Loading...
HomeMy WebLinkAboutMINUTES - 05161995 - 2.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on MAY 16, 1995, by the following vote: AYES: SUPERVISORS ROGERS, SMITH, DESAULNIER, TORLAKSON and BISHOP NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------------- --------------------------------------------------------------------------- SUBJECT: County Administrator's report regarding proposed positions on firearm legislation. At the conclusion of the discussion on the County Administrator's report, IT IS BY THE BOARD ORDERED that the positions as set forth in the report are APPROVED. IT IS FURTHER ORDERED that the following firearm legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's positions: Bill No. and Author County's Position AB 132 (Battin) OPPOSE AB 576 (Villaraigosa) SUPPORT AB 577 (Villaraigosa) SUPPORT AB 629 (Caldera) SUPPORT AB 630 (Villaraigosa) SUPPORT AB 631 (Davis) SUPPORT AB 632 (Katz) SUPPORT AB 633 (Lee) SUPPORT AB 634 (Caldera) SUPPORT AB 638 (Knight) OPPOSE SB 43 (Johnston) SUPPORT SB 318 (Solis) SUPPORT SB 357 (Polanco) SUPPORT SB 985 (Campbell) SUPPORT SB 1124 (Watson) SUPPORT IT IS FURTHER ORDERED that the County Administrator draft a letter of appreciation, for signature by the Chair, to former President Bush for his withdrawal from the National Rifle Association (NRA) due to the NRA's recent derogatory comments about United States Federal Officers. cc: County Administrator Ihereby certify that this Isahue and correct copyot City County Relations Committee an action taken and entered on the minutes of the Board of Supervisors on the da show . ATTESTED Pill TC:EL Clark o he card rs Ad strator y vs ASSEMBLY SELECT COMMITTEE ON GUN VIOLENCE LEGISLATIVE PACKAGE (Caldera package): AB 629 (Caldera) SUPPORT Requires handguns sold in the state to meet minimum size and safety standards. AB 629 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or In 1996. The bill was scheduled for a second hearing on April 18, 1995, but the hearing was cancelled at the request of the author. AB 630 (Villaraigosa) SUPPORT Requires handgun owners to secure their handguns while not at home, and to report lost or stolen firearms to local law enforcement. AB 630 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996. The bill was scheduled for a second hearing on April 18, 1995, but the hearing was cancelled at the request of the author. AB 631 (Davis) SUPPORT Creates a misdemeanor for any parent who negligently stores a firearm allowing a child to gain access to the weapon and carry it in public. AB 631 passed the Assembly Public Safety Committee on March 28, 1995 by a vote of 5:3 but failed passage in the Assembly Appropriations Committee on April 19, 1995. AB 632 (Katz) SUPPORT Authorizes District Attorneys to prosecute the act of illegally carrying a concealed firearm as a felony offense under specified circumstances. AB 632 passed the Assembly Public Safety Committee on April 4, 1995 by a vote of 7:0. The bill is currently on referral to the Assembly Appropriations Committee. AB 633 (Lee) SUPPORT Allows law enforcement agencies 30 days, rather than 10 days, to initiate proceedings to determine whether a person held for an examination of his or her mental condition should have a weapon returned when the person is released. AB 633 failed passage in the Assembly Public Safety Committee on April 4, 1995. The bill was amended and, as amended, passed the Public Safety Committee on April 18, 1995. The bill was referred to the Assembly Appropriations Committee. r Following the April 25, 1995 amendments, the bill was withdrawn from the Assembly Appropriations Committee and was ordered placed on the Second Reading File. The bill passed the Assembly May 4, 1995 by a vote of 62:4. The bill is now on referral to the Senate Committee on Criminal Procedure, which is scheduled to hear the bill on June 6, 1995. AB 634 (Caldera) SUPPORT Allow local governments to enact firearm ordinances tailored to the needs of their communities. AB 634 failed passage in the Assembly Public Safety Committee on May 9, 1995. However, reconsideration was granted so the bill could be heard again at any time in 1995 or 1996. HANDGUN CONTROL, INC. AND THE LEGAL COMMUNITY AGAINST VIOLENCE ALSO RECOMMEND SUPPORTING ALL OF THESE EXCEPT AB 633, ON WHICH THEY APPARENTLY HAVE NO POSITION. WE UNDERSTAND THAT THE NATIONAL RIFLE ASSOCIATION OPPOSES ALL OF THESE BILLS. IN ADDITION, HANDGUN CONTROL, INC. AND THE LEGAL COMMUNITY AGAINST VIOLENCE RECOMMEND SUPPORTING: SB 43 (Johnston) SUPPORT Allows city officials to issue permits for concealed weapons only to residents of his or her immediate jurisdiction. SB 43 passed the Senate Committee on Criminal Procedure on March 8, 1995 by a vote of 4:0. The bill passed the full Senate on April 6, 1995 by a vote of 21:11. The bill is presently pending a hearing in the Assembly Public Safety Committee. SB 985 (Campbell) SUPPORT Repeals a provision that allows pawn shops to sell guns without requiring background checks or waiting periods of their gun customers. SB 985 passed the Senate Committee on Criminal Procedure on April 4, 1995 by a vote of 4:1. The bill failed passage in the Senate Appropriations Committee on April 24, 1995 by a vote of 1:8. However, reconsideration was granted so the bill could be heard again at any time in 1995 or 1996. WE UNDERSTAND THAT THE NATIONAL RIFLE ASSOCIATION OPPOSES BOTH OF THESE BILLS. 2 IN ADDITION, HANDGUN CONTROL, INC. AND THE LEGAL COMMUNITY AGAINST VIOLENCE RECOMMENDS OPPOSING: AB 132 (Battin) OPPOSE Removes three "rare and expensive" assault rifles from the list of state- banned weapons. AB 132 passed the Assembly Public Safety Committee on March 21, 1995 by a vote of 5:3 and was referred to the Assembly Appropriations .Committee. It was withdrawn from the Assembly Appropriations Committee after it was amended on April 17, 1995 and was ordered placed on the Second Reading File on the Assembly Floor. The bill was placed on the Inactive File by the author on April 27, 1995, where it remains at this time. AB 638 (Knight) OPPOSE Requires local law enforcement to issue concealed weapons permits to anyone qualified to own a gun who demonstrates competence with a firearm and has taken specified training courses. AB 638 failed passage in the Assembly Public Safety Committee on April 18, 1995, but was granted reconsideration and thus could be heard again at any time in 1995 or 1996. IN ADDITION, BASED ON THE DISCUSSION ON MAY 2, 1995, STAFF HAS IDENTIFIED THE FOLLOWING BILLS ON WHICH THE BOARD OF SUPERVISORS MAY WISH TO CONSIDER TAKING A POSITION: AB 576 (Villaraigosa) SUPPORT Prohibits the manufacture of pistols in the state that do not have a "loaded chamber indicator" and makes a violator civilly liable for any damage done by a pistol not so equipped. AB 576 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996. AB 577 (Villaraigosa) SUPPORT Requires that all firearms dealers in the state offer a trigger lock with the sale of each firearm. AB 577 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996. 3 SB 318 (Solis) SUPPORT Increases punishment for theft of a firearm, receipt of a stolen firearm and prohibits the court to strike certain additional punishments related to the commission of a felony with a firearm. SB 318 is on referral to the Senate Committee on Criminal Procedure where it is awaiting a hearing. SB 357 (Polanco) SUPPORT Imposes restrictions on the sale or transfer of ammunition and increases the punishment for selling or furnishing a firearm to a minor. SB 357 passed the Senate Committee on Criminal Procedure on May 2, 1995 with amendments and is now on referral to the Senate Appropriations Committee. SB 985 (Campbell) SUPPORT Repeals a provision that allows pawn shops to sell guns without requiring background checks or waiting periods of their gun customers. SB 985 passed the Senate Committee on Criminal Procedure on April 4, 1995 by a vote of 4:1. The bill failed passage in the Senate Appropriations Committee on April 24, 1995 by a vote of 1:8. However, reconsideration was granted so the bill could be heard again at any time in 1995 or 1996. SB 1124 (Watson) SUPPORT Imposes a tax on the gross receipts of firearms dealers, with the proceeds dedicated to law enforcement. SB 1124 is scheduled to be heard in the Senate Revenue & Taxation Committee on May 17, 1995. 4 To: BOARD OF SUPERVISORS 5 ` Contra FGM Phil Batchelor, County Administrator �r ��►` Costa c `< �A;.�_,.: ..... .`Q County y .o DATE: May 9, 1995 LEGISLATION: AB 132 (Battin) - REMOVES SEVERAL "RARE AND SUBJECT: EXPENSIVE" ASSAULT RIFLES FROM THE LIST OF STATE-BANNED WEAPONS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in OPPOSITION to AB 132 by Assemblyman Jim Battin which, as originally introduced, would remove several "rare and expensive" rifles from the list of State-banned assault weapons, if it is again amended to reduce the number or type of assault weapons which are banned in California. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. AB 132 has been recommended for opposition by the Prevention staff in the Health Services Department. As introduced, it would have removed from the ban on the certain assault weapons several rifles which -are apparently understood to be rare and expensive and therefore, should not be subject to the ban. These are the HK-PSG- 1, SC 550 and SC 551, and the M78S . In addition, the bill would revise the restriction on "SKS with detachable magazine" to read "SKS that was originally manufactured to accept AK series magazines" . AB 132 was amended on April 17, 1995, to restore each of these rifles to the list of restricted weapons . The change in the definition of the SKS rifle remains in this version of the bill . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): Zf&,6z �eel�v ACTION OF BOARD ON Ma)( 1 6, 1999 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE -X UNANIMOUS(ABSENT --------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: See Page 2 SUPE AND COUNTY ADMINISTR R BY DEPUTY _2_ While it appears that much of the negative impact of the bill has been reversed, it appears that it would be appropriate for the Board of Supervisors to indicate its opposition to the bill if it is again amended to remove any rifles or pistols from the ban. AB 132 passed the Assembly Public Safety Committee on March 21, 1995 by a vote of 5:3 and was referred to the Assembly Appropriations Committee. It was withdrawn from the Assembly Appropriations Committee after it was amended on April 17, 1995 and was ordered placed on the Second Reading File on the Assembly Floor. The bill was placed on the Inactive File by the author on April 27, 1995, where it remains at this time. cc: County Administrator Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn i AMENDED IN ASSEMBLY APRIL 17, 1995 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 132 Introduced by Assembly Member Battin January 12, 1995 i An act to amend Section 12276 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 132, as amended, Battin. Firearms: assault weapons. Existing law sets forth prohibitions and restrictions with regard to assault weapons, which are defined to include certain designated semiautomatic firearms. A Violation of these prohibitions and restrictions is a felony. This bill would mem revise the definition of an SKS firearm that is included in the list of designated firearms ► defined as assault weapons. Beeause this h4 weuld expand the seepe of aan egg erre; It WeWd e statehnandat leeeJ preg The the state to reimburrae leeal and sehoel diets for Bests mandated by the state: SteAtAery fts establish pr-oeedures feT- g that reiwburseffiefit. ti would pie th&t fte reftnbursement is required by �s aet feTed. reaseft. Vote: majority. Appropriation: no. Fiscal committee: yesno. State-mandated local program: yes no. t 98 AB 132 — 2 — The 2 — The people of the State of California do enact as follows. 1 SECTION 1. Section 12276 of the Penal Code is 2 amended to read: 3 12276. As used in this chapter, "assault weapon" shall 4 mean the following designated semiautomatic firearms: 5 (a) All of the following specified rifles: 6 (1) All AK series including, but not limited to, the 7 models identified as follows: 8 (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 9 56S, 84S, and 86S. 10 (B) Norinco 56, 56S, 84S, and 86S. 11 (C) Poly Technologies AKS and AK47. 12 (D) MAADI AK47 and ARM. 13 (2) UZI and Galil. 14 (3) Beretta AR-70. 15 (4) CETME Sporter. 16 (5) Colt AR-15 series. 17 (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 18 110C. 19 (7) Fabrique Nationale FAL, LAR, FNC,_ 308.Match, 20 and Sporter. 21 (8) MAS 223. 22 (9) HK-91, HK-93, aPA X94 HK-94, and HK-PSG-1. 23 (10) The following MAC types: 24 (A) RPB Industries Inc. sM10 and sM11. 25 (B) SWD Incorporated M11. 26 (11) SKS that was originally manufactured to accept ' 27 AK series magazines. 28 (12) SIG AMT, aad PE/57 PE-57, SG 550, and SG 551. 29 (13) Springfield Armory BM59 and SAR-48. 30 (14) Sterling MK-6. 31 (15) Steyer AUG. 32 (16) Valmet M62S, and N4719 M71S, and M78S. 33 (17) Armalite AR-180. 34 (18) Bushmaster Assault Rifle. 35 (19) Calico M-900. 36 (20) J&R ENG M-68. 37 (21) Weaver Arms Nighthawk. 38 (b) All of the following specified pistols: 98 - 3 — AB 132 ,WS. 1 (1) UZI. 2 (2) Encom MP-9 and MP-45. e is 3 (3) The following MAC types: 4 (A) RPB Industries Inc. sM10 and sMll. ;hall 5 (B) SWD Incorporated M-11. Ms: 6 (C) Advance Armament Inc. M-11. 7 (D) Military Armament Corp. Ingram M-11. the 8 (4) Intratec TEC-9. 9 (5) Sites Spectre. 56, 10 (6) Sterling MK-7. - 11 (7) Calico M-950. 12 (8) Bushmaster Pistol. 13 (c) All of the following specified shotguns: 14 (1) Franchi SPAS 12 and LAW 12. 15 (2) Striker 12. 16 (3) The Streetsweeper type S/S Inc. SS/12. 17 (d) Any firearm declared by the court pursuant to 18 Section 12276.5 to be an assault weapon that is specified AR ;t;? 19 as an assault weapon in a list promulgated pursuant to 20 Section 12276.5. tch, 21 (e) The term "series" includes all other models that 22 are only variations, with minor differences, of those 23 models listed in subdivision (a), regardless of the 1. 24 manufacturer. 25 (f) This section is declaratory of existing law, as 26 amended, and a clarification of the law and the 27 Legislature's intent which bans the weapons enumerated ept 28 in this section, the weapons included in the list 29 promulgated by the Attorney General pursuant to 551. 30 Section 12276.5, and any other models which are only 31 variations of those weapons with minor differences, 32 regardless of the manufacturer. The Legislature has 33 defined assault weapons as the types, series, and models 34 listed in this section because it was the most effective way 35 to identify and restrict a specific class of semiautomatic 36 weapons. 37 SEC. 2r Ne exient is reqs by this aet 38 to Seems 6 of Artiele X414 R of the Getlifertli 39 beeattse the ei-Ay Bests that ffifty be ed 40 b-y a leeal ageney e - seheel distr-iet w44 be -ed 98 98 AB 132 — 4 — I - 4 -1 beeemse this ae+ ewes ft ftew eritne or , 2 ae�iee , e � the � 3 fer aer-ifneor , within the of Seetian 4 17556 e€tke r-r.._,,..w_.._... ent fie;ew ehaftges the defiftition 5 of a ewe withift the of. Seetien 6 of fele 6 X414-Be€the . 7 geet4eft SSA of the G e_,....n_,, e t 8 Code-mess ether-wise ther-w speeifiie—d;the ts of this aet 9 shaR beeeifte . eft the sae3e date th4 the 10 takes effeet purstraftt. to the i O 98 To: BOARD OF SUPERVISORS 5 L Contra Phil Batchelor, County Administrator Costa FROM: i< �A1.4-_...�... .40� County y May 9 , 1995 DATE: coud SUBJECT: LEGISLATION: AB 576 (Villaraigosa) - PROHIBITS THE MANUFACTURE OF PISTOLS IN THE STATE THAT DO NOT HAVE A "LOADED CHAMBER INDICATOR" SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 576 by Assemblyman Antonio Villaraigosa which would prohibit the manufacture of pistols in the State that do not have a "loaded chamber indicator" and makes a violator civilly liable for any damage done by a pistol not so equipped. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law regulates the manufacture, sale and possession of various firearms . Assemblyman Villaraigosa has introduced AB 576 which, as introduced, would do all of the following: ❑ Prohibit the manufacture in California any semiautomatic pistol that does not have a "loaded chamber indicator" . ❑ Require that anyone who manufactures a semiautomatic pistol in California certify that the semiautomatic pistol has a loaded chamber indicator. CONTINUED ON ATTACHMENT: YES SIGNATURE:/Y=/, j--.I/,/,Y",�,"kl,-Z— RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : L%/?���i�'! ACTION OF BOARD ON May 16T3-995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE -X UNANIMOUS(ABSENT ---------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL B CHELOR,CLERK OF THE BOARD OF cc: See Page 2 PE ORS AND COUNTY ADMINISTRATOR B EPUTY • -2- ❑ Make liable for all damages caused by the illegally manufactured or certified semiautomatic pistol any person who violates this requirement. ❑ Provide for additional liability of $2 ,500 in damages per violation of this requirement. ❑ Authorize civil actions to recover the damages authorized by this section for any person (or the heirs of any person killed by a semiautomatic pistol manufactured or certified in violation of this section) injured by a semiautomatic pistol manufactured or certified in violation of this section. ❑ Prohibit licensed firearm dealers from selling, leasing or transferring an uncertified semiautomatic pistol manufactured on or after January 1, 1996 which violates this section. AB 576 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996 . cc: County Administrator Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn AB 576 — 2 — The 2 —The people of the State of California do enact as follows. 1 SECTION 1. Title. 17 (commencing with Section 2 3270) is added to Part 4 of Division 3 of the Civil Code, to 3 read: 4 5 TITLE 17. MANUFACTURE OF SEMIAUTOMATIC 6 PISTOLS . 7 8 3270. "Semiautomatic pistol," as used in this title, 9 means a pistol, as defined in subdivision (a) of Section 10 12001 of the Penal Code, the operating mode of which 11 uses the energy of the explosive in a fixed cartridge to 12 extract a fired cartridge and chamber a fresh cartridge 13 with each single pull of the trigger. 14 3271. (a) No person shall manufacture, or cause to be 15 manufactured, within this state, any semiautomatic pistol 16 that does not have a loaded chamber indicator. 17 (b) Any person who manufactures, or causes to be 18 manufactured, within this state, any semiautomatic pistol 19 shall certify, in writing, that the semiautomatic pistol has 20 a loaded chamber indicator. 