red Cross. After the first five AED units are
line 10 acquired, for each additional five AED units acquired, one
line 11 employee shall be trained beginning with the first AED unit
line 12 acquired. Acquirers of AED units shall have trained employees
line 13 who should be available to respond to an emergency that may
line 14 involve the use of an AED unit during normal operating hours.
line 15 However school employees shall not be requested or required to
line 16 pay for any of the training pursuant to this section.
line 17 (E) That there is a written plan that describes the procedures to
line 18 be followed in the event of an emergency that may involve the use
line 19 of an AED, to ensure compliance with the requirements of this
line 20 section. The written plan shall include, but not be limited to,
line 21 immediate notification of 911 and trained office personnel at the
line 22 start of AED procedures.
line 23 (3) When an AED is placed in a building, building owners shall
line 24 ensure that tenants annually receive a brochure, approved as to
line 25 content and style by the American Heart Association or American
line 26 Red Cross, which describes the proper use of an AED, and also
line 27 ensure that similar information is posted next to any installed AED.
line 28 (4) When an AED is placed in a building, no less than once a
line 29 year, building owners shall notify their tenants as to the location
line 30 of AED units in the building.
line 31 (c) Any person or entity that supplies an AED shall do all of
line 32 the following:
line 33 (1) Notify an agent of the local EMS agency of the existence,
line 34 location, and type of AED acquired.
line 35 (2) Provide to the acquirer of the AED all information governing
line 36 the use, installation, operation, training, and maintenance of the
line 37 AED.
line 38 (d) A violation of this provision is not subject to penalties
line 39 pursuant to Section 1798.206.
97
AB 939— 5 — Attachment C
line 1 (e) The protections specified in this section do not apply in the
line 2 case of personal injury or wrongful death that results from the
line 3 gross negligence or willful or wanton misconduct of the person
line 4 who renders emergency care or treatment by the use of an AED.
line 5 (f) Nothing in this section or Section 1714.21 of the Civil Code
line 6 shall be construed to require a building owner or a building
line 7 manager to acquire and have installed an AED in any building.
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97
— 6 —AB 939
Attachment C
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY FEBRUARY 4, 2013
california legislature—2013–14 regular session
ASSEMBLY BILL No. 48
Introduced by Assembly Member Skinner
(Coauthors: Assembly Members Alejo, Ammiano, Bloom, Bonta,
Ting, and Williams)
(Coauthors: Senators De León and Hancock)
December 20, 2012
An act to amend Sections 16740, 16890, 32310, and 32390 of, and
to add Sections 16151, 16740.5, 30301, 30302, 30302.5, 30303, 30304,
and 32311 to, the Penal Code, relating to firearms.
legislative counsel’s digest
AB 48, as amended, Skinner. Firearms: ammunition: sales.
(1) Except as specified, existing law makes it a crime to manufacture,
import, keep for sale, offer or expose for sale, or give or lend any
large-capacity magazine, and makes a large-capacity magazine a
nuisance. Existing law defines “large-capacity magazine” to mean any
ammunition feeding device with the capacity to accept more than 10
rounds but excludes, in pertinent part, a feeding device that has been
permanently altered so that the magazine cannot accommodate more
than 10 rounds.
This bill would make it a misdemeanor, punishable by a fine of not
more than $1,000 or imprisonment in a county jail not to exceed 6
months, or by both that fine and imprisonment, to knowingly
manufacture, import, keep for sale, offer or expose for sale, or give or
96
Attachment D
lend any device that is capable of converting an ammunition feeding
device into a large-capacity magazine. The bill would revise the
definition of “large-capacity magazine” to mean any ammunition feeding
device with the capacity to accept more than 10 rounds, including a
readily restorable, as defined, disassembled large-capacity magazine,
that is readily restorable, as defined, to accommodate more than 10
rounds of ammunition, and an oversize magazine body that appears to
hold in excess of 10 rounds but has not been permanently altered to
only accommodate 10 rounds of ammunition or less. The bill would
make related, conforming changes. By creating a new crime, this bill
would impose a state-mandated local program.
(2) Existing law prohibits any person, corporation, or dealer from
selling ammunition to a person under 18 years of age, selling
ammunition designed for use in a handgun to a person under 21 years
of age, or providing possession of any ammunition to any minor who
the person, corporation, or dealer knows is prohibited from possessing
that ammunition at that time. Existing law prohibits a person,
corporation, or firm from giving possession or control of ammunition
to any person who he or she knows is prohibited by law from possessing
ammunition. Existing law also regulates handgun ammunition vendors
and provides that a handgun ammunition vendor shall not permit any
employee who the vendor knows or reasonably should know is a person
who has been convicted of a felony or other specified crimes to handle,
sell, or deliver handgun ammunition in the course and scope of
employment.
This bill would require the Department of Justice to keep a centralized
list of licensed ammunition vendors who meet certain specified
requirements. The bill would require anyone in the state, prior to selling
or otherwise transferring ownership of any ammunition to an individual
or business entity in this state or any other state, to possess a license to
sell ammunition or a license to sell firearms, as provided, be an
ammunition vendor, defined as a person who is currently on the
centralized list of ammunition vendors, to require proper identification,
as prescribed, and to report the sales to the Department of Justice. An
individual who fails to make the required report or who knowingly
makes a report with false or fictitious information violates these
provisions would be guilty of a crime, and the ammunition dealer vendor
would be subject to an administrative enforcement action by the
department as specified to remove the vendor from the centralized list
of ammunition vendors. This bill would exempt an individual in the
96
— 2 —AB 48
Attachment D
state who sells, transfers, or furnishes ammunition to certain specified
law enforcement individuals from those identification and reporting
requirements. By creating a new crime, this bill would impose a
state-mandated local program.
The bill would require the department to alert local law enforcement
entities in the community in which the purchaser resides if an individual
purchaser who is not a peace officer obtains more than 3,000 rounds
within a 5-day period.
The bill would allow a person to request a license to sell ammunition
from the Department of Justice to be an ammunition vendor, would
require the department to conduct a background check to determine if
the applicant is prohibited by state or federal law from possessing a
firearm, and would require the department to issue a license to sell be
an ammunition vendor to an applicant if the applicant is not prohibited.
The bill would require the department to adopt regulations to recover
the costs of administering the program by imposing a fee on applicants.
The bill would require the department to create the California
Ammunition Database, and would require the department to
cross-reference specified information about ammunition purchasers
provided by licensed ammunition dealers vendors with the Prohibited
Armed Persons File. If the dealer ammunition vendor failed to report
that information, the bill would authorize an administrative enforcement
action against the dealer vendor by the department. The bill would make
these provisions and the above reporting requirements regarding the
sale of ammunition operative upon the creation of the California
Ammunition Database by the department. The bill would require the
department to adopt regulations and to recover costs of administering
the program by imposing a fee on ammunition dealers.
(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 no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 16151 is added to the Penal Code, to
line 2 read:
96
AB 48— 3 — Attachment D
line 1 16151. “Ammunition vendor” means any person who is
line 2 currently recorded on the centralized list of ammunition vendors
line 3 compiled by the Department of Justice pursuant to Section 30302.5.
line 4 SECTION 1.
line 5 SEC. 2. Section 16740 of the Penal Code is amended to read:
line 6 16740. (a) As used in this part, “large-capacity magazine”
line 7 means any ammunition feeding device with the capacity to accept
line 8 more than 10 rounds, including, but not limited to, a readily
line 9 restorable a disassembled large-capacity magazine that is readily
line 10 restorable to accommodate more than 10 rounds of ammunition,
line 11 and an oversize magazine body that appears to hold in excess of
line 12 10 rounds. rounds but has not been permanently altered to only
line 13 accommodate 10 rounds of ammunition or less. A magazine body
line 14 is not a large-capacity magazine if it is only of sufficient size to
line 15 accommodate no more than 10 or fewer rounds of ammunition
line 16 and the internal working parts of the magazine, including the
line 17 follower and spring.
line 18 (b) As used in this section part, “readily restorable” means
line 19 includes all of the magazine parts of a fully functioning
line 20 large-capacity magazine, including, but not limited to, the body,
line 21 spring, follower, and floor plate or end plate, under the custody
line 22 and control of an individual or individuals that can be assembled
line 23 into a complete magazine.
line 24 SEC. 2.
line 25 SEC. 3. Section 16740.5 is added to the Penal Code, to read:
line 26 16740.5. As used in this part, a “large-capacity magazine” shall
line 27 not be construed to include any of the following:
line 28 (a) A .22 caliber tube ammunition feeding device.
line 29 (b) A tubular magazine that is contained in a lever-action
line 30 firearm.
line 31 SEC. 3.
line 32 SEC. 4. Section 16890 of the Penal Code is amended to read:
line 33 16890. As used in Section 16150, 16740, 30305, or 30515,
line 34 “magazine” means any ammunition feeding device, including
line 35 readily restorable a disassembled magazines. magazine that is
line 36 readily restorable to be an ammunition feeding device. For
line 37 purposes of this section, “readily restorable” means magazine all
line 38 of the parts of a large-capacity magazine, including, but not limited
line 39 to, the body, spring, follower, and floor plate or end plate, under
96
— 4 —AB 48
Attachment D
line 1 the custody and control of an individual or individuals that can be
line 2 assembled into a complete as a fully functioning magazine.
line 3 SEC. 4.
line 4 SEC. 5. Section 30301 is added to the Penal Code, to read:
line 5 30301. (a) Anyone in this state, prior to selling, transferring,
line 6 or otherwise furnishing ammunition to an individual or business
line 7 entity in this state or any other state, shall do all of the following:
line 8 (1) Possess a license to sell ammunition, as described in Section
line 9 30302, or a license to sell firearms pursuant to Article 1
line 10 (commencing with Section 26700) and Article 2 (commencing
line 11 with Section 26800) of Chapter 2.
line 12 (1) Be an ammunition vendor as defined in Section 16151.
line 13 (2) Require proper identification from the purchaser in the form
line 14 of a driver’s license or other photographic identification issued by
line 15 a state or the federal government.
line 16 (3) Submit a report to the Department of Justice for all of the
line 17 transactions, in a manner to be determined by the department.
line 18 (b) The Department of Justice shall alert local law enforcement
line 19 entities in the community city, county, or city and county in which
line 20 the purchaser resides if the purchaser obtains more than 3,000
line 21 rounds within a five-day period and the purchaser is an individual
line 22 and not an authorized firearms dealer not an ammunition vendor.
line 23 The department is not required to alert local law enforcement of
line 24 sales of ammunition made to peace officers.
line 25 (c) (1) Any individual who does not submit the report required
line 26 by paragraph (3) of subdivision (a), or who knowingly submits a
line 27 report with false or fictitious information, A violation of this section
line 28 shall be punished by imprisonment in a county jail not exceeding
line 29 six months, by a fine not exceeding five thousand dollars ($5,000),
line 30 or by both the fine and imprisonment, and the dealer ammunition
line 31 vendor is subject to an administrative enforcement action by the
line 32 department to revoke or suspend the dealer’s license to sell
line 33 ammunition remove the ammunition vendor from the centralized
line 34 list of ammunition vendors.
line 35 (2) Any individual who has previously been convicted of a
line 36 violation of paragraph (1) shall, upon a subsequent conviction
line 37 thereof, be punished by imprisonment pursuant to subdivision (h)
line 38 of Section 1170 of the Penal Code, or by imprisonment in a county
line 39 jail not exceeding one year, by a fine not exceeding one hundred
line 40 thousand dollars ($100,000), or by both the fine and imprisonment.
96
AB 48— 5 — Attachment D
line 1 (d) Subdivisions (a), (b), and (c) do not apply to or affect the
line 2 sale, delivery, or transfer of ammunition to any of the following:
line 3 (1) An authorized law enforcement representative of a city,
line 4 county, city and county, or state or federal government, if the sale,
line 5 delivery, or transfer is for the exclusive use by that government
line 6 agency and, prior to the sale, delivery, or transfer of the
line 7 ammunition, written authorization from the head of the agency
line 8 employing the purchaser or transferee is obtained identifying the
line 9 employee as an individual authorized to conduct the transaction,
line 10 and authorizing the transaction for the exclusive use of the agency
line 11 employing the individual.
line 12 (2) A sworn peace officer, as defined in Chapter 4.5
line 13 (commencing with Section 830) of Title 3 of Part 2 who is
line 14 authorized to carry a firearm in the course and scope of his or her
line 15 duties.
line 16 SEC. 5.
line 17 SEC. 6. Section 30302 is added to the Penal Code, to read:
line 18 30302. (a) A person may request an ammunition a license
line 19 from the Department of Justice to be an ammunition vendor.
line 20 (b) The Department of Justice shall examine its records and
line 21 records available to the department in the National Instant Criminal
line 22 Background Check System in order to determine if the applicant
line 23 is prohibited by state or federal law from possessing, receiving,
line 24 owning, or purchasing a firearm.
line 25 (c) The department shall issue a license to sell ammunition be
line 26 an ammunition vendor to an applicant if the department’s records
line 27 indicate that the applicant is not a person who is prohibited by
line 28 state or federal law from possessing firearms and the applicant
line 29 complies with the requirements of subdivision (b) of Section
line 30 30302.5.
line 31 (d) The department shall adopt regulations to administer this
line 32 program and shall recover the reasonable costs of administering
line 33 and enforcing this program, by imposing fees assessed to applicants
line 34 who apply for those licenses.
line 35 (e) All funds collected shall be deposited in the Ammunition
line 36 Dealer License Vendor Fund, which is hereby created.
line 37 SEC. 7. Section 30302.5 is added to the Penal Code, to read:
line 38 30302.5. (a) Except as otherwise provided in subdivisions (c),
line 39 (d), and (e), the Department of Justice shall keep a centralized list
line 40 of ammunition vendors licensed pursuant to Section 30302.
96
— 6 —AB 48
Attachment D
line 1 (b) In order to be listed as an ammunition vendor on the
line 2 centralized list of ammunition vendors, a person shall satisfy all
line 3 of the following requirements:
line 4 (1) Meet at least one of the following criteria:
line 5 (A) Be recorded on the centralized list of licensed firearms
line 6 dealers specified in Section 26715.
line 7 (B) Be recorded on the centralized list of licensed firearms
line 8 manufacturers specified in Section 29060.
line 9 (C) Have a certificate of eligibility issued by the Department
line 10 of Justice pursuant to Section 26710.
line 11 (2) Have any regulatory or business license, or licenses,
line 12 required by local government.
line 13 (3) Have a valid seller’s permit issued by the State Board of
line 14 Equalization.
line 15 (4) Have payed the annual fee established by the department
line 16 pursuant to subdivision (d) of Section 30302.
line 17 (c) The department may remove from the centralized list any
line 18 person who knowingly or with gross negligence violates a provision
line 19 of Section 30301.
line 20 (d) The department shall remove from the centralized list any
line 21 person who does not satisfy the requirements of subdivision (b).
line 22 (e) Upon removal of a vendor from the list, notification shall
line 23 be provided to local law enforcement and licensing authorities in
line 24 the jurisdiction where the vendor’s business is located.
line 25 (f) Information compiled from the centralized list shall only be
line 26 made available, upon request, for law enforcement purposes.
line 27 SEC. 6.
line 28 SEC. 8. Section 30303 is added to the Penal Code, to read:
line 29 30303. (a) The Department of Justice shall create the California
line 30 Ammunition Database.
line 31 (b) Ammunition dealers vendors shall collect each ammunition
line 32 purchaser’s name, date of birth, address, and the number of rounds
line 33 of ammunition to be sold, transferred, or furnished, and report that
line 34 information electronically to the Department of Justice. An
line 35 ammunition dealer vendor who fails to report that information
line 36 electronically to the department is subject to an administrative
line 37 enforcement action by the department to revoke or suspend the
line 38 dealer’s vendor’s license to sell ammunition.
line 39 (c) Upon receipt of the information described in subdivision (a)
line 40 (b), the Department of Justice shall immediately cross-reference
96
AB 48— 7 — Attachment D
line 1 the purchaser’s information with the Prohibited Armed Persons
line 2 File. If a purchaser’s name appears in the Prohibited Armed
line 3 Persons File, the Department of Justice shall forward that
line 4 individual’s information to local law enforcement through a secure
line 5 mail box means.
line 6 (d) The department shall record the information in subdivision
line 7 (a) in the database for every purchaser and make the information
line 8 readily available to ammunition dealers in an electronic format.
line 9 The department shall also make the information in the database
line 10 accessible to state and local law enforcement if that access does
line 11 not increase the cost of the database.
line 12 (e) Prior to each sale or transfer of ammunition, an ammunition
line 13 dealer shall, in a manner determined by the department, check the
line 14 ammunition purchaser’s information against the California
line 15 Ammunition Database.
line 16 (f)
line 17 (d) This section and the reporting requirement in Section 30301
line 18 shall not become effective until the Department of Justice creates
line 19 the California Ammunition Database, which shall occur on or
line 20 before January 1, 2016.
line 21 (g)
line 22 (e) The department shall adopt regulations to administer this
line 23 program, and shall recover the reasonable costs of administering
line 24 and enforcing this program by imposing fees assessed to
line 25 ammunition dealers vendors based upon the number of rounds of
line 26 ammunition sold or transferred to the ammunition purchaser.
line 27 (h)
line 28 (f) For purposes of this section, an “ammunition purchaser”
line 29 includes any individual or business entity who receives
line 30 ammunition, whether by sale or transfer, or is otherwise furnished
line 31 with ammunition. An ammunition purchaser does not include any
line 32 individual or entity described in subdivision (d) of Section 30301.
line 33 SEC. 9. Section 30304 is added to the Penal Code, to read:
line 34 30304. For purposes of Sections 30301, 30302, 30302.5, and
line 35 30303, “ammunition” does not include blanks.
line 36 SEC. 10. Section 32310 of the Penal Code is amended to read:
line 37 32310. (a) Except as provided in Article 2 (commencing with
line 38 Section 32400) of this chapter and in Chapter 1 (commencing with
line 39 Section 17700) of Division 2 of Title 2, commencing January 1,
line 40 2000, any person in this state who manufactures or causes to be
96
— 8 —AB 48
Attachment D
line 1 manufactured, imports into the state, keeps for sale, or offers or
line 2 exposes for sale, or who gives, or lends, buys, or receives any
line 3 large-capacity magazine is punishable by imprisonment in a county
line 4 jail not exceeding one year or imprisonment pursuant to subdivision
line 5 (h) of Section 1170.
line 6 (b) For purposes of this section, “manufacturing” includes both
line 7 fabricating a magazine and assembling a magazine from a
line 8 combination of parts, including, but not limited to, the body, spring,
line 9 follower, and floor plate or end plate, to be a fully functioning
line 10 large-capacity magazine.
line 11 SEC. 7.
line 12 SEC. 11. Section 32311 is added to the Penal Code, to read:
line 13 32311. Except as provided in Article 2 (commencing with
line 14 Section 32400) of this chapter and in Chapter 1 (commencing with
line 15 Section 17700) of Division 2 of Title 2, commencing January 1,
line 16 2014, any person in this state who knowingly manufactures or
line 17 causes to be manufactured, imports into the state, keeps for sale,
line 18 or offers or exposes for sale, or who gives or lends gives, lends,
line 19 buys, or receives any device that is or combination of the parts of
line 20 a fully functioning large-capacity magazine, including, but not
line 21 limited to, the body, spring, follower, and floor plate or end plate,
line 22 capable of converting an ammunition feeding device into a
line 23 large-capacity magazine is punishable by a fine of not more than
line 24 one thousand dollars ($1,000) or imprisonment in a county jail not
line 25 to exceed six months, or by both that fine and imprisonment.
line 26 SEC. 8.
line 27 SEC. 12. Section 32390 of the Penal Code is amended to read:
line 28 32390. (a) Except as provided in Article 2 (commencing with
line 29 Section 32400) of this chapter and in Chapter 1 (commencing with
line 30 Section 17700) of Division 2 of Title 2, and in subdivision (b),
line 31 any large-capacity magazine is a nuisance and is subject to Section
line 32 18010.
line 33 (b) Subdivision (a) does not apply to the possession of a readily
line 34 restorable disassembled large-capacity magazine or an oversize
line 35 magazine body that has been permanently altered so that the
line 36 magazine cannot accommodate more than 10 rounds by a person
line 37 who lawfully possessed the magazine prior to January 1, 2014.
line 38 SEC. 9.
line 39 SEC. 13. No reimbursement is required by this act pursuant to
line 40 Section 6 of Article XIIIB of the California Constitution because
96
AB 48— 9 — Attachment D
line 1 the only costs that may be incurred by a local agency or school
line 2 district will be incurred because this act creates a new crime or
line 3 infraction, eliminates a crime or infraction, or changes the penalty
line 4 for a crime or infraction, within the meaning of Section 17556 of
line 5 the Government Code, or changes the definition of a crime within
line 6 the meaning of Section 6 of Article XIIIB of the California
line 7 Constitution.