21 (c) Notwithstanding the provisions of Section 1714.4, 22 any person who violates this section shall be liable for all 23 damage caused by the illegally manufactured or certified 24 semiautomatic pistol. 25 (d) In addition to the liability imposed by subdivision 26 (c) , any person who violates this section shall be liable for 27 damages in the amount of two thousand five. hundred 28 dollars ($2,500) per violation. ` 29 (e) Any person, including, but not limited to, any 30 person injured by a semiautomatic pistol manufactured 31 or certified in violation of this section, or the heir or heirs 32 of any person killed by a semiautomatic pistol 33 manufactured or certified in violation of this section, may 34 bring a civil action for the damages authorized by this 35 section. 36 3272. (a) No person required to be licensed pursuant 37 to Section 12070 of the Penal Code shall sell, lease, or 38 transfer any semiautomatic pistol manufactured on or 99 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 576 Introduced by Assembly Member Villaraigosa February 17, 1995 An act to add Title 17 (commencing with Section 3270) to Part 4 of Division 3 of the Civil Code, relating to product liability. LEGISLATIVE COUNSEL'S DIGEST AB 576, as introduced, Villaraigosa. Product liability. Existing law regulates the manufacture, sale, and possession of various firearms. This bill would prohibit the manufacture, within this state, of any semiautomatic pistol without a loaded chamber indicator. The bill would also require any person who manufactures a semiautomatic pistol in this state to certify that it meets this requirement and would prohibit licensed firearms dealers from selling, leasing, or transferring an uncertified semiautomatic pistol manufactured on or after January 1, 1996, which violates the above prohibition or which he or she knows, or should know, violates that prohibition notwithstanding the fact that it is accompanied by a certificate. The bill would also make any person who violates any of these requirements liable, as specified, for all damage caused by the semiautomatic pistol in question, as well as liable in an unspecified fashion in the amount of $2,500 per violation.' Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 99 t. — 3 — AB 576 ws: 1 after January 1, 1996, that meets either of the following 2 criteria: tion 3 (1) It requires, but is not accompanied by, the written 11 to 4 certification required by subdivision (b) of Section 3270. 5 (2) The person knows, or should know, it does not 6 meet the requirements of subdivision (a) of Section 3270, 'Ic 7 notwithstanding that the semiautomatic pistol is 8 accompanied by a written certification. 9 (b) Any person who violates this section shall be liable itle, 10 for all damage caused by the illegally sold, leased, or :ion 11 transferred semiautomatic pistol. rich 12 (c) In addition to the liability imposed by subdivision to 13 (b) , any person who violates this section shall be liable for dge 14 damages in the amount of two thousand five hundred 15 dollars ($2,500) per violation. be 16 (d) Any person, including, but not limited to, any .stol 17 person injured by a semiautomatic pistol sold, leased, or 18 transferred in violation of this section, or the heir or heirs be 19 of any person killed by a semiautomatic pistol sold,leased, stol 20 or transferred in violation of this section, may bring a civil has 21 action for the damages authorized by this section. 22 3272. The written certification required by this title 4.4, 23 shall be in substantially the following format: all 24 :led 25 `I AM 26 (state position in manufacturing enterprise) >ion 27 for 28 I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, AND .red 29 UPON PERSONAL KNOWLEDGE, THAT THE 30 ACCOMPANYING any 31 red 32 (state make, model, etc., of semiautomatic pistol) eirs 33 stol 34 FULLY MEETS THE REQUIREMENTS OF SECTION 3270 OF nay 35 THE CIVIL CODE. this 36 cant , or i or 99 99 AB 576 - 4 - I 4 ---I MAKE THIS CERTIFICATION WITH FULL KNOWLEDGE 2 OF THE LIABILITY IMPOSED BY CALIFORNIA LAW IF 3 THIS CERTIFICATION IS INACCURATE FOR ANY REASON. 4 5 , 6 (Date). (Signature) 7 O 99 a ( TO: BOARD OF SUPERVISORS 5 Contra -, Phil Batchelor, County Administrator Costa FROM: }< ` o �A. -:•_ �... .`o� May 9 , 1995 � _,..•�* County DATE: r�'coLN�i SUBJECT: LEGISLATION: AB 577 (Villaraigosa) - REQUIRES THAT ALL FIREARMS DEALERS IN THE STATE OFFER A TRIGGER LOCK WITH THE SALE OF EACH FIREARM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 577 by Assemblyman Antonio Villaraigosa which would require that all firearms dealers in the State offer a trigger lock with the sale of each firearm. BACKGROUND: On May 2 , 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law specifies prohibitions and requirements with regard to the circumstances under which a person licensed to sell firearms may sell or transfer a firearm. Assemblyman Villaraigosa has introduced AB 577 which, as introduced, would. require that, effective July 1, 1996, any firearms dealer offer to sell a purchaser or transferee of a firearm, or person being loaned a firearm, a trigger lock or similar device. The trigger lock or similar device would have to be approved by the Attorney General and would have to be designed to prevent the unintentional discharge of the firearm. AB 577 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S /41 ACTION OF BOARD ON �Qa31L16 �,q 4 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X_UNANIMOUS(ABSENT --------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERVISOR D COUNTY ADMINISTRATOR Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & SkvTY CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY.BILL No. 577 v' Introduced by Assembly Member Villaraigosa February 17; 1995 An act to amend Sections12071 and 12072 of the Penal Code, relating'to firearms LEGISLATIVE COUNSEL'S DIGEST AB 577, as introduced, Villaraigosa., ' Firearms: trigger locks. Existing law' specifies prohibitions and requirements with -regard to the circumstances under which a person licensed to S611 firearms may sell or transfer a firearm. This bill would require.a person licensed to sell firearms to offer to'sell-.witheach firearm'a trigger lock or similar device , approved,by the Attorney General that is designed to prevent theuniritentional discharge of the firearm: A violation of this provision would.be a .misdemeanor: Because this bill would .: create a:new criri�e, it would impose estate-mandated local - m.; progra The California Constitution requires the.statelo reimburse local..agencies and- school districts for certain costs mandated by the ;state. Statutory, provisions establish procedures for making that reimbursement: This bill would providethat that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no-. Fiscal committee: yes. -' State-mandated local program: yes. 99 AB 577 The people of the State of California do enact as follows: 1 SECTION 1. Section 12071 of the Penal Code is 2 amended to,read: 3 12071. . (a) (1) As 'used in this chapter, the . term 4 "licensee," "person licensed pursuant to Section 12071," 5 or "dealer",means .a person who (A) has.a valid federal 6 firearms license, (B). ;has any. regulatory or business 7. license, or licenses, required by. local ,government, (C) 8 has &,valid seller°s .permit.issued by the. State Board of 9' Equalization; -(D) has. a certificate of eligibility issued:by 10 ..the Department of 'ustice,. ursuarit to ars ra h:. 4 (E) p J p P g P ( )� 11 'has a license issued in the-format prescribed by:paragraph chose:recorded'.1m the 6eritralized 13 list specified in subdivision (:e) 14 (2)'. The duly constituted licensing auth`or�ty of a city, 15 county, or:a city and county shall:accept applications:for; 16 and :may . grant licenses...,permitting, licensees ,to sell 17 firearms at; retail within.- the. city,.county, on city., and 18 -county`: The duly constituted .-licensing authority "shall ; 19 inform applicants who are, deniedd licenses of.,the.reasons 20 for the..denial in;writing. 11 , (3) No license shall be granted to-.`any applicant who 22 fails to provide a copy of.,his or.-her valid federal-firearms 23 ';Jicense, valid sellers permit:issued by',the State Board of 24, Equalization; and:the certificate of eligibility described in 25:. .:'paragraph (41) . .- 26 :(4) ' A. person may request a .6Aificate of eligibility ` 21 from ,the Department:,of Justice and the,Department':of .28 Justice shall issue a,�certificate :10an applicant if. the 29 departrrienfs`records.,indicate:.that'.the applicant is not a 30 person who is prohibited fr.om possessing:firearms 31 (5) The department shall adopt =regulations to, l ^a 32 administer the certificate of eligibility program and shall t` 33 recover .the full costs of administering :the program.by 34 imposing fees assessed to applicants who apply for those' 35 certificates. 36 (6) A license granted.by the duly constituted licensing 37 authority of any city, county, or city and county, shall be 99 - 3 — AB 577 `` J V 1 valid for not, than one year from the date of issuance ows• y 2 and shall be in one of the following forms:. le is 3 (A) In the form prescribed by the Attorney General, . 4 (B) A regulatory or business license that :states on its term 5 -face "Valid for Retail Sales of Firearms" and is endorsed 071," .6 by the signature of the issuing authority. 3era1 . `.,` 7 (C) A letter from the duly constituted licensing iness 8.: authority having primary jurisdiction for the'applicant's (C) 9 intended business location stating that the jurisdiction cd of 10.. ;does not require any form of -regulatory or: business �d by 1.1 license_or does not otherwise restrict or regulate the sale (E) y, 12 of,firearms': { rap, 13 (7) Locallicensing author�tte nay assess fees to • 1 sized ,: 14 recover their r-full: costs of ::processing t applrcatoiis for t 15 licenses city, 16 :(b) . A license is subject to forfeiture for a breach of any 3 for, 17 of the following prohibitions and requirements: sell: 18 (1) �'Except,as provided in subp"aragraphs (B) and and 19 (C),the business shall be conducted only in the buildings '. shall0-20 designated in the license. sons 21 (B).. A person licensed pursuant to subdivision (a) may . 22 take possession of firearms and commence.preparation of who 23 registers for. the .sale, delivery, or transfer of firearms at arms j 24 gun shows or events;as defined in Section.478.100 of Title �d of 25 27: of the;Code of Federal Regulations, or its successor,4f. :d in 26 . the ,gun,. show or `event is not conducted from any 2T 'motorized, or towed vehicle. A person " conducting �ility . .28 . business'pursuant .to this. subparagraph shall be entitled it of 29 to conduct business as authorized herein at any gun show the 30 or event, in :the state without regard to' the jurisdiction lot a31 within this` tate that issued the license pursuant to 32 subdivision. (a) ; provided the person complies with (i) all to "> 33 applicable laws, including; but not limited to, the 15-day )hall 34 waiting period specified in subparagraph ! (A) of i by 35 paragraph (3), and (ii) all applicable local laws, nose' 36 regulations, and fees, if any. 37 'A person conducting business pursuant to this sing 38 subparagraph shall publicly display his or her license Ube ; '_ 039 issued pursuant to subdivision (a), or a facsimile thereof, " 99 99 AB 577 — 4 - -1 - 4 -- 1 at,., any gun show or event, as specified in this 2 subparagraph.. 3 {C} A person licensed pursuant to subdivision (a) may -4 engage in the sale and transfer of firearms other than: 5 , pistols, revolvers, or other firearms capable .'Of .being 6 ' .concealed upon,• the person, at events specified in 7 subdivision- (g) 'of Section 12078subject to the:`w 8 prohibitions and restrictions c,ntaind in that .„9 suibdivision.;: 10 A person licensed pursuant to`subdivisiori {a} also may E : . 1 accept tdclxvery of firearms other tlaari pistols, revolvers, 12: ' or other firearms capable of being concealed upon the 13person, "outsi'de the build% d ng esignated xn .the license, t 14 provaxded the firearmis being donated for the purpose`of 15 sale,or transfer at an auction or similar event;specified xn fi 16 : subdivisi07n } 8. . c 1'1.. 2 Th& license or :a. co thereof; ' ertified b tie { } `� copy, y 1$ issuing authority; `shall '`b displayed' on the premises. 19 where it can easily be seen. 20 (3)_ No�firearm” shall be delivered t 21` {A) 'Pxxor to January i, 1996, within 15,Idays of the j 22 application for the purchase, or;. after notice by. the 23 department to subdivision (e} of Section 12076, 24 within 15 days cif the submissa to the department of 25` corrected copies of°the register,, or within 15 days of the 26. .�subrriission :to the: department of any fee `required 27;, pursuant to`subdivision {d} of Section 1207.6; whichever 28 rs:later.'C n or after January 11996 within 15 days of the 29' application=for the purchase of a pistol;revolver,or other 30 firearm.capable`of being concealed upon fihe person, or; 31;: after notice`by the department purrsuant to subdivision 2'_ ,.(C) 1 „ (c)1 o4 Section 12076, within ��:5 days of the subinission to- e o 33 the de artment of ccirrected copies of .the register, ax' p 34 wit i_ 15 days of.the submission to the department of any 35 fee required pursuant to subdivision (d) of Section 12076, . 36 whxchever`is later. Cin or after January'1, 1996, within 10 37, days.of ,the application for the ;purchase of any other 38 firearm, or, after notice -by the department pursuant to 39 subdivision, (c) of Section' 12076, within 10 days ofthe if, 40 submission to the department of corrected copies of, f the 00 • T — 5 — AB 577 . 1 in this 1 register, or within_ :10 days of the submission to the 2 department.of any fee required pursuant to.subdivision . -i (a) may 3. (d) of Section 12076, whichever is later. :her than 4 : . (B)' Unless unloaded and . securely wrapped or of being 5 unloaded and in a locked container. cified i �, . 6 (C) Unless the purchaser, transferee, or person being 7 loaned the firearm .presents clear evidence of his or her to the, in that 8: ider�crty and age to the dealer. i 9 (D) Wheneverthe -.dealer- , is . notified by: the 10 Department of Justice that the.person.is in.a .prohibited also may 11 class described in Seetion:12021.or-12021 1_of.:this code or, evolvers, 12 . Section 8100,or 8103 of the Welfare and;Ins.titutions Code: upon the 13 (4) 3;No;-pistol; revolver, orother firearm or;imitation" ;":1lcense, 14 thereof ca able of;bl. e1, concealed u on the erson, or r p g p P. urpose of 15 placard adveraising the sale or other transfer.thereof;'shall: �cified'in Fa " 16 be displayed An%,anypart of-the premises :where it can i by -the . 17 readily be seen from the outside. premises r 18 ';;(5) .The-licensee'shall agree to a sh, al1 act properly 19: and:`' promptly in; processing:.. firearms. transactions 20 pursuant to Section 12082. #( 21 6 The licensee shall .com 1 with Section's 12073 is of, the- ns p.Y the E 22; 12076; and 12077,. subdivisions (a), and ,.(b) of Section .n 12076; . 23 12072, and subdivision (a) .of Section 12316. rnient .of 24' (7): The .licensee shall,; post' conspicuously within the �� 25 licensed remises.the following warning in block letters ys of the p g g, required 26. not less than one-inch in height: hichever 27 "IF YOU LEAVE.A]LOADED,, FIREARM. WHERE'A 28 ;CHILD OBTAINS:AND IMPROPERLY. USES IT, YOU. Ys of the -; 29. : MAY BE FINED OR SENT TO PRISON." or other 30 (g) Commencing. April 1,.1994,:no .pistol;.revolver, or ,,rson,or, 31 other firearm capable of. being. concealed" upon' the .division 32 person shall be - .delivered unless : the /:.purchaser ussion to. 33 transferee, :or .person,being;loaned the firearm presents > sister, or - 34 to the dealer a basic firearm safety certificate. nt of any 35O9 ; A O CiJY ommencn July 1 )n 12076, , g }99�; "fie, 1996; the vithin 10 36 licensee shall offer to sell the purchaser or transferee of Zy other 37 a firearm, orperson beingloaned a firearm, a triggerlock suant to 38 or similar device. The. trigger lock or similar device.`shall ; 39 be approved by the Attorney General and designed.to Is of the 31s of the `� 40 prevent the unintentional discharge of the firearm. 99 99 AB 577 6 — . 1 —. 1 (B) The licensee shall offer to provide the purchaser 2 or transferee of a firearm, or person being loaned a 3 firearm-, with a copy of the pamphlet described in Section 4 12080 and may add the cost.of thepamphlet; if any, to the 5 sales price of the firearm. j 6 (10) The licensee:shall not commit.an act of collusion 7 as defined in Section 12072: . 8 (1 1) The licensee shall-post, conspicuously within the 9 .licensed premises a detailed list of each of the. following: 10 (A)', All charges required by governmental agencies i 11 -,for .processing 'firearm aransfers..required by Sections £ . 12 ��12076 ::12082,,and..1-2806 .. -13 B A1116,es.. that the licensee , ch'ar es ( ) g pursuant ,to 14 = Sections .12082;,:and 1,2806, f 15 (12) The aicensee shall not misstate the amount,.of fees ' 16 charged,by.a governmental agency pursuant to Sections ._17_; 12076, 12082, and 12806.: 18 (13) ,The licensee.shall report the loss or theft 'of any . 19 firearm that is merchandise of the licensee, any firearm 20 that the ,licensee takes, possession of pursuant to Section 21 12082; or any' firearmkept at the licensees place of 22 .,business within 48:hours of discovery to the appropriate . 23 law enforcementagency:in the city, county, or city.and 24 county where `-the licensee's business premises are. C 25 located. r 26 (14) In: a city and.county, or `in the unincorporated 27 area of a county with.a population of.200;000 persons or ., R. 28 more accord ri to the' most- recent federal deci ennial g < i 29. census or within a--city ith a population.of 50,000 persons 30 .or.,,more according. to the most recent-federal decennial 31. census, any time the licensee`is not open for business; the 32 ..licensee. shall store all.firearms.-kept in his or her licensed f_ 33 place of business using'one of the following methods.as to � 34 each particular firearm:. 35 - (A) Store the firearm in a secure facility that is a part 36 of, or that constitutes,the licensee's business premises. 