O
96
— 10 —AB 48
Attachment D
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 21, 2013
SENATE BILL No. 53
Introduced by Senator De León
(Principal coauthor: Senator Yee)
(Coauthors: Senators Leno and Steinberg)
(Coauthors: Assembly Members Skinner and Ting)
December 20, 2012
An act to amend Sections 11106, 17315, 30000, 30005, 30010, 30312,
30345, 30347, 30350, 30352, and 30365 of, to amend the heading of
Article 3 (commencing with Section 30345) of Chapter 1 of Division
10 of Title 4 of Part 6 of, to add Sections 16663 and 30348 to, to add
Article 4 (commencing with Section 30370) to Chapter 1 of Division
10 of Title 4 of Part 6 of, and to add Article 5 (commencing with Section
30380) to Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal
Code, relating to ammunition.
legislative counsel’s digest
SB 53, as amended, De León. Ammunition: purchase permits.
(1) Existing law requires the Attorney General to maintain records,
including among other things, fingerprints, licenses to carry concealed
firearms, and information from firearms dealers pertaining to firearms,
for purposes of assisting in the investigation of crimes, and specified
civil actions.
This bill would require the Attorney General to also maintain copies
of ammunition purchase permits, information about ammunition
transactions, as specified, and ammunition vendor licenses, as specified,
for those purposes.
97
Attachment E
(2) Existing law establishes the Prohibited Armed Persons File, the
purpose of which is to cross-reference person who are prohibited from
possessing firearms with records of firearm transactions, as specified,
to determine if these persons have acquired or attempted to acquire
firearms. Under existing law, a person who is prohibited from owning
or possessing a firearm is prohibited from owning, possessing, or having
under his or her custody or control, any ammunition or reloaded
ammunition.
This bill would expand the Prohibited Armed Persons File to address
persons prohibited from acquiring ammunition, and would similarly
cross-reference those persons with records of ammunition transactions,
as specified, to determine if these persons have acquired or attempted
to acquire ammunition.
(3) Existing law, subject to exceptions, requires that the delivery or
transfer of ownership of handgun ammunition occur only in a
face-to-face transaction. Existing law provides that the term “vendor”
for purposes of ammunition sales is a “handgun ammunition vendor”
as defined for those and other purposes.
This bill would extend those provisions to any ammunition. The bill
would provide that the term “vendor” for purposes of ammunition sales
means “ammunition vendor,” and, commencing July 1, 2014, who is
licensed, as specified, for those and other purposes. The bill would
provide that commencing July 1, 2014, only a licensed ammunition
vendor may sell ammunition. The bill would make additional conforming
changes.
(4) Existing law prohibits an ammunition vendor from allowing a
person the vendor knows or should know is a person who is prohibited
from possessing firearms for specified reasons, from handling, selling,
or delivering handgun ammunition in the course and scope of their
employment. Existing law prohibits an ammunition vendor from selling
or otherwise transferring ownership of, offering for sale or otherwise
offering to transfer ownership of, or displaying for sale or displaying
for transfer of ownership of, any handgun ammunition in a manner that
allows that ammunition to be accessible to a purchaser or transferee
without the assistance of the vendor or an employee of the vendor.
This bill would extend those prohibitions to any ammunition. The
bill would provide that a violation of those provisions is a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
97
— 2 —SB 53
Attachment E
(5) Existing law subject to exceptions, requires a handgun
ammunition vendor to record specified information at the time of
delivery of handgun ammunition to a purchaser, as specified.
This bill would extend those provisions to transactions of any
ammunition. The bill would, commencing July 1, 2014, require the
vendor to submit specified information about the ammunition transaction
to the Department of Justice. The bill would, commencing July 1, 2017,
and subject to exceptions, require the purchaser of ammunition to hold
an ammunition purchase permit, or other specified permit, license, or
certificate pertaining to acquisition, possession, or carrying firearms,
as provided, or other specified documentation for a person who is not
a state resident. The bill would, commencing July 1, 2017, require the
vendor to submit to the Department of Justice information demonstrating
compliance with that verification requirement, as specified. The bill
would, commencing January 1, 2017, authorize issuance of ammunition
purchase permits by the Department of Justice to applicants who are
residents of this state, at least 18 years of age, not prohibited from
acquiring or possessing ammunition, and who pay the required fees, as
specified. The bill would establish an application process and specify
the information to be displayed on the permit. The bill would provide
that the permit authorizes the holder to purchase ammunition from an
ammunition vendor.
(6) The bill would authorize the Department of Justice to issue
ammunition vendor licenses, commencing July 1, 2014. The bill would
require an ammunition vendor to be licensed, commencing July 1, 2014,
in order to sell or transfer ownership of ammunition. Violation of these
provisions would be a misdemeanor. The bill would create an application
process and a registry for licensed ammunition vendors, as specified.
The bill would require the ammunition vendor to conduct business at
the location specified in the license, except in the case of gun shows or
events, as specified.
By creating a new crime, this bill would impose a state-mandated
local program.
(7) The bill would require the Attorney General to report to the
Legislature, on or before January 1, 2016, on the feasibility and costs
of implementing an instantaneous background check system for purposes
of evaluating prospective ammunition purchasers, as specified. The bill
would state the intent of the Legislature in this regard.
97
SB 53— 3 — Attachment E
(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.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11106 of the Penal Code, as added by
line 2 Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
line 3 read:
line 4 11106. (a) In order to assist in the investigation of crime, the
line 5 prosecution of civil actions by city attorneys pursuant to paragraph
line 6 (3) of subdivision (b), the arrest and prosecution of criminals, and
line 7 the recovery of lost, stolen, or found property, the Attorney General
line 8 shall keep and properly file a complete record of all copies of
line 9 fingerprints, copies of licenses to carry firearms issued pursuant
line 10 to Section 26150, 26155, 26170, or 26215, information reported
line 11 to the Department of Justice pursuant to Section 26225, copies of
line 12 permits authorized in Section 30370, ammunition vendor license
line 13 information pursuant to Article 5 (commencing with Section
line 14 30380) of Chapter 1 of Division 10 of Title 4 of Part 6, information
line 15 required by subdivisions (a), (b), and (c) of Section 30352, dealers’
line 16 records of sales of firearms, reports provided pursuant to Article
line 17 1 (commencing with Section 27500) of Chapter 4 of Division 6
line 18 of Title 4 of Part 6, or pursuant to any provision listed in
line 19 subdivision (a) of Section 16585, forms provided pursuant to
line 20 Section 12084, as that section read prior to being repealed, reports
line 21 provided pursuant to Article 1 (commencing with Section 26700)
line 22 and Article 2 (commencing with Section 26800) of Chapter 2 of
line 23 Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
line 24 of firearms, and reports of stolen, lost, found, pledged, or pawned
line 25 property in any city or county of this state, and shall, upon proper
line 26 application therefor, furnish this information to the officers referred
line 27 to in Section 11105.
line 28 (b) (1) The Attorney General shall permanently keep and
line 29 properly file and maintain all information reported to the
97
— 4 —SB 53
Attachment E
line 1 Department of Justice pursuant to the following provisions as to
line 2 firearms and maintain a registry thereof:
line 3 (A) Article 1 (commencing with Section 26700) and Article 2
line 4 (commencing with Section 26800) of Chapter 2 of Division 6 of
line 5 Title 4 of Part 6.
line 6 (B) Article 1 (commencing with Section 27500) of Chapter 4
line 7 of Division 6 of Title 4 of Part 6.
line 8 (C) Chapter 5 (commencing with Section 28050) of Division 6
line 9 of Title 4 of Part 6.
line 10 (D) Any provision listed in subdivision (a) of Section 16585.
line 11 (E) Former Section 12084.
line 12 (F) Any other law.
line 13 (2) The registry shall consist of all of the following:
line 14 (A) The name, address, identification of, place of birth (state
line 15 or country), complete telephone number, occupation, sex,
line 16 description, and all legal names and aliases ever used by the owner
line 17 or person being loaned the particular firearm as listed on the
line 18 information provided to the department on the Dealers’ Record of
line 19 Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
line 20 in former Section 12084, or reports made to the department
line 21 pursuant to any provision listed in subdivision (a) of Section 16585
line 22 or any other law.
line 23 (B) The name and address of, and other information about, any
line 24 person (whether a dealer or a private party) from whom the owner
line 25 acquired or the person being loaned the particular firearm and
line 26 when the firearm was acquired or loaned as listed on the
line 27 information provided to the department on the Dealers’ Record of
line 28 Sale, the LEFT, or reports made to the department pursuant to any
line 29 provision listed in subdivision (a) of Section 16585 or any other
line 30 law.
line 31 (C) Any waiting period exemption applicable to the transaction
line 32 which resulted in the owner of or the person being loaned the
line 33 particular firearm acquiring or being loaned that firearm.
line 34 (D) The manufacturer’s name if stamped on the firearm, model
line 35 name or number if stamped on the firearm, and, if applicable, the
line 36 serial number, other number (if more than one serial number is
line 37 stamped on the firearm), caliber, type of firearm, if the firearm is
line 38 new or used, barrel length, and color of the firearm, or, if the
line 39 firearm is not a handgun and does not have a serial number or any
line 40 identification number or mark assigned to it, that shall be noted.
97
SB 53— 5 — Attachment E
line 1 (3) Information in the registry referred to in this subdivision
line 2 shall, upon proper application therefor, be furnished to the officers
line 3 referred to in Section 11105, to a city attorney prosecuting a civil
line 4 action, solely for use in prosecuting that civil action and not for
line 5 any other purpose, or to the person listed in the registry as the
line 6 owner or person who is listed as being loaned the particular firearm.
line 7 (4) If any person is listed in the registry as the owner of a firearm
line 8 through a Dealers’ Record of Sale prior to 1979, and the person
line 9 listed in the registry requests by letter that the Attorney General
line 10 store and keep the record electronically, as well as in the record’s
line 11 existing photographic, photostatic, or nonerasable optically stored
line 12 form, the Attorney General shall do so within three working days
line 13 of receipt of the request. The Attorney General shall, in writing,
line 14 and as soon as practicable, notify the person requesting electronic
line 15 storage of the record that the request has been honored as required
line 16 by this paragraph.
line 17 (c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
line 18 of subdivision (b) of Section 11105 may disseminate the name of
line 19 the subject of the record, the number of the firearms listed in the
line 20 record, and the description of any firearm, including the make,
line 21 model, and caliber, from the record relating to any firearm’s sale,
line 22 transfer, registration, or license record, or any information reported
line 23 to the Department of Justice pursuant to Section 26225, Article 1
line 24 (commencing with Section 26700) and Article 2 (commencing
line 25 with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
line 26 6, Article 1 (commencing with Section 27500) of Chapter 4 of
line 27 Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
line 28 Section 28050) of Division 6 of Title 4 of Part 6, Article 2
line 29 (commencing with Section 28150) of Chapter 6 of Division 6 of
line 30 Title 4 of Part 6, Article 5 (commencing with Section 30900) of
line 31 Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
line 32 (commencing with Section 33850) of Division 11 of Title 4 of Part
line 33 6, or any provision listed in subdivision (a) of Section 16585, if
line 34 the following conditions are met:
line 35 (A) The subject of the record has been arraigned for a crime in
line 36 which the victim is a person described in subdivisions (a) to (f),
line 37 inclusive, of Section 6211 of the Family Code and is being
line 38 prosecuted or is serving a sentence for the crime, or the subject of
line 39 the record is the subject of an emergency protective order, a
line 40 temporary restraining order, or an order after hearing, which is in
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Attachment E
line 1 effect and has been issued by a family court under the Domestic
line 2 Violence Protection Act set forth in Division 10 (commencing
line 3 with Section 6200) of the Family Code.
line 4 (B) The information is disseminated only to the victim of the
line 5 crime or to the person who has obtained the emergency protective
line 6 order, the temporary restraining order, or the order after hearing
line 7 issued by the family court.
line 8 (C) Whenever a law enforcement officer disseminates the
line 9 information authorized by this subdivision, that officer or another
line 10 officer assigned to the case shall immediately provide the victim
line 11 of the crime with a “Victims of Domestic Violence” card, as
line 12 specified in subparagraph (H) of paragraph (9) of subdivision (c)
line 13 of Section 13701.
line 14 (2) The victim or person to whom information is disseminated
line 15 pursuant to this subdivision may disclose it as he or she deems
line 16 necessary to protect himself or herself or another person from
line 17 bodily harm by the person who is the subject of the record.
line 18 (d) This section shall become operative January 1, 2014.
line 19 SEC. 2. Section 16663 is added to the Penal Code, to read:
line 20 16663. (a) As used in this part, “ammunition vendor” means
line 21 any person, firm, corporation, dealer, or any other business
line 22 enterprise that is engaged in the retail sale of any ammunition, or
line 23 that holds itself out as engaged in the business of selling any
line 24 ammunition.
line 25 (b) Commencing July 1, 2014, “ammunition vendor” means
line 26 any person or entity described in subdivision (a) who has a current
line 27 ammunition vendor license, pursuant to Section 30380.
line 28 SEC. 3. Section 17315 of the Penal Code is amended to read:
line 29 17315. As used in Article 3 (commencing with Section 30345)
line 30 of Chapter 1 of Division 10 of Title 4, “vendor” means an
line 31 ammunition vendor.
line 32 SEC. 4. Section 30000 of the Penal Code is amended to read:
line 33 30000. (a) The Attorney General shall establish and maintain
line 34 an online database to be known as the Prohibited Armed Persons
line 35 File. The purpose of the file is to cross-reference persons who have
line 36 ownership or possession of a firearm on or after January 1, 1991,
line 37 as indicated by a record in the Consolidated Firearms Information
line 38 System, and who, subsequent to the date of that ownership or
line 39 possession of a firearm, fall within a class of persons who are
line 40 prohibited from owning or possessing a firearm.
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SB 53— 7 — Attachment E
line 1 (b) Commencing January 1, 2014, the file shall also be used to
line 2 cross-reference persons who acquire ammunition to determine if
line 3 those persons fall within a class of persons who are prohibited
line 4 from owning or possessing ammunition.
line 5 (c) The information contained in the Prohibited Armed Persons
line 6 File shall only be available to those entities specified in, and
line 7 pursuant to, subdivision (b) or (c) of Section 11105, through the
line 8 California Law Enforcement Telecommunications System, for the
line 9 purpose of determining if persons are armed and prohibited from
line 10 possessing firearms or ammunition.
line 11 SEC. 5. Section 30005 of the Penal Code is amended to read:
line 12 30005. The Prohibited Armed Persons File database shall
line 13 function as follows:
line 14 (a) Upon entry into the Automated Criminal History System of
line 15 a disposition for a conviction of any felony, a conviction for any
line 16 firearms-prohibiting charge specified in Chapter 2 (commencing
line 17 with Section 29800), a conviction for an offense described in
line 18 Chapter 3 (commencing with Section 29900), a firearms prohibition
line 19 pursuant to Section 8100 or 8103 of the Welfare and Institutions
line 20 Code, or any firearms possession prohibition identified by the
line 21 federal National Instant Criminal Background Check System, the
line 22 Department of Justice shall determine if the subject has an entry
line 23 in the Consolidated Firearms Information System indicating
line 24 possession or ownership of a firearm on or after January 1, 1991,
line 25 or an assault weapon registration, or a .50 BMG rifle registration,
line 26 or, commencing January 1, 2014, acquisition of ammunition.
line 27 (b) Upon an entry into any department automated information
line 28 system that is used for the identification of persons who are
line 29 prohibited by state or federal law from acquiring, owning, or
line 30 possessing firearms, the department shall determine if the subject
line 31 has an entry in the Consolidated Firearms Information System
line 32 indicating ownership or possession of a firearm on or after January
line 33 1, 1991, or an assault weapon registration, or a .50 BMG rifle
line 34 registration, or information received pursuant to subdivision (b)
line 35 of Section 30352.
line 36 (c) If the department determines that, pursuant to subdivision
line 37 (a) or (b), the subject has an entry in the Consolidated Firearms
line 38 Information System indicating possession or ownership of a firearm
line 39 on or after January 1, 1991, or an assault weapon registration, or
line 40 a .50 BMG rifle registration, or information received pursuant to
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Attachment E
line 1 subdivision (b) of Section 30352, the following information shall
line 2 be entered into the Prohibited Armed Persons File:
line 3 (1) The subject’s name.
line 4 (2) The subject’s date of birth.
line 5 (3) The subject’s physical description.
line 6 (4) Any other identifying information regarding the subject that
line 7 is deemed necessary by the Attorney General.
line 8 (5) The basis of the firearms and ammunition possession
line 9 prohibition.
line 10 (6) A description of all firearms owned or possessed by the
line 11 subject, as reflected by the Consolidated Firearms Information
line 12 System.
line 13 SEC. 6. Section 30010 of the Penal Code is amended to read:
line 14 30010. The Attorney General shall provide investigative
line 15 assistance to local law enforcement agencies to better ensure the
line 16 investigation of individuals who are armed and prohibited from
line 17 possessing a firearm or who are prohibited from possessing
line 18 ammunition.
line 19 SEC. 7. Section 30312 of the Penal Code is amended to read:
line 20 30312. (a) (1) The delivery or transfer of ownership of
line 21 ammunition may only occur in a face-to-face transaction with the
line 22 deliverer or transferor being provided bona fide evidence of identity
line 23 from the purchaser or other transferee.
line 24 (2) Commencing July 1, 2014, the sale of ammunition may only
line 25 be conducted by an ammunition vendor licensed pursuant to
line 26 Section 30385.
line 27 (b) Subdivision (a) shall not apply to or affect the sale, delivery,
line 28 or transfer of ammunition to any of the following:
line 29 (1) An authorized law enforcement representative of a city,
line 30 county, city and county, or state or federal government, if the sale,
line 31 delivery, or transfer is for exclusive use by that government agency
line 32 and, prior to the sale, delivery, or transfer of the ammunition,
line 33 written authorization from the head of the agency employing the
line 34 purchaser or transferee is obtained, identifying the employee as
line 35 an individual authorized to conduct the transaction, and authorizing
line 36 the transaction for the exclusive use of the agency employing the
line 37 individual.