37 (B) Secure the firearm with a hardened steel rod ,or 38 cable of at least one-eighth inch in diameter through the 39 trigger guard of the firearm. The steel rod or cable shall .0 40 be secured with a hardened steel lock that has a shackle. ' 99 is AB 577 ( h ♦ckle shall be protected or shielded from purchaser 1 The lock and s a loaned 'a 2 the, use of.a bolt cutter and the rod or cable shall be in Section 3 anchored in amanner that prevents the removal of the iny, to the 4 firearm from the,premises.: 5 (C} Store the firearm in a locked fireproof safe or vault f collusion 6 in the licensee's business .premises. ' 7 (15) The licensing authority in an unincorporated area within the 8 of a county with a population less than 200,000 persons following: 7 9 . according to the most recent federal*decennial census or 1 agencies '10 within a city with a�population of less than 50,000 persons accordin to-the most recent federal- decennial census Sections ., g. 12 ..may impose the requirements specified m: paragraph irsuant to 13 {14) .: I4 (16) Commencing January 1, 1994,''the censee,shall, urit,-of.fees ' y15 upon'the issuance=ar renewal of a license, submit a'copy- 3 l6 of the same o`the De artment:of ustice, :o=Sectioris p 1 s '17 �',(17) The licensee shall. maintain and make `available - e a`8 for ins ect on durin business�hours to an eace officer, left of!any p g. y p xy firearm 19 authorized local law enforcement employee; or to, Section 20 ' `.Department of- Justice employee` designated by the 21 !`Attorney.y .Geneon p presentation u the of proper splace of . � , ?propriate� 22 'identifications a-firearms transaction='record. )r city and 23 -(18), (A) ' 4n =the date. of.receipt; the, licensee `shall raises are ,: 24 report to the : D.epartment of Justice in a format 25 : prescribed' by the >department the .acquisition by the ,orporated , 26 'licensee of thhe. ownership of a pistol, revolver, or other persons or 27 firearm,capable of being concealed upon the person. decennial 28 . (B) The provisions tliis`paragraph shall nat apply to 00 persons �29 any of:;the following transactions: _ decennial 30 (I} A = 'transaction subject to . -the provisions of isiness, the 31 subdvisian (n) of Section 12078 �r licensed 32 (ii) The dealer., acquired the firearm from a !thods-as to� ON c 33 wholesaler: 34 (iii) The dealer is also licensed as,a secondhand dealer at is a part J ,35, pursuant to Article,4 (commencing with Section 2102-5) premises. 36 of Chapter 9 of Division 8 of the Business and Professions feel rod ,or 37 . Code: 38 iv The dealer acquired the firearm from a person trough the (� ) q cable shall .39 who is licensed as a manufacturer or importer to engage a shackle. '' ` " 40 in those activities pursuant to Chapter 44 (commencing- 99 = 99 1 4 AB 577 — 8 - 1 8 -1 with Section 921) of Title 18 of the United States Code and 2 any regulations issued pursuant thereto.. 3 (v) The dealer acquired the firearm.-from a person 4 who resides outside this state who is licensed pursuant to { 5 Chapter 44 (commencing=with Section 921) of Title 18 of 6 the United States Code and any regulations issued _ o 7 pursuant thereto. ! j 8 (c) (1) As used in this article,="clear evidence.of his or .9 herAdentity and, age" means either,of the following: 10. (A).- A valid,California.driver's 4icense 1 A valid.California-identification card: s'sued by the 1 12 Department=of Motor:Vehicles 1 13 (2) As used m this article, a "basic firearm safety 1 14 `,certificate' means abasic firearm.ce -ti't baW..issued to the 1 15 purchaser, transferee; Qr person being loaried the:'firearm 1. 16 by the-,,. Department of 'Just ce'.:pursuant _to :Article 8 '' 1 17 =;:(commencing'with -Section 12800) :of:Chapter.6 18 (3) As used in this'section, a "secure facility" means a 1� 19 building that meets all..of the following°specifications: . . 1! 20m.All perimeter doorways shall meet one of the j 2( ( CO 21 following: 2 22 (i) :A windowless -steel security.:door ,equipped- with 2d 23 ' both a dead bolt and a doorknob lock 2 24 (ii) ' A windowed metal door thatis equipped with both 2z 25 a dead bolt and a. doorknob lock. If 1i window has an 24- 26 . :opening of five inches or more measured inany direction 2f 27 the window. shall be: covered:with teel bars; of.at:�least 27 28: one-half inch diameter,!or metal=grating of at lea st'�nine 28 29. : gauge affixed-to`.the :exterior or interior of the door: 29 3.0.: (in) A metal grate.that4s padlocked and affixed to the 30 31 `;licensee's premises independent of the door, and 31 32 doorframe: 32 33 (B) All windows are covered with steel bars: 33 34 (C) Heating.wentilating air-conditioning� and service .34 35 openings are secured with steel bars,.-Metal grating, or;:an- 35 36 alarmsystem: 36 37 (D) Any metal grates have spaces no larger than six 37 38 inches wide measured in .any direction: 38 .39 (E) ` Any metal screens have spaces, no -larger. than 39 40 three inches wide measured in any direction. ___ j� 40 - I 99 E i _ g + AB .577 F 1 All steel bars shall be no further than six inches ode and ( ) 2 apart. person 3 (4) As used in this section, "licensed premises," uant to 4 "licensed place of:. business," "licensee's place of .1618 of 5 business," or "licensee's business premises" means the issued _ . 6 building designated in the license. (� " 7 (5) For purposes,of ara rah 17 of subdivision b P P P g P ( ) ( ) � )f his or. 8 O A "firearms transaction record is a record 9 containing he .same information referred to in Section ng. 10 . 178.124a and subdivision (e). of Section 178.125-of Title-27. t by the . . . o 12 licensee shall,.,be in., compliance ,;with.; the 13 rovisions of ara 'ra h, �17: of subdivision��b �f h&or she ;safety' . p P g P ( ) ( ) 3 tQ the., 14 mamtams,.and 'makes <<available for inspection .during. ' 15 busriess,Hours-to ant, earm' , y peace officer, authorized;-Ideal law: hcle 8 16 enforcement employee, > or Department .of,..,,-Justice 11 . employee designated by the Attorney General,:npon the ` Weans a � � 18 presentation' of of ro er �identification, the ,bound book _ ions: ,19 containing the same,-information referred.to in .Section-.' 20 178.124a and subdivision (e) of Section,178.125 of-Title 27 Of the �� 21 of.the Code of Federal Reizulation& 22 d U on written ;re uest . from a licensee, the �d with ( ). P �! 23 licensing authority . may, grant an exemption - from _th both f0 24 compliance with the.requirements of paragraph (14) of has -ari `® 25 subdivision '(b) i , the licensee is unable -to comply with rection; 26 :.those requirements . because,. . of local ,ordinances, at least, 27 covenants, lease conditions; or.similar circumstances not -Ist nine 28 under the,control of the licensee..: nor: 29 (e).'Except: as :otherwise provided in .this subdivision, d to the 30 the Department ,of Justice shall keep a centralized asst of or. , 31 ajl ersons,,licensed osub -to ursuant tara ra hs 32 (E); m Jusivey .of•paragraph :(1) •of subdivision:: (a).. The 4 33 ' department may remove from this. list any person who 34 ence. violates this article.service ingl or with Coss ne li g, or':an^ 35 Upon removal of a dealer from this list, notification shall 36 be provided to local law enforcement and licensing than six 37 authorities in the jurisdiction where the dealer's business 38 . is located. The department shall make information about ' er. than ' 39 an individual dealer available,.,upon,on, req uest, for one of � s '40 the following purposes only: 99 99 AB 577 — 10 — (1) 10 — (1) For law enforcement purposes. 2 (2) When the information is requested by a person 1 3 licensed pursuant to : Chapter 44 (commencing with 4 : Section 921) of:Title 18 °of the United States Code for 5'.. determining the validity of the license for firearm 6 shipments: . 7 (f) The Department of Justice may inspect dealers to 8 . ensure compliance with this article. The department may , 9 assess an annual fee; not.-to. exceed eighty-five dollars. 10 ($85)--Io-cover the reasonable cost-of maintaining the list ► 11 described: m : subdivision :'(e) including the cost of ` 12 ;inspections Dealers= whose- place '±of :business is -in a. 13 rJurisdiCtlon that has adopted'an inspection program;_to 14 ensure` compliance with' firearms law shall `b`e texempt 15 from 'that`porfiofi Y:f the&�departmeriV. fee that.relates to f16 the cost of:inspections The-applicant is responsible for 17 providing evidence. to the . department . that the 18 jurisdiction in ,:,:which the .`business is- located has the :.� 19 inspect"o program: - 20 (g)' The ' Department of Justice shallmaintain..and ' 21 make available upon request information:concerning the 22 �number`of inspections conducted and the amount of`fees 23 collected pursuant=� to� :.subdivision .. (f) ; a 'listing of 24 exempted jurisdictions; 'as defined'in subdivision (f) ; the 25 number ,.of dealers. �removed from the centralized list i 26. defined :in subdivision (e) and the.-number`of dealers " 27 found�_to,,have' violated this, article with knowledge or j 28 gross negligence :H 29 (h) Pat -(14).(;14) or°(1"5`) 'of subdivision: (b) shall not 30 apply to a;licensee`or °anizedas a non rofit ublic benefit Pp y g p . p 31 or:mutual benefit.corporation organ1 ed pursuant,to Part 32 2: commencri withSection 5110 or Part 3 x g 33 -. (commencing�with Section:°7110) . of= Division 2 of the 4t. j t iay 34 -Corporations.Code;if both of the following conditions are {: 35 satisfied: 36 (1) The nonprofit,public benefit or- mutual ' benefit i 37 corporation obtained the dealer's license solely and 38 exclusively to assist that corporation or local chapters of t 39 that. corporation in conducting auctions or similar events 40 at which firearms are auctioned off to fund the activities 99 } -- 11 — AB 577 1 of that corporation or the ;local chapters of the aerson 2 corporation. p `�� ing with 3 (2) The. firearms are not pistols, revolvers, or other Code for A . firearms capable of being..concealed upon the person. firearm 5. SEC. 2. Section.12072 of the Penal Code is amended 6 to road: ►i 7.. 12072. a 1 No erson corporation, or firm shall lealers to !., O O P hent may 1 8 knowingly supply; deliver, sell, or give possession or ,e dollars. < . 9 control of a firearm to:any person within any of the classes ig the' list ; .10 prohibited by Section 12021 or-12021.1. . cost `of 11 . :(2) Noperson, corporation, or dealer shall sell, supply, 3 is :-in a; 12 deliver; or:giYe:possession or'control Of a firearm to any. ogram ryto 13 ;person,:whom,he.or she has cause to:believe.to be within . exempt 14 ,any of_the classes-prohibited by-Section•.12021 or 12021.1 relates o:. 15 .of this code; or:,Section 8100 or8103 of he ,Welfare and. alible for ` 16 :Institutions Code; that the 17 . (3) (A). No person, corporation;or firm shallsell,loan; has the . 18 or transfer a firearm to.a minor, 19, (B) Subparagraph (A) shall;riot ap ply to;or affect those . stain and 20 circumstances set forth insubdivision (p) of Section 12078 ruing the 2L . that are exempt . .from the prohibitions set forth in 22 subparagraph, A ,.nt of fees . ( ) 23. : 4 No erson, cor oration, or dealer shall.sell loan, or .fisting of O p p n' (f) ,the 24 transfer a firearm ao.,any person whom he or she knows 25. . or has cause to .believe is -not the actual urchaser or - �lized list p if dealers 26 transferee'of the firearm- or to'any person who,is not the ;ledge -or 27 person actually being loaned the,firearm;.if the person, 28 corporation,, or, dealer has either .of the following: ► shall not 29 (A) Knowledge that. the firearm isto.be subsequ@ntly is benefit 30 loaned, :sold;,,or transferred :to, avoid.:the,provisions of 31 subdivision. d nt�to Part � ( ) •�.. . - Parf' -3 �� 32, (B.) Knowledge that the.,firearm is to,be subsequently 2. of the }I 33: loaned; sold; or transferred to-avoid the:re"quirements of litions are 34 . any .exemption to the provisions of subdivision (d) 35 (5) No person, corporation, or dealer shall acquire a u'benefit 36 firearm for the purpose of selling; transferring, or loaning :)lely and 3.7 the. firearm, if the person,. corporation; or dealer. has Zapters ofi 38 either of the. following: , tar events ' 39 (A) In the case of a dealer, intent to violate.subdivision activities 40 (b) or. (c) . iy 9 1 3 AB 577 — 12 - 1. 12 -1 (B) In any other case, intent to avoid either -of. the ' 2 following: 3 (i) The provisions of subdivision (d) . 4 (ii) . The. .requirements . of any exemption to the 5 provisions of subdivision (d) . . 6 (b). No. person licensed under Section- 12071 shall 7 supply, sell, deliver, or give possession or control of a 8 pistil,. revolver, or firearm capable of being concealed y t 9 upon the personto any person.under the age of 21 years 10 or any-other firearm to a person;under the age of 18 years; 11 . (c) No, dealer, whether .or­not acting` pursuant to 12 Section 12082, shall deliver a„ firearm . to, a,:person, ,:as '13 follows a, r 14 t (1,)`` }Prior` to Jarivary� 1, =1996,;x within,15 =:days .of the ;15application for, the purchase, or, after.:no.tice 'by .the r 16 departm6litpursuant Wsubdivision :(e) of election:12076, 17• within 15 days of the submission to the .departme:nt of 18 corrected copies of the`register; or within ,:15. days of the . 19 submission to .,the department of any ' fee . required 20 pursuant to subdivision (d) ,of Section 1206, whichever 21 is later. On or.after January 4_1996, within 15 days of the . 22 application for the purchase of a pistol, revolver',or other t .23 . firearm,capable of being concealed upon the person;or; 24 ,'.after-notice by the department pursuant to subdivision 25- (c) of.Section 12076, within 15 days of the submission to 26 . the department of corrected copies of the register; or 4 27, within 15 days of the"submission`to_the department of any 28 fee required pursuant.to subdivision (d) of Section 12076; 29 whichever is later:. Ori ,or after; anuar 1 1996 within 10 T .. > J Y � ., i R 30 days of the application for the purchase of any other 31, firearm,.or, after notice by-the.department pursuant`to 32 subdivision (c).` of Section.•.12076, within` 10: days 'of the 33 submission to the department,of corrected copies of the 34 register,` or within . 10 days. of the submission to the , 35 department of any fee•required pursuant to subdivision 36 (d) of Section 12076, whichever is later. 37 (2) Unless unloaded and securely wrapped or 38 unloaded and.in a locked container. 39 (3). Unless the purchaser, transferee, or person being 40 loaned the firearm presents clear evidence of his or her 99 R F -- 13 — AB 577 -of. the 1 identity and age, as defined. in Section 12071, to the 2 dealer. 3. (4) Whenever the, dealer is notified by the . to the ; 4 Department of Justice that the person is in a prohibited 5 class described in Section 12021 or 12021.1 of this code or 1' shall -6 Section 8100 or 8103 of the Welfare and Institutions Co-de. , oI of a '. " 7' (5) Commencing April L 1994, no pistol, revolver, or icealed 8 ` other firearm capable of being concealed upon the :1-years 9 person shall : .be delivered unless the purchaser; 8.years: k10 transferee; or'person being loaned'the firearm presents .zant to .` l'1 to the:dealer a basic:firearm_safety, certificate:, -son, as 12 (6) <,iGo nmeneingful l; 99&, alealer`s�iall offer to sell 13 5 t the p urehaser.or traxisferee of a t r�ai rn,,,or person berg of the 14 <.Ioanea' a:.firearrz, a tagger lock or szrzir"lar device. The by the 15 r.tri ger lock cir sim ar�adevi,ce shall :be:approved by the n.12076, '16 Attorney General axed designed; to prevent the :hent of 17 unintentional dlschgarge. -t Ts..of the 1$ (.d) Where neither party'ao the transaction' holds` a equired y 19, :dealer's license issued pursuant to Section 12071, the uchever. t 20 parties to the.transaetion shall complete the sale, loan, or as of the � 21 transfer of that firearm through either of the following:. or other Y22 (1) A licensed-dealer-pursuant to Section 12082: rson; or; 23 (2) 'A, law enforcement agency pursuant. to Section ,division 24 ,'12084:. ission to 25 :(e) No persori may commit ari act of collusion relating sister, or 26to Article 8 (commencing with'-Section 12800) of Chapter nt of anyFor purposes of�this section and Section 12071, collusion )n 12076, 28 may be proven by;any one of the f616,,&ing factors: within 10 29 (1) Answering a test applicant's r questions during an ty other ..30 `obJec ave test relating t6 basic firearms safety: suant to 31 (2) ;K noWingl Y grading the examination falsely. s of the 32 (3) Provdirig an advance copy of the test to an is of the `..., 33 applicant: to the 34� (4) Taking or allowing another'person to fake the basic division 35 ' :firearms safety course for one who is the applicant for the 36 basic firearms safety certificate. wed . or 37 (5) 1Allowing another to take the objective test for the 38 applicant; purchaser, or transferee. 1 being 39 (6) Allowing .others to give unauthorized assistance or her `--- 40 during the examination. 99 99 a AB .577 _ 14 - 1 14 - 1 (7) Reference to materials during the examination 2 and cheating by the applicant. 3 (8) Providing originals or photocopies of the objective 4 test, or any version thereof; to any,person other than, as .5 specified in subdivision (f) of Section 12805: 6 (f) No person who is licensed pursuant toChapter 44 7 (commencing with Section 921).of`Title 1$ of the United `.` " 8 States Code shall deliver, sell, or transfer a firearm to a 9 Person; who is licensed =pursuant to =Chapter` .44 O. (commencing.with,Section921)'.of.Title 18 of the.United 11 . States-:Codewhose licensed premises are located m 12 this state unless:,one>:of the following conditions is meE.1. 13 _. 1 The: erson resents roof of licensure ursuant to � ) p-_. p p P 14-.-..,Section° 12071 to that:'persorr 15, -2 The erson resents roof.that he or sheAs-exempt (: ) p p p , 16 : from licensure'.underSection 12071- to that person, m. 17 which .case the person,:also shall present proof: that the 18 transaction is also exempt `from the '.provisioris of .19 subdivision (d)-. , 20 (g) (1) . Except as,provided'in paragraph (2). or (3) A: 21, violation of this section is a rnisdeme.anor.. 22 (2) . If any of the following--,circumstances apply,. .a 23 violation.of.this section is punishable by imprisonment in 24 the state.prison for two;three; orfour years. ; 25 (A) If:the violation is. of paragraph .(1) of subdivision 26 . (a) -27 (B) If.the defendant-has a prior conviction ofviolating 28 this section or former Section 12100 of this code or Section 29 <8101.of the Welfare and Institutions Code: .30 (C) If'the defendant l As a prior conviction of violating ii 31 any offense;specified in subdivisiori`,(b).-of-Section 12021:1 32,' or of a violation "of'Section 12020; 12220,for -12520,.:or of 33 former' Section .12560. 34' (D) If the defendant is in a prohibited class.described 35 . in Section 12021 or 12021:1`of this code or Section,8101 of 36 the Welfare and Institutions Code. 37 (E) A violation of this section by a person who actively 38 participates in' a "criminal street gang", as defined in 39 Section 186.22.- 99 ` _ 15 — AB 577 ion "' 1 (3) If any of the following circumstances apply, a 4 2 violation. , of this section shall be punished by :ive 3 imprisonment in the state prison or in a county jail not to i as 4 exceed one year, or by a fine not to exceed one thousand 5 dollars ($1,000), or by both the fine and imprisonment. 