line 38 (2) A sworn peace officer, as defined in Chapter 4.5
line 39 (commencing with Section 830) of Title 3 of Part 2 who is
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SB 53— 9 — Attachment E
line 1 authorized to carry a firearm in the course and scope of the officer’s
line 2 duties.
line 3 (3) An importer or manufacturer of ammunition or firearms
line 4 who is licensed to engage in business pursuant to Chapter 44
line 5 (commencing with Section 921) of Title 18 of the United States
line 6 Code and the regulations issued pursuant thereto.
line 7 (4) A person who is on the centralized list maintained by the
line 8 Department of Justice pursuant to Article 6 (commencing with
line 9 Section 28450) of Chapter 6 of Division 6 of this title.
line 10 (5) A person whose licensed premises are outside this state and
line 11 who is licensed as a dealer or collector of firearms pursuant to
line 12 Chapter 44 (commencing with Section 921) of Title 18 of the
line 13 United States Code and the regulations issued pursuant thereto.
line 14 (6) A person who is licensed as a collector of firearms pursuant
line 15 to Chapter 44 (commencing with Section 921) of Title 18 of the
line 16 United States Code and the regulations issued pursuant thereto,
line 17 whose licensed premises are within this state, and who has a current
line 18 certificate of eligibility issued by the Department of Justice
line 19 pursuant to Section 26710.
line 20 (7) An ammunition vendor.
line 21 (8) A consultant-evaluator.
line 22 (c) A violation of this section is a misdemeanor.
line 23 SEC. 8. The heading of Article 3 (commencing with Section
line 24 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
line 25 Code is amended to read:
line 26
line 27 Article 3. Ammunition Vendors
line 28
line 29 SEC. 9. Section 30345 of the Penal Code is amended to read:
line 30 30345. (a) A vendor shall comply with all of the conditions,
line 31 requirements, and prohibitions stated in this article.
line 32 (b) Commencing July 1, 2014, an ammunition vendor shall be
line 33 licensed by the Department of Justice in order to sell or otherwise
line 34 transfer ownership of ammunition.
line 35 SEC. 10. Section 30347 of the Penal Code is amended to read:
line 36 30347. A vendor shall not permit any employee who the vendor
line 37 knows or reasonably should know is a person described in Chapter
line 38 2 (commencing with Section 29800) or Chapter 3 (commencing
line 39 with Section 29900) of Division 9 of this title or Section 8100 or
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Attachment E
line 1 8103 of the Welfare and Institutions Code to handle, sell, or deliver
line 2 ammunition in the course and scope of employment.
line 3 SEC. 11. Section 30348 is added to the Penal Code, to read:
line 4 30348. (a) Except as provided in subdivision (b), the sale or
line 5 other transfer of ownership of ammunition shall be conducted at
line 6 the location specified in the license.
line 7 (b) A vendor may sell or otherwise transfer ownership of
line 8 ammunition at a gun show or event if the gun show or event is not
line 9 conducted from any motorized or towed vehicle.
line 10 (c) For purposes of this section, “gun show or event” means a
line 11 function sponsored by any national, state, or local organization,
line 12 devoted to the collection, competitive use, or other sporting use
line 13 of firearms, or an organization or association that sponsors
line 14 functions devoted to the collection, competitive use, or other
line 15 sporting use of firearms in the community.
line 16 (d) Sales or other transfers of ownership of ammunition at a
line 17 gun show or event shall comply with Sections 30347, 30350,
line 18 30352, and 30360.
line 19 SEC. 12. Section 30350 of the Penal Code is amended to read:
line 20 30350. A vendor shall not sell or otherwise transfer ownership
line 21 of, offer for sale or otherwise offer to transfer ownership of, or
line 22 display for sale or display for transfer of ownership of any
line 23 ammunition in a manner that allows that ammunition to be
line 24 accessible to a purchaser or transferee without the assistance of
line 25 the vendor or an employee of the vendor.
line 26 SEC. 13. Section 30352 of the Penal Code is amended to read:
line 27 30352. (a) A vendor shall not sell or otherwise transfer
line 28 ownership of any ammunition without, at the time of delivery,
line 29 legibly recording the following information:
line 30 (1) The date of the sale or other transaction.
line 31 (2) The purchaser’s or transferee’s driver’s license or other
line 32 identification number and the state in which it was issued.
line 33 (3) The brand, type, and amount of ammunition sold or
line 34 otherwise transferred.
line 35 (4) The purchaser’s or transferee’s signature.
line 36 (5) The name of the salesperson who processed the sale or other
line 37 transaction.
line 38 (6) The right thumbprint of the purchaser or transferee on the
line 39 above form.
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SB 53— 11 — Attachment E
line 1 (7) The purchaser’s or transferee’s full residential address and
line 2 telephone number.
line 3 (8) The purchaser’s or transferee’s date of birth.
line 4 (b) Commencing July 1, 2014, the vendor shall submit to the
line 5 department the information required by subdivision (a) in a format
line 6 and a manner prescribed by the department for all sales or other
line 7 transfers of ownership of ammunition.
line 8 (c) Commencing July 1, 2017, an ammunition vendor shall
line 9 submit information to the department in a format prescribed by
line 10 the department to show compliance with subdivision (d).
line 11 (d) Commencing on July 1, 2017, only those persons listed
line 12 below or those persons or entities listed in subdivision (f) shall be
line 13 permitted to purchase ammunition. Prior to the delivery of the
line 14 ammunition, the vendor shall verify that the person who is
line 15 receiving delivery of the ammunition is a properly identified person
line 16 or entity listed in subdivision (f) or one of the following:
line 17 (1) A holder of a valid ammunition purchase permit issued
line 18 pursuant to Section 30370.
line 19 (2) A person who is authorized to carry loaded firearms pursuant
line 20 to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or
line 21 26030.
line 22 (3) A holder of a special weapons permit issued by the
line 23 department pursuant to Section 32650 or 33300, pursuant to Article
line 24 3 (commencing with Section 18900) of Chapter 1 of Division 5
line 25 of Title 2, or pursuant to Article 4 (commencing with Section
line 26 32700) of Chapter 6 of this division.
line 27 (4) A holder of a current certificate of eligibility issued pursuant
line 28 to Section 26710.
line 29 (5) A holder of a valid entertainment firearms permit issued
line 30 pursuant to Chapter 2 (commencing with Section 29500) of
line 31 Division 8.
line 32 (6) If a person is not the holder of an ammunition purchase
line 33 permit because he or she is not a resident of this state, then pursuant
line 34 to procedures prescribed by the department, the person presents
line 35 documentation to the vendor that shows that the person would not
line 36 be prohibited from acquiring or possessing ammunition within this
line 37 state.
line 38 (e) Commencing July 1, 2017, the vendor shall verify that the
line 39 ammunition purchase permit is valid by contacting the department
line 40 for each ammunition transaction, in a manner prescribed by the
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Attachment E
line 1 department. The department shall conduct an instantaneous
line 2 background check to determine if the permitee is prohibited from
line 3 possessing ammunition. The department shall approve or deny the
line 4 transaction on the basis of the background check and shall inform
line 5 the vendor.
line 6 (f) Subdivisions (a) and (e) shall not apply to or affect sales or
line 7 other transfers of ownership of ammunition by ammunition vendors
line 8 to any of the following, if properly identified:
line 9 (1) A person licensed pursuant to Sections 26700 to 26915,
line 10 inclusive.
line 11 (2) An ammunition vendor.
line 12 (3) A person who is on the centralized list maintained by the
line 13 department pursuant to Article 6 (commencing with Section 28450)
line 14 of Chapter 6 of Division 6 of this title.
line 15 (4) A target facility that holds a business or regulatory license.
line 16 (5) A gunsmith.
line 17 (6) A wholesaler.
line 18 (7) A manufacturer or importer of firearms or ammunition
line 19 licensed pursuant to Chapter 44 (commencing with Section 921)
line 20 of Title 18 of the United States Code, and the regulations issued
line 21 pursuant thereto.
line 22 (8) An authorized law enforcement representative of a city,
line 23 county, city and county, or state or federal government, if the sale
line 24 or other transfer of ownership is for exclusive use by that
line 25 government agency, and, prior to the sale, delivery, or transfer of
line 26 the ammunition, written authorization from the head of the agency
line 27 authorizing the transaction is presented to the person from whom
line 28 the purchase, delivery, or transfer is being made. Proper written
line 29 authorization is defined as verifiable written certification from the
line 30 head of the agency by which the purchaser, transferee, or person
line 31 otherwise acquiring ownership is employed, identifying the
line 32 employee as an individual authorized to conduct the transaction,
line 33 and authorizing the transaction for the exclusive use of the agency
line 34 by which that individual is employed.
line 35 SEC. 14. Section 30365 of the Penal Code is amended to read:
line 36 30365. (a) A violation of subdivision (b) of Section 30345,
line 37 Section 30347, 30350, 30352, 30355, 30360, or 30362 is a
line 38 misdemeanor.
line 39 (b) The provisions of this section are cumulative, and shall not
line 40 be construed as restricting the application of any other law.