44 6 (A) A violation of paragraph (2) of subdivision '(a) . ted 3 7 (B)' A violation of paragraph (3) of subdivision (a) o a 8 invuwmg the sale, loan,or`transfer of a pistol, revolver; or 44 9 other firearm capable of being concealed upon the ted 10 person to a minor. Lin 11 (C.) A violation of paragraph, (4), of subdivision-;:(a) A violation of paragraph (5). of subdivision (a).. ` to 13 (E)_ A violation of_ subdivision (b), : involving the 14, delivery of a pistol; revolver, or other firearm capable;of ipt g :15,'-1.-be ng.concealed upon`.the person. in 16 (F), A violation of.paragraph (1), (3), (4), or (5) of. e :17.. subdivision (c) involving a . pistol; revolver, or _other of 18 firearm capable of being concealed upon the person. 19 .(G) A. violation of subdivision (d) involving:a pistol; (7, 20 ..`revolver; or, other firearm capable of being concealed { 21 upon the.person. , .a ;. 22 (H) 1,A violation of subdivision (e) . in 23, SEC- 3. No reimbursement is required by this, act. 24 pursuant to Section 6 of Article XIII B of the California 25 Constitution because the, only costs that may be incurred .on 26 by a local agency.. or school district will be incurred 27 because Ahis act creates a new crime . or infraction, -ng 28 eliminates a.crime or infraction, or changes the penalty , 29- for a crime or infraction;.within. the meaning of Section rig 30 17556 o f the Government Code, or changes.the definition 11 3,1 of a crime, within the meaning of Section -6 of: Article of 32 ;_XIII B:.of,the California Constitution: 33 Notwithstanding Section 17580 of the , Government 34 Code unless otherwise s ecified, the provision of this act ed p p Of 35 shall; become operative on the same. date .that the act 36 takes effect pursuant to the California Constitution. 'ly in O 99 99 t i { t \ ACT t r ' 4 Tc: BOARD OF SUPERVISORS Contra �. FROM: Phil Batchelor, County Administrator r�- �i►` Costa o,• r. i< �Ap�--::._�... •:o� County DATE: May 9, 1995 SUBJECT: LEGISLATION: AB 629 (Caldera) - REQUIRES HANDGUNS SOLD IN THE STATE TO MEET MINIMUM SIZE AND SAFETY STANDARDS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 629 by Assemblyman Louis Caldera which would require all handguns sold in this State to meet minimum size and safety standards . BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law governs, among other things, the manufacture and sale of firearms in California. Assemblyman Caldera has introduced AB 629 which, as introduced, would do all of the following: ❑ Require the Department of Justice to compile, publish, and maintain a roster listing those handguns that are useful for legitimate sporting, self-protection, or law enforcement purposes . ❑ Authorize the Department of Justice to place a handgun on the roster on its own initiative. ❑ Require the Department of Justice to place a handgun on the roster upon the successful petition of a person and provides the process for submitting such a petition. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTIGN OF BOARD ON May 16, 1995 - APPROVED AS RECOMMENDED X OTHER -X_ IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE .X.UNANIMOUS(ABSENT ------------ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUP S AND COUNTY ADMINISTRATOR TY -2- ❑ Makes it a misdemeanor to sell or offer for sale in California or to manufacture any handgun that does not appear on the roster. ❑ Makes Legislative findings regarding the need to restrict the manufacture, sale and distribution of "Saturday Night Special" handguns in California and the importance of guaranteeing that handguns for sale in this State are safe. AB 629 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996 . The bill was scheduled for a second hearing on April 18, 1995, but the hearing was cancelled at the request of the author. cc: County Administrator Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn a 1 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 629 Introduced by Assembly Member Caldera a February 21, 1995 An act to add Chapter 1.5 (commencing with Section 12150) to Title 2 of Part 4 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 629, as introduced, Caldera. Firearms: California Handgun Sporting and Safety Act of 1995.. (1) Existing law governs, among other things, the manufacture and sale of firearms in California. This bill would require the Department of Justice to } compile,publish, and maintain a roster listing those handguns, as defined, that are useful for legitimate sporting, self-protection, or law enforcement purposes, as specified. It would require the department to place a handgun on the roster upon the successful petition of any person, and would authorize the department to place a handgun on the roster on its own initiative. The bill also would make it a misdemeanor, punishable as specified, to sell or offer for sale in California, or to �} manufacture or cause to manufacture for sale or distribution in California, any handgun that does not appear on the roster. Because it would create new crimes, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs 99 r AB 629 — 2 — mandated 2 —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.- SECTION ollows.SECTION 1. Chapter 1.5 (commencing with Section 2 12150) is added to Title 2 of Part 4 of the Penal Code, to 3 read: 4 5 CHAPTER 1.5. CALIFORNIA HANDGUN SPORTING AND 6 SAFETY ACT OF 1995 7 8 12150. This chapter shall be known, and may be cited, 9 as the California Handgun Sporting and Safety Act of 10 1995. i 11 12151. (a) The Legislature hereby finds and declares 12 as follows: 3 13 (1) Every year hundreds of thousands of pistols, 14 revolvers, and other firearms capable of being concealed 15 upon the person are sold in California. A significant 16 number of these firearms are poorly made, unreliable, 17 often times unsafe, and easily concealable. These cheaply 18 made, inexpensive firearms are marketed by 19 manufacturers as a reliable means of personal protection, 20 yet objective expert evaluations suggest that many of 21 these firearms are not well suited for this purpose. 22 Moreover, many of these firearms do not meet minimum 23 safety requirements designed to prevent unintended 24 shootings. The investigative arm of the United States 25 Congress, the General Accounting Office, has concluded 26 that nearly one-third of all unintended shootings could be ! "� 27 prevented if these safety features were required on all 28 guns. 29 (2) These inexpensive, poorly constructed firearms 30 are also disproportionately associated with crimes and 31 confiscated by law enforcement agencies. Although these 99 i i AB 629 — 4 - 1 4 - 1 (5) Quality of manufacture. 2 (6) Reliability as to safety. 3 (7) Caliber. 4 (8) Ability to be detected by standard security 5 equipment commonly used at airports and courthouses. 6 (9) Utility for legitimate sporting, self-protection, or 7 law enforcement purposes. 8 (b) The department shall not place undue weight on 9 any single characteristic specified in this section. 10 12156. Prior to placing any pistol on the California 11 Handgun Sporting and Safety Roster, the Department of 12 Justice shall ensure that it satisfies both of the following: 13 (a) It has a positive manually operated safety device. 14 (b) Its combined length and height (right angle 15 measurement to barrel without magazine or extension) 16 is not less than 10 inches, with the height being at least 17 four inches and the length being at least six inches. 18 12157. Prior to placing any revolver on the California 19 Handgun Sporting and Safety Roster, the Department of 20 Justice shall ensure that it satisfies each of the following: 21 (a) (1) It passes a safety test prescribed by the 22 Department of Justice. 23 (2) A double action revolver shall have a safety feature 24 that automatically (or manually in a single action 25 revolver) causes the hammer to retract to a point where 26 the firing pin does not rest upon the primer of the 27 cartridge. The safety device shall withstand the impact of 28 a weight equal to that of the revolver dropping from a 29 distance.of 36 inches'in a line parallel to the barrel upon 30 the rear of the hammer spur a total of five times. 31 (b) It has an overall frame length with conventional 32 grips (not diagonal) of at least four and one-half inches. 33 (c) It has a barrel length of at least three inches. 34 12158. The Department of Justice may place a 35 handgun on the California Handgun Sporting and Safety 36 Roster on its own initiative. 37 12159. (a) Subject to the provisions of this chapter, 38 the Department of Justice shall place a handgun on the 39 California Handgun Sporting and Safety Roster upon the 40 successful petition of any person. 99 yr, — 3 — AB 629 establish ` 1 so-called "Saturday Night Special" firearms are already -equired 2 prohibited from importation into the United States by 3 federal law, their production and sale continues to rise in tee: yes. 4 California. 5 (3) Consumers are entitled to assurances that the 6 firearms they purchase are reasonably safe, accurate, and 7 reliable. follows. ° ,: 8 (b) It is, therefore, the intent of the Legislature in Section 9 enacting this chapter to eliminate from circulation in erode, to 10 California small-caliber, easily concealable, poorly 11 constructed handguns that are disproportionately used in 12 crimes and those handguns that pose undue safety risks AND13 by failing to incorporate minimum safety requirements. 14 12152. As used in this chapter, "handgun" shall mean 15 any pistol, revolver, or firearm capable of being 3e cited, 16 concealed upon the person, as defined in subdivision (a) Act of 17 of Section 12001. 18 12153. The Department of Justice shall adopt rules declares 19 and regulations necessary to carry out the provisions of 20 this chapter pursuant to Chapter 3.5 (commencing with 21 Section 11340) of Title 2 of Part 1 of the Government pistols, 22 Code. ,ncealed 23 12154. (a) On or before August 1, 1996the ;nificant 24 Department of justice shall compile, publish-' and reliable ' � p J p eli cheaply w � 25 thereafter maintain the California Handgun Sporting and ed by 26 Safety Roster. The roster shall list those handguns that are �tectio y 27 useful for legitimate sporting, self-protection, or law nany of 28 enforcement purposes. 29 (b) The department shall publish the roster on a )urpose. 30 semiannual basis and shall send a copy of the roster to' .inimum 31 every dealer who is licensed to sell and transfer handguns atended 32 pursuant to Section 12071. 3 States 33 12155. (a) The Department of Justice shall consider ncluded <' � Y 34 each of the following characteristics of a handgun in :ould be d on all 35 determining whether to place it on the California 36 Handgun Sporting and Safety Roster: 37 (1) Ability to be concealed. firearms 38 (2) Ballistic accuracy. nes and 39 (3) Weight. gh these �: 40 (4) Quality of materials. 99 99 AB 629 — 6 - 1 6 - 1 exceedingten thousand dollars ($10,000) for each J 2 violation. 3 (b) (1) After October 1, 1996, no person shall sell or 4 offer for sale in California any handgun that does not 5 appear on the California Handgun Sporting and Safety 6 Roster. 7 (2) Any person who sells or offers for sale in California ; 8 any handgun in violation of this subdivision is guilty of a 9 misdemeanor and shall be punished by imprisonment in 10 a county jail for not exceeding six months, or by a fine not 11 exceeding two thousand five hundred dollars ($2,500) for 12 each violation. 13 (c) Each handgun that is manufactured, sold, or 14 offered for sale in violation of this section shall constitute 15 a separate violation for purposes of this section. 16 (d) The Attorney General may seek a temporary or 17 permanent injunction from a superior court to enjoin the 18 willful and continuous manufacture, sale, or offer for sale , 19 of any handgun that does not appear on the California 20 Handgun Sporting and Safety Roster. 21 12161. Nothing in this chapter shall be construed to 22 interfere with the ability of any person to'manufacture, 23 sell, or offer for sale any rifle or other weapon that is not 24 defined as a handgun under this chapter. 25 SEC. 2. No reimbursement is required by this act ' 26 pursuant to Section 6 of Article XIII B of the California 27 Constitution because the only costs that may be incurred 28 by a local agency or school district will be incurred 29 because this act creates a new crime or infraction, 30 eliminates a crime or infraction, or changes the penalty , 31 for a crime or infraction, within the meaning of Section j 32 17556 of the Government Code, or changes the definition 33 of a crime within the meaning of Section 6 of Article 34 XIII B of the California Constitution. 35 Notwithstanding Section 17580 of the Government 36 Code, unless otherwise specified, the provisions of this act 37 shall become operative on the same date that the act 38 takes effect pursuant to the California Constitution. O 99 - 5 — AB 629 1 (b) Within 45 days of its receipt of a petition to place 2 a handgun on the California Handgun Sporting and 3 Safety Roster, the Department of Justice shall do either 2urity 4 of the following: )uses. 5 (1) Approve the petition and make available to the )n, or 6 public a description of the.handgun, including notice that 7 any objection to its being placed on the roster shall be ;ht on 8 filed with the department within 30 days. 9 (2) (A) Deny the petition in writing, stating the =ornia 10 reasons for the denial. --nt of 11 (B) If the department denies a petition, it shall notify wing: 12 the petitioner of the denial by certified mail, return -vice. 13 receipt requested, and shall inform the petitioner that he angle 14 or she may request a hearing within 15 days of the receipt Psion) 15 of the notice of denial of petition. least 16 (C) (i) The department shall hold a hearing and issue 17 a final written decision on a petition within a reasonable =ornia 18 period not exceeding 90 days of its receipt of a request for -.nt of 19 a hearing. wing: ,_.; 020 (ii) At any hearing held pursuant to this chapter, the the 21 petitioner shall have the burden of proving to the 22 department that the handgun under consideration is ature 23 useful for legitimate sporting, self-protection, or law .ction 24 enforcement purposes and should, therefore, be placed there0� - 025 on the roster. f the 26 (iii) A petitioner shall reimburse the department for act of 27 the actual costs incurred in testing and evaluating a ,om a 28 handgun for possible placement on the roster. upon 29 12160. (a) (1) Except for the manufacture of 30 prototype models required for design, development, :ional 31 testing, and approval by the Department of Justice, no. rhes. 32 person shall manufacture or cause to manufacture for sale 33 or distribution in California any handgun that does not ce a 0111 034 appear on the California Handgun Sporting and Safety afety 35 Roster. 36 (2) Any person who manufactures or causes to tpter, 37 manufacture any handgun for sale or distribution in n the 38 California in violation of this subdivision is guilty of a n the 39 misdemeanor and shall be punished,by imprisonment in x'40 a county jail for not exceeding one year, or by a fine not 99 99 J • �I I TO: BOARD OF SUPERVISORS 5 L Contra Phil Batchelor, County Administrator Costa FROM: FRG M: �'.• i< 'F_ r. Count r.` DATE. May 9, 1995 �sr;�0 LEGISLATION: AB 630 (Villaraigosa) - REQUIRES HANDGUN OWNERS TO SUBJECT: SECURE THEIR HANDGUNS WHILE NOT AT HOME, AND TO REPORT LOST OR STOLEN FIREARMS TO LOCAL LAW ENFORCEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 630 by Assemblyman Antonio Villaraigosa which would require handgun owners to secure their handguns while they are not at home, and would require that they report lost or stolen firearms to local law enforcement agencies . BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law establishes the crime of criminal storage. Criminal storage occurs when a person keeps any loaded firearm within any premises where a child under the age of 14 is likely to gain access to the firearm without the permission of the child' s parent or guardian and the child gains access to the firearm. If the child causes death to himself or herself or any other person, the crime is first degree criminal storage, which is a felony or misdemeanor. If the child causes injury to himself or herself or any other person, the crime is second degree criminal storage. which is a misdemeanor. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON - May 16, 19 9 5 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that -the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X UNANIMOUS(ABSENT ----------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERV RS COUNTY ADM TRATO Health Services Director Nancy Baer, Prevention Program, H:ah Les Spahnn; Heim, Noack, Kelly & -2- As amended March 30, 1995, AB 630 would do all of the following: ❑ Require every purchaser or transferee of any firearm to keep a firearm locked and secured if left unattended in a dwelling. ❑ Require every purchaser or transferee of a firearm to report any stolen or lost firearm capable of being a concealed weapon. ❑ Provide that any person who fails to report the theft or loss of a firearm within 24 hours is guilty of an infraction. ❑ Expands the warning which a firearms licensee is required to post within the licensed premises to reflect the changes proposed by this bill . AB 630 failed passage in the Assembly Public Safety Committee on April 4, 1995, but was granted reconsideration and could still be heard later this year or in 1996 . The bill was scheduled for a second hearing on April 18, 1995, but the hearing was cancelled at the request of the author. cc: County Administrator Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn fi 2 - '` -AMENDED IN ASSEMBLY MARCH 30, 1995 CALIFORNIA LEGISLATURE-199,%--%REGULAR SESSION ASSEMBLY BILL No. 630 k Introduced by Assembly Member Villaraigosa February 21, 1995 Ari act to amend Section 1209112011 of, and.to add dens f Section 12079 to, the Penal.. Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST' , AB 630, as amended; Villaraigosa. Firearms: access: minors. (1) Existing law establishes the crime of criminal storage, which;arises when a person keeps any,loaded firearm within any premises that is under his or her custody or.control and he or she knows or reasonably should know that a child under 14 years .of age.is.likely to-gain access to the firearm without the permission of the child's parent.or legal guardian and the child obtains access to the firearm and thereby either (a) causes death orgreat bodil m ur to himself, herself, or an other person, or (b) causes •inju y, other than. great bodily g . Y injury, to himself, herself, or any other person, or exhibits the firearm either in a public place or as specified. A violation of (a) above is criminal storage in the first degree, punishable as a misdemeanor or a felony and a violation of (b), above is criminal storage in the 2nd degree, punishable as a misdemeanor. 