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SB 53— 13 — Attachment E
line 1 However, an act or omission punishable in different ways by
line 2 different provisions of law shall not be punished under more than
line 3 one provision.
line 4 SEC. 15. Article 4 (commencing with Section 30370) is added
line 5 to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
line 6 to read:
line 7
line 8 Article 4. Ammunition Purchase Permits
line 9
line 10 30370. (a) (1) Commencing on January 1, 2017, any person
line 11 who is a resident of this state and who is 18 years of age or older
line 12 may apply to the department for an ammunition purchase permit,
line 13 in a format to be prescribed by the department.
line 14 (2) The ammunition purchase permit shall entitle the
line 15 permitholder to purchase or otherwise acquire ownership of
line 16 ammunition from an ammunition vendor as that term is defined
line 17 in Section 16663 and shall have no other force or effect.
line 18 (b) The department shall issue an ammunition purchase permit
line 19 to the applicant if all of the following conditions are met:
line 20 (1) The applicant is 18 years of age or older.
line 21 (2) The applicant is not prohibited from acquiring or possessing
line 22 ammunition by the laws of this state.
line 23 (3) The applicant pays the fees set forth in subdivision (i).
line 24 (c) (1) Upon receipt of an initial or renewal application, the
line 25 department shall examine its records and is authorized to request
line 26 records from the State Department of State Hospitals, pursuant to
line 27 Section 8104 of the Welfare and Institutions Code, and if
line 28 authorized, the National Instant Criminal Background Check
line 29 System, as described in Section 922(t) of Title 18 of the United
line 30 States Code, in order to determine if the applicant is prohibited
line 31 from possessing or acquiring ammunition.
line 32 (2) The applicant shall be approved or denied within 30 days
line 33 of the date of the application. If the application is denied, the
line 34 department shall state the reasons for doing so and provide the
line 35 applicant an appeal process to challenge that denial.
line 36 (d) The ammunition purchase permit shall be valid for five years
line 37 from the date of issuance.
line 38 (e) The department shall send a notice of the expiration of an
line 39 ammunition purchase permit, by first-class mail or other means
line 40 that are equivalent, including electronic mail, to the address of the
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Attachment E
line 1 person as shown by the records of the department, not less than
line 2 90 days before the expiration date, and shall enclose or contain a
line 3 form for the renewal of the permit.
line 4 (f) The ammunition purchase permit shall be revoked by the
line 5 department upon the occurrence of any event which would have
line 6 disqualified the holder from being issued the ammunition purchase
line 7 permit pursuant to this section.
line 8 (g) The ammunition purchase permit shall be in a tamper-proof
line 9 form prescribed by the department and shall include the name,
line 10 address, photograph, date of birth, a unique identifying number,
line 11 expiration date from the date of issuance, physical characteristics,
line 12 including the height, weight, eye color, and hair color of the
line 13 permitholder, and other information that may be prescribed by the
line 14 department.
line 15 (h) The department shall recover the reasonable cost of
line 16 administering this section by charging applicants an initial
line 17 application and a renewal application fee.
line 18 (i) All fees received pursuant to this section shall be deposited
line 19 into the Dealer’s Record of Sale Special Account of the General
line 20 Fund.
line 21 (j) The implementation of this section by the department is
line 22 exempt from the Administrative Procedure Act (Chapter 3.5
line 23 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 24 2 of the Government Code).
line 25 (k) The department shall annually review and shall adjust the
line 26 fees specified in subdivision (h), if necessary, to fully fund, but
line 27 not to exceed the reasonable costs of, the permit program provided
line 28 by this section, including the enforcement of this program.
line 29 (l) The Attorney General is authorized to adopt regulations to
line 30 implement the provisions of this section.
line 31 SEC. 16. Article 5 (commencing with Section 30380) is added
line 32 to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
line 33 to read:
line 34
line 35 Article 5. Ammunition Vendor Licenses
line 36
line 37 30380. (a) Commencing July 1, 2014, no ammunition vendor
line 38 shall sell or otherwise transfer ownership of ammunition unless
line 39 the vendor is licensed pursuant to Section 30385.
line 40 (b) A violation of this section is a misdemeanor.
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SB 53— 15 — Attachment E
line 1 30385. (a) The Department of Justice is authorized to issue
line 2 ammunition vendor licenses pursuant to this article. The department
line 3 shall, commencing March 1, 2014, commence accepting
line 4 applications for ammunition vendor licenses. The department shall
line 5 issue a license or deny the application for a license within 30 days
line 6 of receipt of the application. If the application is denied, the
line 7 department shall inform the applicant of the reason for denial in
line 8 writing.
line 9 (b) The ammunition vendor license shall be issued in a form
line 10 prescribed by the Attorney General and shall be valid for a period
line 11 of one year. The Attorney General may adopt regulations to
line 12 administer application and enforcement provisions of this article.
line 13 30390. (a) The department may charge ammunition vendor
line 14 license applicants a fee sufficient to reimburse the department for
line 15 the reasonable costs of administering the license program,
line 16 maintaining the registry of ammunition vendors, and necessary
line 17 enforcement, provided however, that the fee shall not exceed fifty
line 18 dollars ($50).
line 19 (b) The fees received by the department pursuant to this article
line 20 shall be deposited in the Dealers’ Record of Sale Account of the
line 21 General Fund.
line 22 30395. (a) The department shall issue ammunition vendor
line 23 licenses pursuant to this article to the following applicants:
line 24 (1) A licensed firearms dealer.
line 25 (2) Persons on the centralized list maintained by the department
line 26 pursuant to Section 28450.
line 27 (3) A target facility holding a business or other regulatory
line 28 license.
line 29 (4) A gunsmith.
line 30 (5) A firearms wholesaler.
line 31 (6) A manufacturer or importer of firearms or ammunition
line 32 licensed pursuant to Chapter 44 (commencing with Section 921)
line 33 of Title 18 of the United States Code, and the regulations issued
line 34 pursuant thereto.
line 35 (b) The department shall keep a registry of all licensed
line 36 ammunition vendors. No ammunition vendor shall sell or transfer
line 37 ownership of ammunition unless listed on the registry.
line 38 (c) The department may remove an ammunition vendor from
line 39 the registry for a violation of this article or a violation of Article
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Attachment E
line 1 3 (commencing with Section 30345) for a period not to exceed six
line 2 months.
line 3 (d) The department shall revoke the license of any ammunition
line 4 vendor who violates this article or Article 3 (commencing with
line 5 Section 30345) in any combination three times. The ammunition
line 6 vendor shall thereafter be permanently ineligible for an ammunition
line 7 vendor license.
line 8 30400. (a) The Attorney General shall prepare and submit to
line 9 the Legislature on or before January 1, 2016, a report concerning
line 10 all of the following:
line 11 (1) Recommendations for a clear and succinct general procedure
line 12 whereby a system may be instituted for instantaneous background
line 13 checks that can be conducted for all persons attempting to purchase
line 14 ammunition.
line 15 (2) The feasibility of integration of that system into the current
line 16 firearm registration system.
line 17 (3) The feasibility and costs of creating that type of background
line 18 check system.
line 19 (4) The overall costs of creating and maintaining, and the costs
line 20 to individuals of using, that system.
line 21 (5) The effect of the system on overall efforts by the Department
line 22 of Justice in terms of information and computerized upgrades that
line 23 the department is currently undertaking.
line 24 (6) Recommendations for any specific statutory changes
line 25 necessary to implement the system, if any.
line 26 (b) The report required by subdivision (a) shall be submitted
line 27 pursuant to Section 9795 of the Government Code.
line 28 (c) It is the intent of the Legislature to provide the Department
line 29 of Justice with sufficient flexibility to develop an instantaneous
line 30 background check system. The Legislature recognizes that the
line 31 Department may develop an alternative system than the one
line 32 prescribed by this measure. If that is the case, the Legislature may
line 33 review that system and enact legislation accordingly.
line 34 SEC. 17. No reimbursement is required by this act pursuant to
line 35 Section 6 of Article XIIIB of the California Constitution because
line 36 the only costs that may be incurred by a local agency or school
line 37 district will be incurred because this act creates a new crime or
line 38 infraction, eliminates a crime or infraction, or changes the penalty
line 39 for a crime or infraction, within the meaning of Section 17556 of
line 40 the Government Code, or changes the definition of a crime within
97
SB 53— 17 — Attachment E
line 1 the meaning of Section 6 of Article XIIIB of the California
line 2 Constitution.
O
97
— 18 —SB 53
Attachment E
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 11, 2013
SENATE BILL No. 108
Introduced by Senator Yee
January 14, 2013
An act to amend Sections 16520, 16540, 16750, 16850, and 23510
of, to add Section 17060 to, and to add Chapter 4 (commencing with
Section 25235) to Division 4 of Title 4 of Part 6 of, the Penal Code,
relating to firearms.
legislative counsel’s digest
SB 108, as amended, Yee. Firearms: residential storage.
Existing law regulates the possession of firearms, including storage
requirements to prevent children from gaining access to firearms, and
other safety devices including gun safes. Existing law also regulates
the lending of firearms. Existing law defines the term “firearm” for
these and other regulatory purposes, and excludes from that definition,
“antique firearms” for various regulatory purposes.
This bill would provide that no person who is 18 years of age or older
and who is the owner, lessee, renter, or other legal occupant of a
residence, shall, while outside of that residence, keep in that residence
a firearm that he or she owns or has lawful possession of unless the
firearm is stored in one of certain specified ways, including in a gun
safe or by using a firearm safety device. Violation of these provisions
would be an offense punishable as an infraction, or for subsequent
violations, as an infraction or misdemeanor, as specified. The bill would
define the term “residence” and the term “outside of that residence”
for these purposes, would exclude antique firearms from these
provisions, would provide that each firearm constitutes a distinct and
97
Attachment F
separate offense under those provisions, and would make other
conforming changes.
By creating a new crime, this bill would impose a state-mandated
local program.
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.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 16520 of the Penal Code is amended to
line 2 read:
line 3 16520. (a) As used in this part, “firearm” means a device,
line 4 designed to be used as a weapon, from which is expelled through
line 5 a barrel, a projectile by the force of an explosion or other form of
line 6 combustion.
line 7 (b) As used in the following provisions, “firearm” includes the
line 8 frame or receiver of the weapon:
line 9 (1) Section 16550.
line 10 (2) Section 16730.
line 11 (3) Section 16960.
line 12 (4) Section 16990.
line 13 (5) Section 17070.
line 14 (6) Section 17310.
line 15 (7) Sections 26500 to 26588, inclusive.
line 16 (8) Sections 26600 to 27140, inclusive.
line 17 (9) Sections 27400 to 28000, inclusive.
line 18 (10) Section 28100.
line 19 (11) Sections 28400 to 28415, inclusive.
line 20 (12) Sections 29010 to 29150, inclusive.
line 21 (13) Sections 29610 to 29750, inclusive.
line 22 (14) Sections 29800 to 29905, inclusive.
line 23 (15) Sections 30150 to 30165, inclusive.
line 24 (16) Section 31615.
line 25 (17) Sections 31705 to 31830, inclusive.
line 26 (18) Sections 34355 to 34370, inclusive.