98 i AB 630 — 2 — This bill,in addition,would pie that person e emy leaded e - uttleaded firearm with is under leis eP her eek of eat4rel and he or she hews or reetsefteMy shotAE1 knew Owt a ehi4d.tinder 4e age of 18 years is likely to gaie aeeess t-e the fig wit the on Of.the elAlpaw et lega4 the AAEI obtains aeeess to the firearm and thereby earries it off/wises; as defined, shall be guilty of a wAsdemeaner. T449 Pre Stotti -4 d 33@t- apply if the ehAE1 obtains the firearm ets a � of art illegal e e any pretmses by any tie is leept it det'leleek f, or the rea is, pped with . K-. -This-bi$.wettld require that every purchaser or transferees of any `firearm keep. the firearm locked and secured if left unattended in a dwelling,and report any stolen or lost firearm capable of being concealed'upon the person. This bill also would provide that any person who fails to keep all firearms locked and secured when left unattended in a dwelling is guilty of a misdemeanor. The bill would also provide that any person who fails to report the theft or loss of a firearm within 24 hours. of his or her knowledge of this y' occurrence is guilty of an infraction. --* 1 3& law pr-eNieles that any pet-se :whe las been .,�.,.,a of wAsde ..,e&ne.rs, ;��8 yews of #fie ,ems; or hats ie his eT- her tmder- .? , fiis er her eustedy er eentrel, any fiream ie g of a Publie offense, punish as a raisdemeaner er et€eleey. P-As bblwould, ftdd m4sdemeaaerr erkrAna4 sterage amd a �4elaSen of ire eff ensetff6pesedift`{-}-} 6bove t-e the list of speeified, wAsdemeemer des to tis Because this bill would create ttefO ewes a new crime, it would impose a state-mandated local program. (2) Under existing la w, a firearms license is subject to ,`J ,fit forfeiture if the licensee fails to comply with the requirement to post conspicuously within the licensed premises a specified warning in block letters. This bill would expand this warning. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs r� 98 1 4 - 3 — AB 630 peps 0 mandated by the state. Statutory provisions establish A is procedures for making that reimbursement. 9 or This bill would provide that no reimbursement is required 14" by this act for a specified reason. ften Vote: majority. Appropriation: no. Fiscal committee: yes. #ns State-mandated local program: yes. inn ` -' Thep eople of the State of California do enact as follows- t of tr n 1 �: Seetien 12021 of the Pefted Gede int . 2 emeitded €e . 3 �' per n 44ie has been a ,,te roe 4 :of tmder , e lames of the U4iReEI States,of the State left ,5 e€.; ' , e stage; ,e eek; ,xm 6 er e€em o&nse entu er a ift mas se it*)-, 7 4.8eet4ee 1€3001:6; or we is �ddieted to the use e€ any y to 8 nareetie drug, who-owns or hay it*his or her a or I in 9 tmder his or her etistedy or eentrel afty firreiarnm is g also 10 of et €elegy S of 11 per-sea who has two ets mere fer his .-12 ,Aeletiftg parte {* of§ttbdMsi {a} of Seetien 444 13 emd who ems or has in his er her pessessioit or mer his yen 14. or her,eon or eee#rel � o€-a felen 3 o€ 15 - } Netwithstattdiftg stib&4siee J*)-, nwho 16 been of a f er of em e€€ense )ie 17ked in Seption ; when that eetn4eti 18 reser fro eer-tifieakie by the jtwen& eourt for 40 19vresee#14 as an in an a estwt tinder � we _ : 20, , W7-of the Welfffe and lnstRutiamCede;who owns er has his r2l in>his or her: pessession er tmder his er her eustedy of 22. eerel;ate` frrear is of sielee : it 23 .-f e�} .-(- }- a in stlbdi-�4s ex {-�} or �, 24Paragr-ap {- -} of # n she hffi to ' 25 been nt4e,.e of ft latiena€ ; ,.,.. em int .26 76; 136..5 er 440; sti - d* of Seet4en Seetien !ed 27 ., 248;24};242;243;244:6;245;245.5; 28 246; 246..3 W-, 273-51 273.6, 44;7-, 417.1; 417.2; 417.6, 6M.9; '29 646 or 12023, sebdivisien +19+ er - d+ of Seetien 42034; to 30 Seetien 12035; 42036; or 12040, subdi-visiof Seetien Ists 3112072, +a* of farmer Seet4en 12100, Seetien 98 98 �w^ i • • r i •r :• r i : . rs • . s • t i l t • ! r i • ! w- r ' f f � i • as • a :• : :w jam - - - - - - - : : i : : ► - •MN I •R%prow • - : - -------------- a • Ni : RLOM.K.. 1 IM- A • • - - ' : - : 44 : : - : : -r IV • • e • B gg0 a�*e ,,Wtee� e rl to ��� �ftt� � iy t� �y�ee ?�eases�T 2 iy OFA* -&te 1;44 43r- 6,vee ek I Ile Viet i O- ln.4' C2115 ire 2� n�� �go 9.4 mea� 3 23 et ,p�y �'���v�yes''x ',� �itsy�e 3 31 ���,,, vea� 4' - - • - - -Wi = - - • VTA • Vi-w; - - i - iAt OL a MIT : .■ wmg.- - q 0- "..- - - - - - .. ti:�� Ar LLI ALM ' i 1 � • z 1 - - - - - - �- *3 Re Milo • WATATA -I.;- _ _ - - - - - � - ii,.- - - - - '- - ,- - -- -Am.--" 717 QL� • - - - - - - : - - • _ _;4:1 Im kv pq Rk • i . • : . . . . • - - - : : : : i i■ - - : - - - 9 — AB 630 e 10) 41 1 an4 thereafter earries thefirearm Brearm e€€ es sail be ��e�ris 2 purAshed by itieeu eet in 3 ebe year, by et fire net exeeediftg eee thettsand deflars fffy 4 -( ;A9A}; e4- by beth and €fter 5 {•e} A firearm thftt a el-Ad gains aeeess to aid c t-t of 6 eff4prewAses in -view of #his seetien ehftU be deemed by 7 !'used ift theof any misdemeemer as pre-vide-d � 8 in S eede ,-for the pur-pose of subdiyis}e +b+of Seetien Mid 9 42028 regarding the to een fis at f rearis afrd This 10 ether Elea&y weak as e • e 11.,: �-( - �5 � shad any if any ene e€ the 12stemeea mm,- eire ex3ss• 'e _13 -{ } the a she' iea as e of air i�leg r 14 a" prefmseslby e e► 15 , The firearm is kept in ft leeked eeftt } 16 {-3� The fi-rearm is I with a leeking deN4ee. *C161 172. SEG. a: ets 18 SECTION 1. Section 12071 of the Penal Code is 19 amended to read• ved 20. 12071. (a) (1) As. used in this chapter, the term 21 licensee, person licensed pursuant to Section 12071,. the 22 or "dealer" means a-person who (A) has a valid federal 23 firearms license, , (B) has any regulatory or business to = .24 license, or licenses, required by local government, (C) 25 has a -valid seller's permit issued by the State Board of 26 Equalization, (D) has a certificate of eligibility issued by 27 the Department of Justice pursuant to paragraph (4), (E) 28 has a license issued in the format prescribed by paragraph. 29 (6)., and:.(F) is among those recorded in the centralized 'ars. 30 dist specified-in subdivision (e). the 31 (2) The duly,constituted licensing authority of a city, 32 county; or.a city and county shall accept applications for, .9 W4 33 'and- may, grant licenses permitting, licensees to sell 34 firearms at retail within the city, county, or city and or 35 county. The duly constituted licensing authority shall her 36. inform applicants who are denied licenses of the reasons l* 37 for the denial in writing. 38 (3) No license shall be granted to any applicant who. A er 39, fails to provide a copy of his or her valid federal firearms 40 license, valid seller's permit issued by the State Board of 98 98 AB 630 _ 10 - 1 101 E ualization, and the certificate of eligibility described in Equalization,, g 2 paragraph (4) 3 (4) A person may request a certificate of eligibility 4 from the Department of Justice and the Department of 5 Justice shall issue a certificate- to an applicant if the 6 , department's records indicate that the applicant is not a 7 person who is prohibited from possessing firearms. t: 8, (5) Thedepartment shall adopt regulations to 9 administer t the certificate of eligibility program and shall 10 recover the full costs of administering the program by I 11 imposing fees assessed to applicants who apply for those l 12 certificates. -. ] 13 {6) A`license granted by the duly constituted licensing ]. 14 authority:of any:city,,county,.or city-and county,°shall be I. 15. vali&for not more than one year from the date of.issuance l 16 and shall be in one of the following forms: I 17 (A) In the.form prescribed by the Attorney General. l 18 (B) A regulatory or business license that states on its ] 19 face "Valid for Retail Sales of Firearms" and is endorsed 7 20 by the signature of the issuing authority. 21 (C) .A letter from the duly constituted licensing c 22 authority having primary jurisdiction for the applicant's 23 - intended. business location stating that the jurisdiction .24 does not require any form of regulatory or business 25` license or does nototherwise restrict or regulate the sale 26 of firearms. 27 (7) Local licensing authorities may assess . fees to 28 recover their full costs of processing applications for 29 licenses. 30 (b) ;A license is subject to forfeiture for a breach of any 31 of the following prohibitions and requirements:.,: 4 32 1 A : Exce t as rovided in sub ara ra hs B and { ) O p p p g P O 33 (C), the business shallbe conducted only in-the buildings 34 designated in the license. 35 (B) A person licensed pursuant to subdivision (a) may 36 take possession of firearms and commence preparation of IS 37 registers for the sale, delivery, or transfer of firearms at 38 gun shows or events, as defined in Section 178.100 of Title 39 27 of the Code of Federal Regulations, or its successor, if _ 40 the gun show or event is not conducted from any � 9 98 �- — 11 — AB 630 )ed in ( ') 1 motorized or towed vehicle. A person conducting 2 business pursuant to this subparagraph shall be entitled .bility 3 to conduct business as authorized herein at any gun show . 'nt of .4 or event in the state without regard to the jurisdiction .f the 5 within this state . that issued the license pursuant to not a 6 subdivision (a), provided the person complies with (i) all 7 applicable laws, including, but not limited to, the 15-day Ls to 8 waiting period specified in subparagraph - (A) of I shall 9 paragraph (3), and (ii) all applicable local laws, m by 10 regulations,'and fees, if any. those. 11 A person conducting business pursuant to this 12 subparagraph shall publicly display his or her license using 13 issued'pursuant,-to subdivision (a), or a facsimile thereof, all be 14 of any gun show-, or event, as specified in this lance .15 subparagraph. 16 (C) A person licensed pursuant to subdivision (a) .may feral. 17 engage in the sale and transfer of firearms other than on its 18 pistols, revolvers, or other firearms capable of being orsed 19 ` concealed upon the person, at events specified in 20 subdivision of Section 12078, subject to the nsing 21 prohibitions - and restrictions contained in that :ant's 22 subdivision. fiction 23 A person licensed pursuant to subdivision (a).also may Mess 24 accept delivery of firearms other than pistols; revolvers, e sale _: 25 or other firearms capable of being concealed upon the 26 person, outside .the building designated in the license, es to 27 provided the firearm is being donated for the purpose of is for 28 sale or transfer at an auction or similar event specified in 29 subdivision (g) of Section 12078. )f any 30 (2) The license or a copy thereof, certified by the 31 issuing authority, shall be displayed on the premises .and 32 where it can easily be seen, dings } ;, 33 (3) No firearm shall be delivered: 34 (A) Prior to January 1, 1996, within 15 days of the may 35 application for the purchase, or, after notice by the ion of 36 department pursuant to,subdivision (c) of Section 12076, ms' at 37 within 15 days of the submission to the department of Title 38 corrected copies of the register, or within 15 days of the sor, if 39 submission to the department of any fee required i any �, 40 pursuant to subdivision (d) of Section 12076, whichever 98 98 I AB 630 — 12 - 1 12 - 1 is later. On or after January 1, 1996, within 15 days of the r 2 application-for the purchase of a pistol, revolver, or other 3 firearm capable of being concealed upon the person, or, 4 after,notice by the department pursuant to- subdivision j 5 (c) of Section 12076, within 15 days of the submission to 6 the department of corrected copies of the register, or j 7 within'15 days of the submission to the department of any 8 fee required pursuant to subdivision (d) of Section 12076, 9 whichever is later. On or after January 1, 1996, within 10 10 days of the application for the purchase of any other i 11 firearm, or;. after notice by the department pursuant to 12 subdivision (c) of Section 12076, within 10 days -of the 13 submission to the department of corrected copies. of the ' 14 register, _or within . 10 .days, of the submission to the 15 department of any fee required pursuant to subdivision 16 (4) of Section 12076,'whichever is later. 17 (B) Unless unloaded and securely wrapped or 18 unloaded and in a locked container. 19 (C) Unless the purchaser, transferee, or person being 20 'loaned the firearm presents clear evidence of his or her ? r 21 identity and age to the dealer. `- 22 (D) Whenever the dealer .is notified by the j 23 Department of Justice that the person is in a prohibited 24 class described in Section 12021 or 12021.1.of this code or t 25 Section 8100 or 8103 of'the Welfare and Institutions Code. 26 (4) No pistol, revolver, or other firearm or imitation 27 thereof capable of being concealed upon the person, or i 28 placard advertising the sale or other transfer thereof,shall 29 be displayed in any part of the premises where .it can 30 readily be seen from the outside. 31 ' (5) The licensee shall agree to and shall act properly 32 and promptly in processing firearms transactions 33 : pursuant to Section 12082. , 34 (6) The licensee shall comply with Sections 12073, :y 35 12076, and 12077, subdivisions (a) and (b) of Section 36 12072, and subdivision (a) of Section 12316. 37 (7) The licensee shall post conspicuously within the 38 licensed premises the following warning in block letters 39 not less than one inch in height: ' 98 - 13 — AB 630 F the 1 "IF YOU LEAVE A LOADED FIREARM WHERE A ther 2 CHILD OBTAINS AND IMPROPERLY USES IT, YOU t, or, 3 MAY BE FINED OR SENT TO P111811N."PRISON. ALL ision 4 FIREARMS MUST BE LOCKED AND SECURED )n to 5 WHEN LEFT UNA TTENDED IN A DWELLING r, or 6 FAILURE TO DO SO IS PUNISHABLE BYA FINE OF :�any 7 $50x0. " .076, 8 (8) Commencing April 1, 1994, no pistol, revolver, or n 10 9 other firearm capable . of being concealed upon the ther 10 person shall be delivered unless the purchaser, it to 11 transferee, or person being-loaned the firearm presents .the .12 .., to the dealer a:basic firearm.safety certificate. the .13 " i,(9)• ::Commencing July 1, :1992,:the licensee.shall offer the 14 . to provide the :purchaser.or ransferee.:of a firearm, or ision 15 person, bung:,:•loaned ;a firearm, •with- a copy of the 16; pamphlet; described in Section 12080 and may add the or 17 cost. of the pamphlet., if any, to the sales price of the 1$ firearm. Bing 19 (10) The licensee shall not commit an act.of collusion her 20 as defined in Section 12072. ~' 21 (11) The licensee shall post conspicuously within the the 22 licensed premises a detailed list of each of the following: )ited 23 (A) All charges- required by governmental agencies le or 24 for processing firearm transfers required by Sections ode. 0 25 12076, 12082, and 12806. Ltion 26 (B) All -fees that the licensee charges pursuant to i, or 27 Sections 12082 and 12806. shall 28 (12). The licensee shall not misstate the amount of fees can . 29 charged by a governmental-agency pursuant to Sections 30 12076, 12082, and 12806. )erly 31 (13) The. licensee_shall report the loss or, theft of any ions 32 firearm that is merchandise of the licensee, any firearm 33 that the licensee takes possession of pursuant to Section :073, 34 12082, or any firearm kept at the licensee's place of tion 35 business within 48 hours of discovery to the appropriate 36 , law enforcement agency in the city, county, or city and the 37 county where the licensee's business . premises - are tters 38 located. 39 (14) In a city and county, or in the unincorporated 40 area of a county with a population of 200,000 persons or 98 98 AB 630 — 14 - 1 14 - 1 more according to the most recent federal decennial 2 census or within a city with a population of 50,000 persons 3 or more according to the most recent federal decennial 4 census, any time the licensee is not open for business, the 5 licensee shall store all firearms kept in his or her licensed - I 6 place of business using one of the following methods as to 7 each particular firearm: 8 (A) Store the firearm in a secure facility that is a part 9 of, or that constitutes, the licensee's business premises. 10 (B) Secure the firearm with a hardened steel rod or 11 cable of,at least one-eighth inch in diameter through the 12 -trigger:guard of the firearm. The-'steel rod or cable shall 13 be secured.with a hardened steel,lock that has a`shackle." 14 The lock and shackle shall be protected or shielded from 15 the use of a bolt cutter and the rod or cable shall be 16 anchored in a manner that prevents the removal of the 17 firearm from.the premises. 18 (C) Store the firearm in a locked fireproof safe or vault 19 in the licensee's.business premises. 20 (15) The licensing authority in an unincorporated area ' 21 : of a county with a population less than 200,000. persons 22 according to the most recent federal decennial census or 23 within a city with a population of less than 50,000 persons ry 24 according to the ,most recent federal decennial census 25 may impose. the requirements specified in paragraph 26 (14) . 27 (16) Commencing January 1, 1994, the licensee shall, 28 upon the issuance or renewal of a license,submit_ a copy i 29 of the same to the Department of Justice. 30 (17) The licensee shall maintain and make available 31 for inspection during business hours to any peace officer, 32 , authorized local law enforcement employee, or 33 Department of Justice employee designated ' by the 34 Attorney General, upon , the presentation of proper '' 35 identification, a firearms transaction record. 36 (18) (A) On the date of receipt, the licensee shall 37 report to the Department of Justice in a format 38 prescribed by the department the acquisition by the. 39 licensee of the ownership of a pistol, revolver, or other 40 firearm capable of being concealed upon the person. i 98 i - 15 — AB 630 << 1 B The provisions of thisparagraph shall not 1 to ,nnial ( ) p apply arsons 2 any of the following transactions: .nnial 3 (i) A transaction subject to the provisions of ,s, the 4 subdivision (n) of Section 12078. :used - 5 (ii) The dealer acquired the firearm from a as to 6 wholesaler.. - AOL 7 (iii) The dealer is also licensed as a secondhand dealer t part 8 pursuant to Article 4 (commencing with Section 21625) ises. 9 of.Chapter 9 of Division 8 of the Business and Professions od or 10 Code. :h the 11 (iv) The dealer acquired the firearm from a' person shall -12 who is licensed as a manufacturer or importer to engage iclde. 13 in those activities pursuant to-Chapter 44 (commencing from 14, with Section 921) of Title I8 of the United States Code and X11 be ,_ 15 any.regulations issued pursuant thereto. . if the 16 (v) The dealer acquired the firearm from a person 17 who resides outside this state who is licensed pursuant to vault E: 18 Chapter 44 (commencing with Section 921) of Title 18 of 19 the United States Code and any regulations issued 1 area ',' 20 pursuant thereto. ,rsons 21 (c) .(1) As used in this article,."clear evidence of his or sus or 22 her identity and age" means either of the following: arsons 23 (A) A valid California driver's license. ensus 24 (B) A valid California identification card issued by the ;raph 25 Department of Motor Vehicles. 26` (2) As used in this article, a "basic firearm safety shall, 27 certificate" means a basic firearm certificate issued to the copy 28 purchaser, transferee, or person being loaned the firearm 29 'by the Department of Justice pursuant to Article 8 ilable 30 (commencing with Section 12800) of Chapter 6. macer, 31 (3) As used in this section, a 'secure facility" means a or 32 building that meets all of the following specifications: .7 the ? 33 (A) All perimeter doorways shall meet one of the roper 34 following: 35 (i) A windowless steel security door equipped with shall 36 both a dead bolt and a doorknob lock. )rmat 37 (ii) A windowed metal door that is equipped with'both y the. 38 a dead bolt and' a doorknob lock. If the window has an other 39 opening of five inches or more measured in any direction, )n. 40 the window shall, be covered with steel bars of at least 98 98 i ' AB 630 — 16 — .1 16 —.1 one-half inch diameter or metal grating of at least nine { 2 gauge affixed to the exterior or interior of the door. 3 (iii) A metal grate that is padlocked and affixed to the 4 licensee's premises independent of the door and 5 doorframe. 6 (B) All windows are covered with steel bars. j 7 (C) Heating, ventilating, air-conditioning, and service 8 openings are secured with steel bars, metal grating, or an 9 alarm system. 10 (D) Any metal grates have spaces no larger. than six 11. : inches wide measured in any, direction. 12 (E) Any metal :screens have. spaces, no ;larger than 13 three:inches wide measured in.any.direction. 14 (F) AIIA6el bars shall be-no- further"":than'.-six:-inches 15 apart. 16 (4) As. used in , this section, "licensed premises," IT , licensed. place . of business," "licensee's place of 18 business," or "licensee's business premises" means the 19 building designated in the license. 20 (5) Forpurposes of paragraph (17). of subdivision (b):. 21 � (A) A firearms transaction record is a record j 22 containing the same information referred to in Section 23 178.124a and subdivision (e) of Section 1.78.125 of Title 27 24 . of the Code of Federal Regulations. 25 (B) A licensee .shall be in. compliance with the 26 provisions of paragraph (17) of subdivision (b) 'if he or she j: 27 maintains and makes. available for inspection during 28 business hours to,any peace officer, authorized local law .29 enforcement employee, or Department of Justice 30 employee designated by the Attorney General,upon the 31- presentation of proper identification, the bound book I 32 containing the same. information-referred to in Section 33 178.124a and subdivision (e) of Section 178.125_ of Title 27 34 of the Code of Federal Regulations. 35 (d) Upon written request from . a. licensee, the 36 licensing authority may grant an exemption from 37 compliance with the requirements of paragraph (14) of 38 subdivision (b) if the licensee is unable to comply with 39 those requirements because of local ordinances, 98 z: — 17 — AB 630 nine 1 covenants, lease conditions, or similar circumstances not 2 under the control of the licensee. co the 3 (e) Except as otherwise provided in this subdivision, and 4 the Department of Justice shall keep a centralized list of 5 all persons licensed pursuant to-' subparagraphs (A) to 6 (E), inclusive, of paragraph (1) . of subdivision (a). The .rvice 7 department may remove from this list any person who or an 8 knowingly or with gross negligence violates this article. 9 Upon removal of a dealer from this list, notification shall an .six 10 be provided to local law enforcement and licensing 11 authorities in the jurisdiction where the dealer's business than 12 is located.,-.The department shall make information about 13 an-imividual;dealer available, upon.:request, for one of riches `. 14. the.following purposes only:. . 15 (1) For law enforcement purposes. rises," 16 (2) When the information .is requested by a person :e of ,< 17 licensed pursuant . to Chapter 44 (commencing with is the 18 Section 921) . of Title 18 of the United States Code for 7. 19 determining the validity of the license for firearm n (b): -; 20 shipments. eeord 21 (f) The, Department of Justice may inspect dealers to action 22 ensure compliance with this article. The department may itle 27 23 assess an annual. fee, not to exceed eighty-five dollars 24 ($85), to cover the reasonable cost of maintaining the list a the 25 described in subdivision (e), including the cost, of or she 26 inspections.. Dealers whose place of business is in a luring 27 jurisdiction that has adopted an inspection program to al law 28 ensure compliance with firearms law shall be exempt ustice 29 from that portion of the department's fee that relates to :)n the 30 the .cost.of inspections.-The applicant is responsible for book 31 providing evidence to the department that the ection 32 jurisdiction in which the business is located has the Itle 27 33 inspection program. 34 (g) The Department of Justice shall maintain and the 35 make available upon request information concerning the from 36 number of inspections conducted and the amount of fees 14) of 37 collected pursuant to subdivision (f), a listing of y with 38 exempted jurisdictions, as defined in subdivision (f), the .antes, 39 number of dealers removed from the centralized list 40 defined in subdivision (e), and the number of dealers 98 98 AtF I' i p AB 630 — 18 — I 18 -1 found to have violated this article with knowledge or f 2 gross negligence. 3 (h) Paragraph (14) or (15) ,of subdivision (b) shall not 4 apply to a licensee organized as a nonprofit public benefit 5 or mutual benefit corporation organized pursuant to Part 6 , 2 (commencing with Section 5110) or Part 3 7 (commencing with Section 7110) of Division 2 of the 8 Corporations Code,if both of the following conditions are 9 satisfied: 10 (1) The nonprofit public benefit or mutual benefit 11 corporation obtained the dealer's license solely and E 12. exclusively to assist that corporation or local chapters'of 13 that corporation'mi conducting auctions or similar.events 14 at which-firearms.are auctioned off to fund the activities 15 of that corporation or the local chapters -o£ the 16 .''corporation'.' j 17 (2) The firearms are not pistols, revolvers, or other 18 firearms capable of being concealed upon the person. 19 SEC 2. Section 12079 is added to the Penal>Code, to 20 read: 21 12079. (a) This section shall be known and .may be 22 cited as the "Safe Storage Act." .� 23 � (b) (1) All firearms shall be locked and secured when 24 left unattended in a dwelling. Any person who violates 25 this provision is guilty of a misdemeanor and shall be ` -- f 26 punished by a fine of .five hundred dollars ($500) . 27 (2) As used 'iri this subdivision, the following terms 28 : have the following meanings: Mocked and secured"means an of the following: � 29 (A) . Lock y j 30 (i) Locked within a compartment attached . to the 31 structure, secured-by a firearm antitheft locking device, 32 secured by a cable or chain locked to the structure, and 33 utilizing a trigger-locking device. } ; 34 (ii) Secured within a gun safe attached to the structure , - 1 35 if the loaded weight of the safe is less than 200 pounds. 36, (iii) Locked and within a rigid compartment weighing 37 more than 150 pounds, such as a nightstand. 38 (B) "Unattended" means that the firearm is not under- 39 nder39 the supervision of a responsible adult. 98 v k, — 19 — AB 630 1 e or 1 (3) For purposes of this section, "handgun" does not g 2 include an "antique firearm" as defined in Section all not 3 921 (a) (16) of Title 18 of the United States Code or an aenefit 4 antique firearm as described in paragraph (5) of :o Part 5 subdivision (b) of Section 12020. art 3 6 (4) For purposes of this section, "dwelling" does not . of the7 include a recreational vehicle as defined in Section 18010 ins are 8 . of the Health and SafetyCode. 9 (c) Any person whose pistol,revolver,or other firearm enefit 10 capable of being concealed upon the person is stolen or v and 11 irretrievably lost shall, within .24 hours of his or her :.ers`of 12 knowledge that a theft or 'loss has occurred, report the ,vents 13, theft or loss to any local law enforcement agency of the ivities 14 city, county, or city and county in,which he or she resides. f the 15 The local law enforcement agency shall promptly inform 16 the Department of Justice of the theft or loss:" other 17 Any person who violates this subdivision is guilty of an :on. 18 infraction and shall be punished by a. fine of two hundred de, to- 19 fifty dollars ($250) . 20 SEG. 4-. ay be 21" SEC. 3. No reimbursement is required by this act 22 pursuant to Section 6 of Article XIII B of the California when 23 Constitution because the only costs that may be incurred plates 24 by a local agency. or school district will be incurred ill be W 25 because this act creates a new, crime or infraction, 26 eliminates a crime or infraction, or changes the penalty terms 27 for a crime or infraction, within the meaning of Section 28 17556 of the Government Code, or changes the definition Wig; 29 of a crime within the meaning of Section 6 of Article o the 30 XIII B of the California Constitution. vice, . 31 Notwithstanding Section 17580 of _the Government . and . 32 Code,unless otherwise specified, the provisions of this act 33 shall become operative on the 'same date that the act cture 34 takes effect pursuant to the California Constitution. nds. ,hing ender o 98 98 v y } , Z ' i I ' I I Or i I i I i r L Y To: , BOARD OF SUPERVISORS Contra r Phil Batchelor, County Administrator �Os+a FROM: L County - , May 10, 1995 DATE: coui+ SUBJECT: LEGISLATION: AB 631 (Davis) - CREATES A MISDEMEANOR FOR ANY PERSON WHO NEGLIGENTLY STORES A FIREARM ALLOWING A CHILD TO GAIN ACCESS TO THE WEAPON AND CARRY IT IN PUBLIC SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 631 by Assemblywoman Susan Davis which would create a misdemeanor for any person who negligently stores a firearm allowing a child to gain access to the weapon and carry it in public. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law establishes the crime of criminal storage. Criminal storage occurs when a person keeps any loaded firearm within any premises where a child under the age of 14 is likely to gain access to the firearm without the permission of the child's parent or guardian and the child gains access to the firearm. If the child causes death to himself or herself or any other person, the crime is first degree criminal storage, which is a felony or misdemeanor. If the child causes injury to himself or herself or any other person, the crime is second degree criminal storage which is a misdemeanor. Assemblywoman Davis has introduced AB 631 which, as amended March 27, 1995, would do the following: CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 16, 1995 APPROVED AS RECOMMENDED _X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County .Relations Committee to request . co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ---------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED_a _16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUP AND COUNTY A ISTRAT TY -2- Makes a person guilty of a misdemeanor if the person keeps a firearm capable of being concealed upon the person in any premises under his or her control and a child gains access to the firearm and carries it off-premises . ❑ This provision would not apply, however, if the child gains access to the firearm through illegal entry to the premises, or if the firearm is kept in a locked container or if the firearm has a locking device. AB 631 passed the Assembly Public Safety Committee on March 28, 1995 by a vote of 5 : 3 but failed passage in the Assembly Appropriations Committee on April 19, 1995 . cc: County Administrator Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn -- aar * - AMENDED IN ASSEMBLY MARCH.27, 1995 . CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION f J ASSEMBLY BILL No. 631 Introduced by A'ssembly:MemberDavis a zr;k a cp b, �c ��-. F�-*a"'?A}�f✓a@ 9i�, S,•rtk Ap'Lam'' , .,.,t ,- v. F,T i r 4.t✓� k..a ,7C h r .,, y T k rnary 21, 1995 y e,.,�ati�zx.,,�� t �" ) � 1� u c'1 .t ��z� �+� �t s �. P"415,'a4d 'a +'r� �t r5' 'tJi' ia'i dt�'"ki+•y(t• 7a`""«j u �'x ^t u.. ys f. #a Ftrx ''F, ,4grl �. ,yY ','yy�v 5 .Zrr-rJ i-}att "a • .c< •s t - ry J .d , i?. rA ,y u� k t ^tt,.,,t1 uj m � a t f ;. L'� * `+v if'•'a,f eAV"`°a+.7�.'sL CxEZ.ir'tq 'Y, r+-`'2 F . L ��4x"si�><'S�kk. ,'%zaiZlV�� �� �''�'Ld� Y .?�aP^(� rt( t� 3_ A'� "r�' a..`�E��..7r^� x .� �! • a wz w _ x eT a 4 4 r' Ana to See#-ie ` �ee add Section`12036 ` to, the Penal Code; relating to firearms LEGISLATIVE COUNSEL'S DIGEST ABS 631,:as amended, Davis. Firearms, (1) Existing law establishes the crime of criminal storage which arises when,a.person keeps any,loaded firearm within any premises that is under his or her-custody or control and as he or,:she knows or reasonably should know that a child under 14 years 4f age is likely to gain access to "the firearm without the permission of he child's.parent or legal'guardian.and,the. child obtains access to the ,firearm and thereby,: either „(a) causes death.or great bodily injury to himself, heiself,;or any other person, ;or (b) ,causes injury, -other than ..greaf".bodily injury, to xhuns 'ff. Herself,/or.,any>other Pearson or.exhibits the firearm either,m-a,publLc place or as specified A violation of ` a h is criminal Stora a in the; 1st de r'ee, punishable, as a -O g g misdemeanor,:,or:a felony, and :a violation of (b) is criminal storage in the 2nd degree, punishable as a misdemeanor. This bill,it addition;would provide that a person who keeps a pistol, revolver, or other firearm capable of being concealed t7 upon the person within an remise that is under his -or her custody tody orcontrol and he or she knows or reasonably should ii 98 (i ......... ... ........ AB, 631 know that .a childunder,�the tage of 18 years is likely to gain - access to that firearm without the permission of the child's, parent orlegal guardian and the child obtains access to that -firearm and carries it off premises, is guilty of a'misdemeanor. Thisprovision would not apply if the child obtains'.the firearm , as,,a.result.of an.illegal entry.into any premises-by,any person, the. firearm,is..k lbeked , or the firearm is ept.in a e..Because this bill would create equip ith, d!ev]Lc au, pe ajockipg anew crime,it would,'unpose ated,local program. as, and A Y VhI&_.:WtEfflfI TVZLFS Of Loy 11 Y S Jt W_f I unde JLJAL%.­ v Aff P his tS" _P M! rim A WX InS {3} The PONItsten. Stito �on­� _t 6' state to on requires f 10 r . �t, L r iinburse catagericieS and schooldistricts or certain costs er mandated'. by the Statutory provisions establish procedures for making .ihat.reimbursement. Ghat This bill-would:provide no reimbursementis-required by this act or dspecified reason. Appropriation; no. Fiscalcommittee: Yes jbrity.'r Stat&'-inandate localprogram: YPS-rL WS.,r -The pe 116 of the'st i&'of California do enact as follo PP. a 2 12021. 4 Or tli6, a N_AWIAA L" a lames%�PJL 16A i4eq',L Siette a 4 Apt"a-Iff 6 9F Or -1 A 8,ffeAef &t-e4 tft ffl I Vr JL'JjLe­ Wfte to. eteldiet6, ttse 7 8 fly} 8 -n Inag, w4e' i6p has in Ii44 hff areetie E owns er or 9'. laitdeo hie 6F h6p 6+ 66jItiae wty fiiegrfn ts, ki 10- ef 6 Feleity. - 11 +2+ A4y i3ersen' 'Whe. hI49L twe or mere eon-viet: ifer �'California h44 .,T j�la Ift. 14 12 V PftFagFfkPh Of Stlbdi-ViSi -(a+ of Seetien 444 98 - 3 — AB 631 1 aR4 who awns ei� has ift,his or her pesse siert ewhis :2 e her-6uste4y 4-'Oe el afly fr=ees i� goilty of f f 3 .. e 4 . ,h4seee ., ,.a e fele e . e€ ftft 6&14se - 6 ti fib,tie- • b : the 3ttve e eee-t 7 a fd4ate; .eat '�. eeie t . eke"erose-has IJ t hk � y ti>.;.q t � t•.t i•nv'3,. � •� f .a. �Yl t v t f .A .$`�,L�"i � y F 5 i E1V,k l�l �JLl�y.,.�'�t r y i:' ±a �y a `' 174., ' -+'Z�V!CJ t�,�' F •` �VFa� ZZQja� , S d$�►��!� Y �71p�3�Q^�jM k�t,�kAtbU 6k./�'.��(�� M�"+i/��`j��/��'�i 5� F � 315��k A3+^ir s 7 id.aVlFAid�fJ�F f�+ lJZV' 'F 17 66-9; a (}• ' Vlpeit� n1i1VV 7)y .. 199 {a} ;4 6 ei 86et4er� 20, ' 12320'.' "94• �9� 21 :a�Ar 8 . r e� 22 . to. 51:1` 23 cede; a 'ef the eat 24 T - °Seetie3 4207 25 Vie; �A a . 6f the ee�et 26 e - e '� fis a .. e 27,- a ^fes i gyri e€ a � e�� se,-,.: .sem be 28. pr t 29:1ee eeeeig 30 eeeeig:.ee= r s , 'e het :t 31 a :' ke'eat °e ire' 32 , ,r 33 e€ '�►eses :fie #mss u _ : 34 # eeee • 35 ; a eeiee a� -F } `pensee as i peflee .,rte a,. :�..:a 38 ie.: Seetiett 830. 830.2, 839:31, 2, 899.33; er 830 39 .. ,,.f,p,_ _nt 'er iheed is Elepef t erg to 40 affil` to leggy pessess etfid; a ie � to the 98 f, . . . .. t�-_.++ : .� •.amu:,�t` �') r 5 f ABS 631 — 4 1 '> _ . . a e€ a 2 . 014der .;0" 'r 3the eoo4 e anee relie er sholl be } the.eetwt in 5 __ the ithe e� 'was �� �a �€ # _ theLt 7 4, • j - ? tett S S 5 tti S RR i t 5 �, 6IaaM`++ V V r� ��•�� y -7, theMEE l y wide aYFT. '10 CTSC ' + 3. k r�����,^k„x,�i.E�a,r �.0 ro'd•, a ..at�`r rn�} 2 r� .� �+ s, � „5 IY S _ a � w y - i �� e 1 ry i t3�i Fs,�i x12 �R�v'P• 9AKfir. '�G. 8. t j$•�� .v1"5.a>rN{ V�. . rna5x- sg ; •tic aG11V�44 d sal as s i 7� �a �`t�Y �' �� 1Y {ig��'°rnp T� rY'i $♦.'"'}'a a F��"� _ y.�..'w?,�ptpy�ytvr�r^�"4� t.^r r,� It 5q>K G�6•�C7 LVlai a. RV Viiivi • �. r K �.:;� i TY�:yg ee .�. 7. F.n r` 16 9e ✓s {y 5 r Y 4 17n ie� 1-; e ee ' adie ftnd4�j 14- 23 €fie. ��e" g whon, the 245 -(fid- 25' � .' steft e 26 x eereer?5eeete - ' die . • k���LV Vi�Jiv++ i ��^ T `jyv rest of e eek - - 32 :#fie ibil/i j31 111 l.liV -33:: eke esIRgef ep 34 y } see a _ efl 35,: l ,. ' 36 =- e€ the eek � - 37 eeUnder.- 049 38 uses an� e Vie€ 39 sbe efffistftlecr to 40 eee�s to grant die€to a petR en�. is i 98 - 5 = AB 631 1 e€ #flebegislatwe e dei personse: e .,tea 'eaft speed 3, `OF 6 4 e seep # ie pr ex AffkY pere eke }s - e the, 7e 6..�99�; �� ate` LjJj4Xj f] . k epee Bee€, e s JUL teftP 10 reg � * ��V r i,LiV �,: a e.i y�•�� .�e Fe h+,, y�:"'f_��v,�`r� .