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Attachment F
line 1 (19) Sections 8100, 8101, and 8103 of the Welfare and
line 2 Institutions Code.
line 3 (c) As used in the following provisions, “firearm” also includes
line 4 a rocket, rocket propelled projectile launcher, or similar device
line 5 containing an explosive or incendiary material, whether or not the
line 6 device is designed for emergency or distress signaling purposes:
line 7 (1) Section 16750.
line 8 (2) Subdivision (b) of Section 16840.
line 9 (3) Section 25400.
line 10 (4) Sections 25850 to 26025, inclusive.
line 11 (5) Subdivisions (a), (b), and (c) of Section 26030.
line 12 (6) Sections 26035 to 26055, inclusive.
line 13 (d) As used in the following provisions, “firearm” does not
line 14 include an unloaded antique firearm:
line 15 (1) Subdivisions (a) and (c) of Section 16730.
line 16 (2) Section 16550.
line 17 (3) Section 16960.
line 18 (4) Section 17310.
line 19 (5) Chapter 6 (commencing with Section 26350) of Division 5
line 20 of Title 4.
line 21 (6) Chapter 7 (commencing with Section 26400) of Division 5
line 22 of Title 4.
line 23 (7) Sections 26500 to 26588, inclusive.
line 24 (8) Sections 26700 to 26915, inclusive.
line 25 (9) Section 27510.
line 26 (10) Section 27530.
line 27 (11) Section 27540.
line 28 (12) Section 27545.
line 29 (13) Sections 27555 to 27570, inclusive.
line 30 (14) Sections 29010 to 29150, inclusive.
line 31 (15) Section 25235.
line 32 (e) As used in Sections 34005 and 34010, “firearm” does not
line 33 include a destructive device.
line 34 (f) As used in Sections 17280 and 24680, “firearm” has the
line 35 same meaning as in Section 922 of Title 18 of the United States
line 36 Code.
line 37 (g) As used in Sections 29010 to 29150, inclusive, “firearm”
line 38 includes the unfinished frame or receiver of a weapon that can be
line 39 readily converted to the functional condition of a finished frame
line 40 or receiver.
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SB 108— 3 — Attachment F
line 1 SEC. 2. Section 16540 of the Penal Code is amended to read:
line 2 16540. As used in Division 2 (commencing with Section 23620)
line 3 of Title 4 and in Section 25235, “firearm safety device” means a
line 4 device other than a gun safe that locks and is designed to prevent
line 5 children and unauthorized users from firing a firearm. The device
line 6 may be installed on a firearm, be incorporated into the design of
line 7 the firearm, or prevent access to the firearm.
line 8 SEC. 3. Section 16750 of the Penal Code is amended to read:
line 9 16750. (a) As used in Section 25400, “lawful possession of
line 10 the firearm” means that the person who has possession or custody
line 11 of the firearm either lawfully owns the firearm or has the
line 12 permission of the lawful owner or a person who otherwise has
line 13 apparent authority to possess or have custody of the firearm. A
line 14 person who takes a firearm without the permission of the lawful
line 15 owner or without the permission of a person who has lawful
line 16 custody of the firearm does not have lawful possession of the
line 17 firearm.
line 18 (b) As used in Chapter 4 (commencing with Section 25235) of
line 19 Division 4 of Title 4, Article 2 (commencing with Section 25850),
line 20 Article 3 (commencing with Section 25900), and Article 4
line 21 (commencing with Section 26000) of Chapter 3 of Division 5 of
line 22 Title 4, Chapter 6 (commencing with Section 26350) of Division
line 23 5 of Title 4, and Chapter 7 (commencing with Section 26400) of
line 24 Division 5 of Title 4, “lawful possession of the firearm” means
line 25 that the person who has possession or custody of the firearm either
line 26 lawfully acquired and lawfully owns the firearm or has the
line 27 permission of the lawful owner or person who otherwise has
line 28 apparent authority to possess or have custody of the firearm. A
line 29 person who takes a firearm without the permission of the lawful
line 30 owner or without the permission of a person who has lawful
line 31 custody of the firearm does not have lawful possession of the
line 32 firearm.
line 33 SEC. 4. Section 16850 of the Penal Code is amended to read:
line 34 16850. As used in Sections 17740, 23925, 25105, 25205,
line 35 25235, and 25610, in Article 3 (commencing with Section 25505)
line 36 of Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing
line 37 with Section 26350) of Division 5 of Title 4, and in Chapter 7
line 38 (commencing with Section 26400) of Division 5 of Title 4, “locked
line 39 container” means a secure container that is fully enclosed and
line 40 locked by a padlock, keylock, combination lock, or similar locking
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Attachment F
line 1 device. The term “locked container” does not include the utility
line 2 or glove compartment of a motor vehicle.
line 3 SEC. 5. Section 17060 is added to the Penal Code, to read:
line 4 17060. As used in Section 25235, “residence” is the lawfully
line 5 possessed dwelling unit in any structure intended or used for human
line 6 habitation, including, but not limited to, houses, condominiums,
line 7 rooms, motels, hotels, time-shares, and recreational and other
line 8 vehicles where human habitation occurs. For purposes of Section
line 9 25235, “residence” extends to “outside of that residence” means
line 10 any distance beyond the property lines of the property where the
line 11 structure is located, except in the case of recreational and other
line 12 vehicles.
line 13 SEC. 6. Section 23510 of the Penal Code is amended to read:
line 14 23510. (a) For purposes of Sections 25400 and 26500, Sections
line 15 27500 to 27590, inclusive, Section 28100, Sections 29610 to
line 16 29750, inclusive, Sections 29800 to 29905, inclusive, and Section
line 17 31615 of this code, and any provision listed in subdivision (a) of
line 18 Section 16585 of this code, and Sections 8100, 8101, and 8103 of
line 19 the Welfare and Institutions Code, notwithstanding the fact that
line 20 the term “any firearm” may be used in those sections, each firearm
line 21 or the frame or receiver of each firearm constitutes a distinct and
line 22 separate offense under those sections.
line 23 (b) For purposes of Section 25235, notwithstanding the fact that
line 24 the term “any firearm” may be used in those sections, each firearm
line 25 constitutes a distinct and separate offense under that section.
line 26 SEC. 7. Chapter 4 (commencing with Section 25235) is added
line 27 to Division 4 of Title 4 of Part 6 of the Penal Code, to read:
line 28
line 29 Chapter 4. Storage of Firearms Within Residences
line 30
line 31 25235. (a) A person who is 18 years of age or older and who
line 32 is the owner, lessee, renter, or other legal occupant of a residence,
line 33 shall not, while outside of that residence, store in that residence a
line 34 firearm that he or she owns or has lawful possession of unless the
line 35 firearm is stored in one of the following ways:
line 36 (1) The firearm is within a locked container.
line 37 (2) The firearm is disabled by a firearm safety device.
line 38 (3) The firearm is within a locked gun safe.
line 39 (4) The firearm is within a locked trunk.
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SB 108— 5 — Attachment F
line 1 (5) The firearm is locked with a locking device as described in
line 2 Section 16860, which has rendered the firearm inoperable.
line 3 (b) A violation of this section is punishable as follows:
line 4 (1) A first violation involving a firearm that is not a handgun,
line 5 as an infraction, punishable by a fine not exceeding one hundred
line 6 dollars ($100).
line 7 (2) For a second violation involving any firearm or a first
line 8 violation involving a handgun, as an infraction, punishable by a
line 9 fine not exceeding one thousand dollars ($1,000).
line 10 (3) For a third or subsequent violation, as a misdemeanor.
line 11 (c) The provisions of this section are cumulative, and shall not
line 12 be construed as restricting the application of any other law.
line 13 However, an act or omission punishable in different ways by
line 14 different provisions of law shall not be punished under more than
line 15 one provision.
line 16 SEC. 8. No reimbursement is required by this act pursuant to
line 17 Section 6 of Article XIIIB of the California Constitution because
line 18 the only costs that may be incurred by a local agency or school
line 19 district will be incurred because this act creates a new crime or
line 20 infraction, eliminates a crime or infraction, or changes the penalty
line 21 for a crime or infraction, within the meaning of Section 17556 of
line 22 the Government Code, or changes the definition of a crime within
line 23 the meaning of Section 6 of Article XIIIB of the California
line 24 Constitution.
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Attachment F
SENATE BILL No. 374
Introduced by Senators Steinberg, Hancock, and Yee
February 20, 2013
An act to amend Sections 30515 and 30900 of, and to add Section
27566 to, the Penal Code, relating to firearms.
legislative counsel’s digest
SB 374, as introduced, Steinberg. Firearms: assault weapons.
Existing law regulates the sale, carrying, and control of firearms,
including assault weapons, and requires assault weapons to be registered
with the Department of Justice. Violation of these provisions is a crime.
Existing law defines a semiautomatic, centerfire rifle that has the
capacity to accept a detachable magazine and other specified features
and a semiautomatic weapon that has a fixed magazine with a capacity
to accept 10 or more rounds as an assault weapon.
This bill would, instead, classify a semiautomatic, rimfire or centerfire
rifle that does not have a fixed magazine with the capacity to accept 10
rounds or fewer as an assault weapon. The bill would require a person
who, between January 1, 2001, and prior to January 1, 2014, lawfully
possessed an assault weapon that does not have a fixed magazine,
including those weapons with an ammunition feeding device that can
be removed readily from the firearm with the use of a tool, to register
the firearm by July 1, 2014. By expanding the definition of a crime,
this bill would impose a state-mandated local program.