}+� { r r 7���C�,,., r,,� y�� ffi <b�4 ��t '�� ��r 3 �.�+.�`Y k'rr: ,tx.t•w.e a�a� � s"'�R' �+' t r '�} � "Fri' 4T � ,„s � 14 ti �t "eJu .}'i G j _. 18 :&�_#fie ee}r�� d�ee�s �� ,, ';:,' • • VT 19 -( - e€fie 20 � . � � & f�-masae . 21: M . ' 22 -( - Ntt&fliftt the etitiener is k- 24 e S X1---, .the ee�r 25 e 11 ee #ire &; persen 26: :a.:� .:i.:.a . :8 SEBA e3.e€ the Were: 27 Y des 29 atter.,,. ,. �.28 �p r 1ZV lrY 11 .+11 ,30 � eees�e� the, 32 ! w� ` 34 : : eek e3�etse:,. e 35 : aeel�e€; s esus ek 38 39 r"6re t effieia4s wke enf-eree the 40 98 A.B .63I 6 . s °fie tt rme 'ree� rest,a� .;ems,t ff#!tted Ore-per-seir reliie fret-A the j 7 ser e =e e . 4.might �e - 4, t "j, 4t y 1 f' �ifl "SYY liV�Sd*.b .FY 5 W r F a x 'e v1 �. J(' ,5�.i �MW� `.✓•S6i + �t �'FFF���77 !f �t� (ai��7tj:V4ii i+1 � V�`1iV i.-i. fzr t - } �''"^y%�z """c'}�,Av�'ta • �Ft �Ft fY�t �py `Y .t i' rY `, _ f f • :L -- ,..y ..� , Fio`L } .t Y S ✓7"i kt • ' + „� roA' An''q,nxyy �.Cs • ..r2 1�p�' ,}'# +� s - M � tY 4 r+1 }15 � xtrf ✓. c54-c—; Fl; s rl o 1fi,Y �3N�j7 ilr 3ZZJLL n �:„�, . ewe e 18e:=fie eetrr ; e s AeShe the 20; luffefte€ -sc s s e .. # se r The 21: aa al �: a eepy of the er�e� e€ 22 `a€ . re =e a rmefie�64 the 25 e —A stibl&i8i { } of Seetiee ;1# 4 26: "a=0 30 31 .r a€# eke eer#fiezeg a€.dee 32 r7x e �eaea e r. se :e1 ease ,3445 37 � -fie} ems; eiee }pis e . hef 38 possessieft of unde or her 39 firettrM ttfttil ;of 38 . A yie4ett4ett e -this 40 g -vibme punishrseiief the 98 -- 7 — AB 631 1 seepIfteeettftty jag net emeeedi ene year-, boy t a fine eee s y 6F b�- .3 both The juvettoe eeer-t, off 4 . �, r -=em_L_� Department of ] shag ;L- �' L11G _r�- - Ji 5 � - �e a.,r�_�-w._�� of sebje4 to Otie 6 ',, ��_�,7,7:,,�. p+`,� 6th6r- i�t"V�" the, feims 7 e to be omitted te the 9y , , e 10 �� ,a;e€`a°` a #-fied�sye€die l v^w^ fA Yf rx,., f' X31} Y�.X iba q7•° " { ty sFth rr'v t2 f a�`qa) z 13 ; a?{ h y sA a4 e €ese # :r tX a.r r •' e; �� _-`J ^^tJ y 4r w rrcv&Juit� -}w.k r JLJL.LJL 15s''�Y"',p s ��� ">... l!"h � r^• L '�Si n � v � u..., .k4 a,, .Yy o-r.;.t �,� t, 1.7 e e ee e 19A5I�merlff se ire 6 PP[ 20 & e e ;. , a fi� keg thfit rPPP_ F� 21 he ," she �► - � 22 .6g �e1de- e �_ � � 23 _ purs�.te Seetie 24 6 ef x.914 the �e e€ 4:Pr .,..,,a.,w...� fs of 25 ,>> .,rvneirs v04ieh sheAl be pby 26 _ eke state er eee fret 27 ewefitte onethetISaftEl .28 - et: 3# a as 29 bd 30esi ee seed Oft the 31 erder-is isiatteEl eta' wee mi ; :,82 rehib46d' �.;, 33 1 - ^n �oef ex- wtse L !. 34 e a s�ee� g �e fop 35 e thie , of 0 eetirt pre-vided aetoal 36 Yerial wee 4 the frearm as 37 to £eeytien 6a@4 of the Family Vie. ..,t,e-ve.. 38` -subdiyisi does ttot ftpply if the fry i-&' d 39 Las of the of eeffiffittia property P' or-so. ant i 98 '_} 7i t.+-. .rte r f s r,,r,"r i r f r cs s, .•r }74k" -5Y}i; } i -, ... : • or}}cyL�.�,IG�;S�{`"°{� .. r "'"" ' `7�hLYSi3ri%d5f,{Leti�&,'v1'.diiv67.i�.63�.�5`.dS.v3'G3ia'31t:'�,.�3s '`moi` s�,:a:.x,S.^;• 'AR -631 : 8 — , l - e {-eerarigVV Kcal8ft98} .ofe . 2 =aed : 3 SEG. 2�1, I 4 SECTION- L Section. 12038 Is- added to ..the Penal , 5 Code; to read.' 6 12036. {a) ;:::As used in -this : section, the following } 7 definitions shall apply . k g device means a,device:that temporarily 9 s', thearm from fun e firctioning W', {2)"` Childs means a,person under.;the age of 18 _years $s r z --F4 �.. ,�v ,.x t'f Sr.ti L zY r c r Y 11 {3) ©ff prer xses ' means premises�other, than the < a , z e Y�€ ,5� # ^.s i $'»"j + 1* 3 �v�u�w a��h��4 ar i. ` K 12prenruses�where t1ie�yy earmwas"stored = fi s :'a"' '>. .."%T7L-:Jf .`14#*�7 4�„k ^X 1,�'p 4r: s -`.t1' rt.Y..-r �# *h - c�.: �L x� ',' a ti, i s"t-r.`�".;7 z - p§ kS3f ..S ,xi ds?"ws i'K.> .. +"f.'a �'" z«•J h� 1! z* 4 C 1 E� I3 {4);�sLc�cedconta�nerN ,has the.same meg as set SR t- r f 14afor#th xn subdivid), ©fSectaona412028 :15 b Ab e'rsonYwhokee s a, stol revolver, or ,other 16 ,frearm4 ,capable ,o � beu�g, concealed upon the person, . 17 loaded orunloaded, wxfiJhxn any_prer �i e that is under,hs 1.8 or,Y her custody or 4 control ,and he or, she ;,.knows .,or, 19 reasonably should know'that a child is likely to gain access 24 to that,'.firearm without the permission 6 `ahe ,:child's r�i1 _21: , parent or.:le aI ardian and the child obtains access,to - r g ,. .. 22. ..thAt ,firearm and : tlier'eafter . carries .. .,that firearm - 23 off,premises,.. shall.: be..,punished ,by imprisonment in a N . county j ad not exceeding : one year, by �a fine. .not 25:'_ exceeding one thousand dollars ($1;000)., orb both that 26 imprisonment ,and fine; f' s E 27 (c}>. AJ �.. rpzsto. revolver, orother.firearr capable. being coneealecl. upon the person ,that a:,child,,gains , lei access to ;and:: carries eff,premises in violation ; of .this 30 section shall be deemed"used in the commission.of any misdemeanor as, rovided in th�s.code or'an felon " for, 31 p Y Y 32 thepurpose:of subdivision {b►) of.Secton 12, regarding,, 33 . the authority ;.to ,confiscate, firearms 'and( other deadly r , i 34 weapons as a nu sance. 1 35 {d). Thus section.-,shall nat apply =if any one of the 1 36 fallowing circumstances exists. 1 37,, (1) The child .obtains the firearm pistol, revolver, or I 38 other firearm capable of being concealed ' upon the 39 person as a result of-an illegal entry,into anypremises by �{ 40 any person. 1 i - 9 — AB 631 1 (2) The r rearm pistol, revolver, or other firearm, y 2 capable of being concealed upon' the person is kept in a 3 locked container, a 4 (3) The firearm pistol, revolver, or other firearm, y 5 capable of being concealed upon the person is equipped 6 with a locking device. 7 SEG. t 8 SEC., 2.: No reimbursement. is required by this act, 9 pursuant to Section.6 of.Article XIII B ,of the California` 10 Constitution because the only costs that rn.ay be incurred l>1 by a local agency.:or school district will 'be-, incurred 12 because this act action; I3 , el'rrun aces'a crane car uifracton, or changes the penalty + s: { l4 for acrLme o`ra iifract�on, within ::the meaning woof Section 15 47556.b the Government Code o_r than es.the:defin�tlori g 16 . ofa crime: within the meaning .of Section 6 of=Article 17 XIII B f-,& ,California'Constitution .' 18 Notwithstanding :Section 17580` 6f the Dovernment 19 Code,unless otherwise specified,the provisions of this act 20 shall become operative on the same _date that the act ' 21 . takes effect pursuant to the California Constitution. IV 5* O aF. \ {{ 98 TO: BOARD OF SUPERVISORS Contra J r: Phil Batchelor, County Administrator Costa FROM: tl3r i< �A���• �•-,;*°� Count �..�. 1 May 10, 1995 7 CSV DATE.: LEGISLATION: AB 632 (Katz & Caldera) - AUTHORIZES DISTRICT SUBJECT: ATTORNEYS TO PROSECUTE THE ACT OF ILLEGALLY CARRYING A CONCEALED FIREARM AS A FELONY OFFENSE UNDER SPECIFIED CIRCUMSTANCES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 632 by Assemblyman Richard Katz and Assemblyman Louis Caldera which would authorize District Attorneys to prosecute the act of illegally carrying a concealed firearm as a felony offense under specified circumstances . BACKGROUNDS On May 2 , 1995, the Board of Supervisors asked that staff return to the Board with an analysis and, recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Under existing law, a person who carries a concealed firearm on his or her person, or within a vehicle, is guilty of carrying a concealed firearm punishable as a misdemeanor or a felony. This offense is punishable only as a felony where the person previously has been convicted of a felony or a specified firearms offense. Assemblymen Katz and Caldera have introduced AB 632 which, as amended May 3, 1995, would do the following: ❑ Make this offense punishable only as a felony in the circumstance where the firearm is stolen. ❑ Make this offense punishable only as a felony in the circumstance where the person is an active participant in a criminal street gang. CONTINUED ON ATTACHMENT: YES SIGNATURE-eajg�� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):: ACTION OF BOARD ON May 16# 1995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ---------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May ,16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 UPERV RS AND COUNTY ADMINISTRATO -2- ❑ Make this offense punishable only as a felony in the circumstance where the person is not in lawful possession of the firearm. ❑ Make this offense punishable only as a felony in the circumstance where the person would not otherwise be eligible to obtain a firearm permit. Existing law provides that every person who carries a loaded firearm which in any public place or on any public street is guilty of a misdemeanor. AB 632 would do the following: ❑ Provide that a person who violates this provision is guilty of carrying a loaded firearm. ❑ Make this offense punishable as a felony if the violation involves any circumstance described above. AB 632 passed the Assembly Public Safety Committee on April 4, 1995 by a vote of 7 :0. The bill is currently on referral to the Assembly Appropriations Committee. cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn r AMENDED IN°ASSEMBLY MAY 3, 1995 AMENDED IN ASSEMBLY APRIL 18, 1995 AMENDED IN ASSEMBLY MARCH 30, 1995 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION . . . ... ... . . ASSEMBL Y BILL No. 632 Introduced y Asseinb'ly Member Katz _ r 1 �(Coa�uthor:�As"se'mblyMember Caldera) K Cp t'+. t3",, • J � :i 7 s February`21, `1995 A An act to amend Sectiops 12025.-and,12031.of, e 43!50 :,t,6-,- and.to,'repeal:;Section 12031.5 of, the=Penal Code, relating'to firearms. ki LEGISLATIVE COUNSEL'S,DIGEST AB 632, as amended; Katz: Firearms: (1) Under existing law,::a person who carries ,a-concealed firearm .on his ,or her.,. person;..gas specified' :of.,,within .any vehicle,; as�specj ed; is uilt .of.cari .:a concealed firearm - rn ' un�shable. .as<:a .misdemeanor or .a.'felony. ;Ths-. offense .is p punishable only as .a felony where the;person:previously has been;,convicted of a felony, or a specified firearms'offense. This bill would also. make this *_punishable only as a felony in the circumstance where the firearm is stolen, or the person is an active participant in a criminal street gang,. as 5 defined, or the person is not in lawful possession of the firearm or would otherwise not be eligible to obtain a firearm,-permit. By increasing the punishment of an existing crime, this bill would create a state-mandated local program. 96 4 1 AB 632 — 2 — (2) 2 -- (2) Existing law provides that every person who carries a loaded firearm'on his or her person or in a vehicle while in any public place or on any public street, as specified, is guilty of a misdemeanor. This bill would provide that a person who violates this provision is guilty of carrying a loaded firearm: The bill would make this offense punishable as a felony if the violation , involves:_any circumstance described in (1) above, thereby imposing a state-mandated local---program :by:increasing the punishment of an'existing crime. 3, 'Under 'existing law, O g every person who las :been convicted reviousl of carr in a loaded firearm m`violation P. Y. Y g F an , ,w, o carries a#loadedkfirearpr person. or in a vehicle while. n any public place or on any pubhc street; as specified, is guilty '-of a -.public offense punishable by imprisonment in the state ;prison or, in: a .county.��ail not'~ exceeding one year.. `Existing ` law`` .also specifies --that, notwithstanding this provision, any person who has been convicted previously of violating (2) and.who violates this provision'and is actively engaged in, or going to z or from, a' recreational sport, including competitive shooting that may require the use of a firearm is guilty of a misdemeanor: This bill would repeal and recast these provisions for purposes of (2) above. {- } gfor # e of er�er reeerd infer= n for emeses, of-, frmettg esker Pits we#ld, r-equire the Atternev ire i LZ' p eg,ef perse� eharged.w of` felaR4es invelviAgear g>eene ale er leaded .fT . 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. 96 r.' — 3 — AB 632 ies a The people of the State of California do enact as follacvs: any of a 1., SECTION 1. This act shall be known and maybe cited 2 as the Anti-Street Crimes Act of 1995. this3 SEC.. 2. Section 12025 of the Penal Code is amended )uld f to read: tion 5 12025. (a) A person is guilty of carrying a concealed •eby a=' 6: firearm when he 'or.she does any of the following; the 7 (1):.,Carries concealed within any:`vehicle which is 8 :::under l is oc=her`control or.direction?any pistol,revolver, een 9 nsor,other-� firearm',capable, Of:,bezng"`concealed 41pon1he tion lU a.person t nCarries b concealed `upon .ms.. or-­ .soher person any F ' t 12 pistol; y Tevoerk ,firearm a capable��of'. being eet, K , by 13 °.concealed upon.the person riot 14 {b} Carrying a concealed firearm m 'violation of flus _;,section is:punishable;.as follows. een 16 (1) "Where the ;p'erson:prev ously.has' been con icted this 17-,,' of:any. felony; or:,of any.crime 'madepunishable by this a, a -'18. . chapter,. as a felony: nay l9 (2) Where.the firearm is stolen,`as a:felany 20 3 Where the. erson is :an active ( } p participant in "a for 21x:,criminal street, gang, as .defined. in subdivision (a) of 22 Sectibn.,186.22; under the Street Terrorism. Enforcement (0 23 and Prevention Act {Chapter 11 {commencing- with 24 : Section 186.20) of Title 7 of Part 1) , as a felony. 25 '(4) Where the person isnot in lawful:possession of the 26 firearm; or would otherwise not be eligible to obtain a 27. firearm:permzt pursuant to Section 12050, as a'felony. 3 Oft 28 {5) Where. the person;has.been convicted of a crime 29 against ;a person, or ,property; or. of a narcotics or 30 _Fdangercius dr.:ug, violation, by_imprisonment in the state ted 31.:. prison; or by imprisonment in a county jail-riot to exceed one; year, by a `fine not to exceed one thousand dollars 33 {$1;000); or by both that imprisonment and fine. red: 34 . (6) Where the person is in lawful possession of the 35 firearm.,,or would otherwise be eligible to obtain a,firearm ices. 36 permit .pursuant to Section 12050, by imprisonment in a 37 county jail not to exceed one year, by a fine not to exceed 96 96 4 --� thousand dollars ($1,00%- or by both that ) 2 imprisonment and fine. 3 (7) In all cases other than those"specified in paragraphs 4 (1) to (6), inclusive, as a misdemeanor, punishable by 5 imprisonment in a county jail not to exceed one year, by 6. `a fine not to exceed one thousand dollars ($1,000); or by 7 both that imprisonment'and fine. 8 c 1 Ever erson convicted under this section " { ) ( . } y p 9 who "previously, has ;been convicted of a misdemeanor 10 offense enumerated �n Section 120016 shall be punished 11 by,unprisonmentansa countyaailfor-at least three months 12 andnot exceed�ng`s�x moms, or, �f granted probation,or 6 s. t tf the"<execution orun osition3 of sentence �s`sus ended :it p p ti , 14 slia'll�dFb a corichti+�ny'thereof that he or 4, be imprisoned '15 zn a county fail for'at leastthreeim,onths, - 6r {2) Every pens©n}can�netecluncer.this°section who las 17 previously been convicted of any felony,'`or -a hycrime 18 made punishable by:this chapter, �f probation is granted, 19 or iflie:execution_or imposition'of sentence is suspended, `20 'it shall be a condition thereof that he or she beimprisoned 21in a��county jail for,not��less-than three months 22 , (d) 'The"court shall apply the three-month minimum 23 sentence as specifiedin'subdivision-(c);except in unusual 24 cases.where-the interests of justice would best be served }` 25 by,",granting probation'or suspending the imposition or 1 26 execution of sentence without the minimum 27 "� imprisonment:required �.n subdivision (e) or by granting I 28 probation.or�"suspending the imposition `or execution of 29 sentence;.with..conditi.ons -other than those ,set 1orth mi 30 subdivision (e),.in wh ch case; the "court Shall specify on 31 the >record and shall . enter on . the: minutes the ! 32 „•.'circumstances :md�.eating that 'the interests of justice . 33.-:'w oul&best be served by such a�,disposition. 34 {e} :Firearms :carried- openly_In belt`holsters are not 35` concealed within'the meaning of this section. C 36. SEC. .3. Section 12031 of the Penal Code -is amended 37 to read: 38 12031 (a) (1) A person is guilty of carrying a`loaded 39 'firearm when he or she carries a loaded`firearm on his or 40 her person or in a vehicle while in any public place or.on i 96 I AB 632 .at 1 any public street in an incorporated city-or in any public 2 place or on any " public street in a prohibited area of hs .3 unincorporated territory. oy 4 :(b) Carrying a. concealed firearm in violation of this by 5 section is punishable, as follows: by 6 :(1) Where the person,previously has been convicted 7 of an felony, or of any crime made punishable .by this 1 0 / 8 chapter; as a felony. gin,. -, .or , _ 9: (2) Where the Are is stolen, as a felony; ed 10: (3) Where the person ;is an; active participant,in ,a s 11: crunmal street,{gang, as defined. in.,subdivision (a) of Section 186 22,,under the. Street Terrorism Enforcement Pr 13 4 andPrevention ti�Actg�s(�hapter 1.1 t (commencngt =with '� u _ t , x �S,ection 18620) of Title 7 hof Part 1), as;a felo�iy Z zyr= i 3; y Where�the person xis not zn,lawful possessiontiof ias 16 firearm; or' would otherwise not ;be eligible#to obtaiOil a ; 17 firearm,ipermit pursuant to.Section 12050,�-as a,-&lo neny 18. (5) Where the .person has:;been convicted of a crime d' T9j ,against a' .person or :property, or , of a narcotics ,or .a, ed 20 .dangerous drug,violation; by.imprisonment,in,the tate 21 prison,:or.:by imprisonment iri a coup-ty jail-not to exceed 22 . 'one ,year, by a:fine not to exceed one thousand;dollars. im al 23 ($1,000) by both hat imprisonment and fine ed 24 ; (6) Where the:.-person-;is in lawful possession .of the or - 25 firearm,or:would.otherwise be eligible to obtain a firearm 01 . 26 permit pursuant to Section 12050;.:by -imprisonment in ,a ig 27 county jail not t0 exceed one year; by a fine not to exceed . of 28 one thousand, dollars `($1,000), -or . by both ,;that 29- Am.prisonment,and fine in 30 (7) Nohung in:thissection shall preclude..prosecution: on 31 under-Sections 12021 :and 12021.1 :of this :code, Section the -- '32 8100 or 8103 o£the.Welfare:and Institutions Code,.or any, .ice 33 ' other-law with a-greater penalty than this. section 34 (8) ;Notwithstanding paragraphs (2) and; (3) . of aot . . , S 35 subdivision (a) of.Section.836, a:peace officer may make led 36. an arrest without a warrant: 37 (A) When the person arrested has violated this. led 38 section,,although not in the officer's presence. or 39 (B) Whenever the officer has reasonable cause to on sem. 40 believe that the person to be arrested has violated this 96 96 AB 632 — 6 - 1 6 -- 1 section, whether or not this section has, in fact, been 2 violated. 