This bill would require, on and after July 1, 2014, a Firearm
Ownership Record to be submitted, as specified, to the Department of
Justice for every firearm an individual owns, with prescribed exceptions,
including firearms purchased from a licensed firearms dealer and
documented by a Dealers’ Record of Sale transaction and assault
weapons registered with the department. The bill would authorize the
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Attachment G
department to charge a fee of up to $19 per transaction for the
submission of the Firearm Ownership Record.
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.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 27566 is added to the Penal Code, to
line 2 read:
line 3 27566. (a) On and after July 1, 2014, a Firearm Ownership
line 4 Record shall be submitted by prepaid mail or delivered in person
line 5 to the Department of Justice for every firearm an individual owns
line 6 or possesses.
line 7 (b) The following firearms are exempt from subdivision (a):
line 8 (1) Handguns purchased from a licensed firearms dealer and
line 9 documented by a Dealers’ Record of Sale (DROS) transaction on
line 10 and after January 1, 1991.
line 11 (2) Rifles without detachable magazines and shotguns purchased
line 12 prior to January 1, 2014.
line 13 (3) Assault weapons registered with the department pursuant
line 14 to Section 30900.
line 15 (4) Firearms for which a Firearm Ownership Record has been
line 16 previously filed by the current owner.
line 17 (c) The department may charge a fee in an amount sufficient to
line 18 reimburse the department for the reasonable costs of maintaining
line 19 the Firearm Ownership Record program, but in no case more than
line 20 nineteen dollars ($19) per transaction to process the Firearm
line 21 Ownership Record. After the department establishes the fee
line 22 amount, the department may adjust the fee amount annually as
line 23 necessary to cover the reasonable costs of administering the
line 24 program. The fees shall be deposited into the Dealers’ Record of
line 25 Sale Special Account.
line 26 SEC. 2. Section 30515 of the Penal Code is amended to read:
line 27 30515. (a) Notwithstanding Section 30510, “assault weapon”
line 28 also means any of the following:
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Attachment G
line 1 (1) A semiautomatic, centerfire rifle that has the capacity to
line 2 accept a detachable magazine and any one of the following:
line 3 (A) A pistol grip that protrudes conspicuously beneath the action
line 4 of the weapon.
line 5 (B) A thumbhole stock.
line 6 (C) A folding or telescoping stock.
line 7 (D) A grenade launcher or flare launcher.
line 8 (E) A flash suppressor.
line 9 (F) A forward pistol grip.
line 10 (2) A semiautomatic, centerfire rifle that has a fixed magazine
line 11 with the capacity to accept more than 10 rounds.
line 12 (1) A semiautomatic, rimfire or centerfire rifle that does not
line 13 have a fixed magazine with the capacity to accept 10 rounds or
line 14 fewer.
line 15 (3)
line 16 (2) A semiautomatic, centerfire rifle that has an overall length
line 17 of less than 30 inches.
line 18 (4)
line 19 (3) A semiautomatic pistol that has the capacity to accept a
line 20 detachable magazine and any one of the following:
line 21 (A) A threaded barrel, capable of accepting a flash suppressor,
line 22 forward handgrip, or silencer.
line 23 (B) A second handgrip.
line 24 (C) A shroud that is attached to, or partially or completely
line 25 encircles, the barrel that allows the bearer to fire the weapon
line 26 without burning the bearer’s hand, except a slide that encloses the
line 27 barrel.
line 28 (D) The capacity to accept a detachable magazine at some
line 29 location outside of the pistol grip.
line 30 (5)
line 31 (4) A semiautomatic pistol with a fixed magazine that has the
line 32 capacity to accept more than 10 rounds.
line 33 (6)
line 34 (5) A semiautomatic shotgun that has both of the following:
line 35 (A) A folding or telescoping stock.
line 36 (B) A pistol grip that protrudes conspicuously beneath the action
line 37 of the weapon, thumbhole stock, or vertical handgrip.
line 38 (7)
line 39 (6) A semiautomatic shotgun that has the ability to accept a
line 40 detachable magazine.
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SB 374— 3 — Attachment G
line 1 (8)
line 2 (7) Any shotgun with a revolving cylinder.
line 3 (b) The Legislature finds a significant public purpose in
line 4 exempting from the definition of “assault weapon” pistols that are
line 5 designed expressly for use in Olympic target shooting events.
line 6 Therefore, those pistols that are sanctioned by the International
line 7 Olympic Committee and by USA Shooting, the national governing
line 8 body for international shooting competition in the United States,
line 9 and that were used for Olympic target shooting purposes as of
line 10 January 1, 2001, and that would otherwise fall within the definition
line 11 of “assault weapon” pursuant to this section are exempt, as
line 12 provided in subdivision (c).
line 13 (c) “Assault weapon” does not include either of the following:
line 14 (1) Any antique firearm.
line 15 (2) Any of the following pistols, because they are consistent
line 16 with the significant public purpose expressed in subdivision (b):
line 17
line 18 CALIBERMODELMANUFACTURER
line 19
line 20 .22LRMP90BENELLI
line 21 .32 S&W LONGMP90BENELLI
line 22 .22LRMP95BENELLI
line 23 .32 S&W LONGMP95BENELLI
line 24 .22LR280HAMMERLI
line 25 .32 S&W LONG280HAMMERLI
line 26 .22LRSP20HAMMERLI
line 27 .32 S&W LONGSP20HAMMERLI
line 28 .22 SHORTGPOPARDINI
line 29 .22 SHORTGP-SCHUMANNPARDINI
line 30 .32 S&W LONGHPPARDINI
line 31 .32 S&W LONGMPPARDINI
line 32 .22LRSPPARDINI
line 33 .22LRSPEPARDINI
line 34 .22LRGSPWALTHER
line 35 .32 S&W LONGGSPWALTHER
line 36 .22 SHORTOSPWALTHER
line 37 .22 SHORTOSP-2000WALTHER
line 38
line 39 (3) The Department of Justice shall create a program that is
line 40 consistent with the purposes stated in subdivision (b) to exempt
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Attachment G
line 1 new models of competitive pistols that would otherwise fall within
line 2 the definition of “assault weapon” pursuant to this section from
line 3 being classified as an assault weapon. The exempt competitive
line 4 pistols may be based on recommendations by USA Shooting
line 5 consistent with the regulations contained in the USA Shooting
line 6 Official Rules or may be based on the recommendation or rules
line 7 of any other organization that the department deems relevant.
line 8 (d) For purposes of this section, the following definitions shall
line 9 apply:
line 10 (1) “Detachable magazine” means an ammunition feeding
line 11 device that can be removed readily from the firearm without
line 12 disassembly of the firearm action.
line 13 (2) “Fixed magazine” means an ammunition feeding device
line 14 contained in, or permanently attached to, a firearm in such a
line 15 manner that the device cannot be removed without disassembly of
line 16 the firearm action.
line 17 SEC. 3. Section 30900 of the Penal Code is amended to read:
line 18 30900. (a) Any A person who, prior to June 1, 1989, lawfully
line 19 possessed an assault weapon, as defined in former Section 12276,
line 20 as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
line 21 register the firearm by January 1, 1991, and any person who
line 22 lawfully possessed an assault weapon prior to the date it was
line 23 specified as an assault weapon pursuant to former Section 12276.5,
line 24 as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
line 25 amended by Section 1 of Chapter 874 of the Statutes of 1990 or
line 26 Section 3 of Chapter 954 of the Statutes of 1991, shall register the
line 27 firearm within 90 days with the Department of Justice pursuant to
line 28 those procedures that the department may establish.
line 29 (b) Except as provided in Section 30600, any person who
line 30 lawfully possessed an assault weapon prior to the date it was
line 31 defined as an assault weapon pursuant to former Section 12276.1,
line 32 as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
line 33 which was not specified as an assault weapon under former Section
line 34 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989
line 35 or as amended at any time before January 1, 2001, or former
line 36 Section 12276.5, as added by Section 3 of Chapter 19 of the
line 37 Statutes of 1989 or as amended at any time before January 1, 2001,
line 38 shall register the firearm by January 1, 2001, with the department
line 39 pursuant to those procedures that the department may establish.
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SB 374— 5 — Attachment G
line 1 (c) A person who, between January 1, 2001, and prior to
line 2 January 1, 2014, lawfully possessed an assault weapon that does
line 3 not have a fixed magazine, as defined in Section 30515 and
line 4 including those weapons with an ammunition feeding device that
line 5 can be removed readily from the firearm with the use of a tool,
line 6 shall register the firearm by July 1, 2014, with the department
line 7 pursuant to procedures determined by the department.
line 8 (c)
line 9 (d) The registration shall contain a description of the firearm
line 10 that identifies it uniquely, including all identification marks, the
line 11 full name, address, date of birth, and thumbprint of the owner, and
line 12 any other information that the department may deem appropriate.
line 13 (d)
line 14 (e) The department may charge a fee for registration of up to
line 15 twenty dollars ($20) per person but not to exceed the actual
line 16 processing costs of the department. After the department establishes
line 17 fees sufficient to reimburse the department for processing costs,
line 18 fees charged shall increase at a rate not to exceed the legislatively
line 19 approved annual cost-of-living adjustment for the department’s
line 20 budget or as otherwise increased through the Budget Act
line 21 department’s actual precessing costs. The fees shall be deposited
line 22 into the Dealers’ Record of Sale Special Account.
line 23 SEC. 4. No reimbursement is required by this act pursuant to
line 24 Section 6 of Article XIIIB of the California Constitution because
line 25 the only costs that may be incurred by a local agency or school
line 26 district will be incurred because this act creates a new crime or
line 27 infraction, eliminates a crime or infraction, or changes the penalty
line 28 for a crime or infraction, within the meaning of Section 17556 of
line 29 the Government Code, or changes the definition of a crime within
line 30 the meaning of Section 6 of Article XIIIB of the California
line 31 Constitution.
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Attachment G