3 (9) (A) Every person convicted under this -section 4 who, has previously been convicted of an offense 1 5 ' enumerated in Section 12001.6, or of any crime made 6 punishable under this chapter, shall serve a term of at .7 least three months in a county Jail, o or, if granted 8 probation, or if the execution or,imposition of sentence is '9 suspended, it shall be a condition 'thereof that.he or she 10. !be imDrisoned for. a,period of a.t least .three months. 11 (B) ; The:court shall:apply;the:three month minimum 12 Fsentence _except in;unusual <cases iwlieref the}mtere is of 13 3ustice, would .best be by `served �kgranting probation or s - 14 s� spending, the imposition or eXecutionx' of 4 sentence 15Y witli`out the�xminimum imprisonment,'requiredin this 16 subdivision or,b rantu� robation fox sus endin the yg' gp p g 17 imposition or execution of sentence with conditions other' 48 -than5.those' set forth in this subdivision, iri which case, the 19 :court, shall specify on the record an&shall enter "on the 20 minutes the circumstances indicating that the interests of 21 justice would best beserved by that disposition. 22 (10):, A violation of thissection which is punished by 23 imprisonment' in a county jail not` exceeding one year 241 shall not,constitute a conviction of a crime punishable by 25 ;.imprisonment 'for aterm : exceeding one'year: for the purposes mining fp of deterderal firearms eligibility y .27 under Section 922(g) (1) of Title 18 of the United States 28 Code. 29 (b) Subdivision (a) shall not apply, to any, of the � 30: following:. `Peace officers listed in Section .'830:1. or 830.2; X32 . whether active �or honorably : retired, other duly .33appointed: peace officers, honorably retired peace 34 officers,-listed in subdivision (c) of%Section 830.51 other -35 honorably retired peace officers whol during the course 36 and, scope of their employment as peace officers were 37 authorized to, and did, carry firearms, full-time paid 38 peace officers of other states and the federal government 39 who,are carrying out official duties while in California, or 40 any person summoned by any of those officers to assist in 1 96 — 7 AB 632 'en t 1 making arrests or preserving the peace while the person 2 is actually engaged.in assisting that 'officer. Any peace ion 3, officer .described in this paragraph ' who , has been ase 4 honorably , retired shall .be issued- an identification tde 5 certificate by-,the law enforcement agency, from which at 6 , the officer has retired. :The issuing agency may charge a tedr 7 fee necessary-to cover,,any reasonable expenses incurred e is 81, by, ;the :agency in' .issuing certificates pursuant -to this she ` 9 paragraph and paragraph (3) -10 Any ffi ocer,=except an officerlisted in Section'830:1, j 11 830 2, or sub �siori'(c)';'6 Section.830.5.who retired prior 1 - ofrJanuary ,1; 1981; shall have an endorsement on the . or }� s13d;aidentificationcext�ficate`statingf°that'the :issuing agency 14 approves nth"e officen'scarrying hoV"a loaded firearm ' his15rNofiericlarsemritik ;orreriewalidorsement $issued the 16pursuant to paragraph (�2)lshall be effective unless it isan her 17 he format set4 forth yin°-:sub ara a D. of.M ara ra h P ' P ) P CX P ,, S'.. F the ;18 (1) of subdivision (a) .of Section 12027, except that any' ,:. the h4 119-,!,peace officer`listed m" ubdivis on;�(f) of 8ectiori'830 s of 0 20 nsubdivisiori (c) of Section 830:5;who is retired 'between 21. January 2;'1981, and'on or before'December 31 `1988, and by 22 who:is authorized 'to carry 'a Ioaded,firearm pursuant to ear 23 this section;shallnot be required to have an endorsement by 24 in.the format.set forth iii,Subparagraph (D) of paragraph the (3025-,, , (1) of subdivision (a) of Section 12027 until the time of the lity 26 issuance, . on or ..after: .January l; 1989; of a renewal Ltes 27 endorsement':pursuant to:paragraph' (2) 28 (2) A retired peace officer; except an officer listed in the r 29 :Section 830 L1,830,2 or`subdivision :(cY. of Section 830.5 30 who retired-'prior to January 1, 1981; hall 'petition the 0.2; M `4ssuirig agency.for renewal�of his-:or-her privilege to carry my, 32 a loaded firearm every.five-years Ari .honorably`retired ace 33 peace officer listed_ in Section 830:1 or,8302 or suh'divisiori her 34 . (c).,of::Section 830.5 who retired:prior t January 1;1981, irse 35 ..shall not be required to'obtain an endorsement from the ere 36 issuing agency to carry a loaded firearm:The agency from )aid 37 which a .peace officer, is honorably -retired' may, upon ent 38 initial retirement of the peace officer; or� at- any time or 39 subsequent thereto, deny or revoke; for good cause, the ;t in �„ 40 retired officer's privilege to carry a" loaded firearm. A 96 96 l AB 632 — 8 1 ' peace officer who is listed.:in pSection 830.1 or 830.2 or 2 subdivision (c) of Section 830.5 who is retired prior to 3 January 1; 1981) shall have his or her privilege to'L carry.a 4 loaded firearm denied or revoked by having the agency from: which the officer 'retired "stamp ,on the officer's 6 identification`certificate "No.CCW .prle e " �ivig 7 (3) An.honorably retired peace officer who.is listed in 8 subdivision (c) of Section 830.5 and authorized to carry 9 loaded firearms by this-subdivision shall meet the training 10 requirements of Section 832 and 'shall qualify with: the 1:1 firearrr� at least annually The individual,:retired peae`e 12 officer,' shall the responsible or",.rnaintaming his for ler 13 eligibhty4t^o carry�aloaded, rearm The Department of 14 Justiceshalli provide subsequent> arrest ti notification s Gr r; 15 pursuant to Section'`1z1105 2 regardlirig honorably bretired 16 + eace officers listed`in subdivision c of Section830 to p: ( . J 17 the agency from which the'officer}has retired T8 (4) Members of the military f orces of this state or of the 19 United States engagedin theperformance'`of their dunes. 20 ersons 'whowhdr, are using' target -ranges for the :21 purpose of practice shooting with a firearm or.. who are s 22 members of shooting clubs while hunting on the premises '23 of diose clubs 24. (6) The carrying,of pistols;revolvers, or other firearms 25 capable of being concealed-upon the person by persons 26 who are authorized to carry'those weapons,pursuant to 27 Article 3 (commencing`with Section 12050) of Chapter 1 28 of Title_2 of Part 4 i 29 (7) Armoredvehicleguards, as defined in Section 752'1 30 of the Business and Professions-Code, {A) if hired.,prior. 31 January 11977,• or:. (B): ifhired on.or after that date;°if they 32 have `received a `firearms qualification card from the 33 Department °of Consumer Affairs, `in ea`cli case while 34 acting within the course and.—scope"of their employment. 35 (8)' Upon approval of the sheriff of the county in which 36 they reside,honorably retired federal-'officers or agents of 37 federal law enforcement% agenciesincluding, but' not j X38 limited to, the Federal-Bureau of Investigation; the-secret 39 Service, the United States Customs Service, the Federal I 40 Bureau of Alcohol, Tobacco, -and Firearms, the Federal iJ, 96 9 — AB 632 or 1 .,,Bureau of. Narcotics, . the ,Drug Enforcement to 2 Administration, ;the United States Border Patrol, and y.a 3 - officers or agents of the Internal Revenue Service who icy . 4 were authorized to, carry weapons while an duty, who ,res . 5 were assigned to, dutywithin the.state for a period-of not 6 less than.one year, .or,who retired from active service in Cin 7 the state. try ? 8 Retired federal officers or agents shall, provide the M9- 9 sheriff with .certification..from; the agency from. which the 10 ;they retired° certifyng :their service, in the state, the xiature of their retirement, and indicating the agency's ler X12 concurrence that the retired federal officer ,or agent a r < a t . of X13 should be aecorded�theprivilege of carrying a loaded iony 14 firearm ° 0. e SSM � n c 8 at k: reel "" Y fi' 15LJtpan approvals the sheriff shall issue,a permitgta the-'-, x i n yr, a .: h . it Y i to I6, retired federal office' ors,agent.zndicating that e or she 17 may carry, a-164( arinin accordance with this the 18 .-,.para, a h The ermt steal p l be valid .for a .period not les_ 19 t:exceeding five years,:yshall be carried'by the retiree while the ' 20 carrying a loaded firearm, and may be revoked:for:good are 21; cause ises. 7 The sheriff of the county in which the :retired federal 23 _officer or ,agent resides-may.require recertification prior ems :24 to.a ,permit renewal;.:and may -suspend the privilege for oris0. 025 .cause. The sheriff may chargera fee necessary to,cover any t to 26 - .reasonable expenses incurred:by the county. Subdivision: (a,} shall ;:not ,apply, to any ;of the 28._ following-'who, have completed," a , re lar course in 521 29 firearms;training approved by the,Commission on Peace into . 34 ;,,Officer;Standards..and.Training: hey ._ 31 (lw} Patrol :special ,police `officers :appointed by the the .32 police commissican of any,city, county,:or`city and:county hile -33 under'the express terms of.its charter who'also, under the. ant, 34 :`express-terms_of the:charter, (A} are.subject to suspension -35 ,: or:dismissal after:a.hearm on char es dul filed with the g Y ue ;36 commission:after.a fair:and im artial trial, B} are not less is:of p 3.7;­.'than 18 ears of a e or. more than :40 ears of age,, C not: �. Y g. : Y g � ( } ^ret .y, 38 :possess ;physicaL qualifications ; prescribed by the eral 39 commission, ; and (D) , are designated by the police ural 96 96 AB 632 = 10 -- i 1 commission as the owners of a certain beat or territory as 2 may be fixed from time,to time by the police commission. 5 3 (2) The carrying of weapons by animal control officers 4 or zookeepers, regularly compensated as . such by a 5 governmental agency when acting in the course and 6 scope of their employment- and when designated by a E 7_ local ordinance or, if the governmental agency is not authorized to: act by ordinance, by a resolution, either 9 individually-.'or by- classto ' carry the, weapons, or by 1Q persons :who are -authorized 'to carry ` :'he `:weapons l l pursuant ;to Section"607f of the Cival Code, while actually lr2c engaged ina the performance;of'theif duties pursuant to t �vpJ^ y t13� that yid iJ3 µA t "14 ££r` 3} �Harbor police* officers designated pursuant to x , r{r . *, *"ms's ... a 4 t 15 Se'ctiMn 6 5hof'the Hf arbors'andfl�Tavigat on Cade: i16 (d)f xSubd�visxon (a) xtshall not apply k°to any of the 17 followingswho have b'eeri issued-a certificate pursuant to , 18 :Section 12033. The certificateshall,not be required or any 19{ 'pers'on W o'is a peace 'officer; who' has 'completed all 20 : training-,required :`by'.law for the exercise`of his or her 21 power as a peace officer, :and-who is employed while not 22 'on duty as a peace officer. = 23 (1;) .. Guards"or messengers of common carriers, banks, . '24 .-and-.other financial institutions while actually,employed ,25',.' in and-about-the shipment, transportation, or delivery of 26 any money; treasure, 'bullion, bonds, or other thing :of 27 value within this state, - 28 (2) . Guards`'of contract carriers' operating `armored 29 vehicles pursuant to �� California Highway Patrol and � y 30 Public.,Util ties Comm' ission author ty.�(A) 1f hired prior 31 to January 1 1977, or `(B) if hired ori'or after, Janivary1, 2 .J977.;if the `have coin feted a course'1n the'carr In and Y , p v 33 use of;firoarm which meets the=`standards prescribed by a 34 , the`'Department of Consumer.Affairs {.. . 35 (3) Private investigators and private patrol operators 36? .who are licensed pursuant to Chapter,11.5 (commencing 1 37 with Section 7512) of, and alarm company operators,who 38 are licensed pursuant to Chapter 11.6 (commencing with 39 Section 7590) of, Division 3 of the Business and 1 .J ss. - 11 — AB 632 ry as 1 Professions..Code, while acting within the course and sion. 2 scope. of their-employment. vers 3 (4) Uniformed-security guards or night watch persons . ,y a 4 employed by any public agency, while actingwithin the and 5 scope and,. course.of-their employment. by- a 6, (5) Uniformed security. guards, regularly employed c not 7 , and compensated i in that capacity by persons engaged in ither 8 any .lawful: business, and ,uniformed alarm agents r by 9 . ;employed by.an alarm. company toperator while actually pons :,10 engaged in..protecting. and preserving:, the,;property` of ually i 11 ` their employers or on:duty or en route to or from their at:I0 12f G residences or:;their.- places of, employment, and security Y3 , guards andalarrnt, agents ;.en ;route{ to or from", thein it y.to 14 residences or�employer.yrequired range'trainmg# Nothing 15 in this paragraphlsliall beSconstrued'to prohibit cities and the 16 counties -from enactuig `:ordinance requiring :alarm nt`to 17, agents tor tegister,aheir.names F ang 18 (6)v. Uniformed,:employees of private patrol operators d all 19 _: and ;private investigators licensed pursuant to Chapter her 20, :11.5 (commencing°with Section,7512) of Division 3 of the not Uj 21.. Business and Professions Code, while acting within the . :22 course and scope, of their employment: inks, 23 (e). : n,order to.determine whether or nota firearm is Dyed 24 loaded for thepurpose :of enforcing this section; peace ry of : ,25, officers-are authorized to examine any firearm carried by i -of 26 . anyone on his.or,her, erson or-in a vehicle_ .while in an g Y P Y 27: public ;place or on any public street in an,incorporated .ored 28.. city or prohibited area-of an unincorporated, territory. and 29;, Refusal :to, allow :a, peace officer to inspect a firearm prior 30 pursuant.to this :Section. constitutes -probable :cause for !ry 1, 31 :arrest for;violation:of thissection and 32.: '(f),.,As:used in;this section; "prohibited..'area" means ,d by 33 any place where it is unlawful to, discharge a weapon. 34 (g) A firearm:.shall be deemed to be loaded for the ators 35. purposes .of -this section when there is an unexpended Lcing 36' cartridge or: shell, consisting of a case which holds' a who 37 charge of powder and a bullet or shot, in; or attached.in with 38 any manner,to, the firearm,including, but not limited to, and 39 in the firing chamber, magazine, or clip thereof attached = 40 to. the firearm; except that a muzzle-loader firearm shall 96 - 96 v,:'+.+.v.v s�,r4..G...i.f ...irc vL.(...::,i'.....'.. 'v'. ........•v. .>...r.. r .ii...SJ.S.i.i3c .Ya, .. . c .j.A . ..... r.. . .-.. .... • . ;f AB 632 — 12 — 1 be deemed to be loaded when it is capped or primed and 2 has a powder charge and ball or shot in` the barrel or. 3 cylinder. 4 (h) Nothing in this section. shall prevent any person 5 engaged in any. lawful business, including. a nonprofit 6 organization, or any officer, employee; or agent 7 authorized by that person for lawful purposes connected 8 with that business, from having a. loaded firearm within . 9, : the person's place,of business; or any-,person- n lawful . 10 possession of. ;:property from .having a loaded 11 ,:firearm oriAhat;property Nothing. in>tins section sa hll,preventany, ,person 13 :from carrying; A ;loaded ,firearm m an; :area within an 14} ncorporated, city while engaged gn hunting; provided 15 Ghat "the:hunting at that "place and time is notprohibited 16 by'the city council: ;. 1 1. 171 . 11. W :, (1)' Nothing in this section is intended to preclude 18 thecarrying of any Goaded firearm; under.circumstances 19 where it ,would 'otherwise_ be. lawful;, by a. person who 20 reasonably"believes that the person or property.of himself 21 ..or herself or,of another is'in immediate; grave.danger and 22 that the carrying of the weapon is necessary for the 23 preservation` of that person or property. As,used in this 24 subdivision,."immediate" means the brief interval before 25 and after the local law, enforcement agency, when 26 reasonably. possible, has been notified of the danger and 1 27 before the arrival of its assistance. 28 (2), , A .violation of this section Js _justifiable when a 3x R 29 person who. possesses:,a'firearm reasonably believes that 30 he or she .is .in grave ,danger because of circumstances 31 'forming the basis of a.current restraining,order,issued by 32 a.court against another person or persons who-has or.have 33 been found to:pose athreat.to his or her life or safety. This 34 paragraph may not apply when "the circumstances 35 involve a mutual restraining order issued pursuant to 36 Division 10 (commencing withSection 6200) of the 37 Family Code absent a.factual,finding of a specific threat 38 to the person's life or safety. It is not the.:intent of the 39 Legislature to limit, restrict, or narrow the application of 40 current statutory orJudicial judicial authority to apply this or a y 96 I -- 13 AB 632 and1 other justifications to defendants charged with violating ,l or, - 2 Section 12025 or of committing other similar offenses. 3 Upon trial for violating this section;the trier of fact shall rson 4 determine whether the defendant was. acting out of a rofit 5 reasonable belief that he or she was in grave danger. ;ent 6 (k) Nothing in this section is intended to preclude the 2ted 7 carrying.of a loaded firearm by any person while engaged thin 8 inthe act bf making or attempting to make.a lawful arrest. Nful 9 (l) Nothing in`.this section shall prevent any person .ded 10 `f bm having a loaded;weapon, if it is otherwise lawful, at 11 his or her plate of< residence; inclu.d�ng any temporary rson 12 residence or campsite :an on12o315 yof the Penal Code is repealed. ded it ed 15 16 a .` e ude 17 al" e ai e -te li ices 4, 18 9 ilei.:;ef. pets�9. ►uho 19 fel( 414fer #-he,pre"etts self20'. tale and 21 aftd ethfti; e€ the per-serr, eh rged: Felefty the 22 prefiles les 9h4l ftet inehide fele to this23 } e€ ei$r -{- } Seetieft fore 24 SJE6- hen 25 " SEC: 5 No reimbursement, is required -by. this act andr pursuant to Section 6 of Article.XIII B of the California 27 Con titutioi because the onlycosts that may be incurred .n 'a 28 ` by :a local agency or school district will _ be incurred . that 29 because this act creates a new came or infraction, ices 30 eliminates.a crime or infraction, or changes the penalty - ices by 31 for a crime or`infraction, within the.meaning of Section gave 32 - 17556 of the Government Code, orchanges the definition This ry '33` 'of a.crime within Lthe meaning of Section 6.of Article XIII ices ,, i 34 B of the California Constitution. - t to 35 Notwithstanding Section 17580 of the Government the 36 Code, unless otherwise specified, the provisions of this act neat 37 shall become operative on the same date that the act the 38 takes effect pursuant to the California Constitution. n. of s or 0 96 96 .�. +� � t� \I. �. �. . i .. _ A � � _ - 5 ,. � �� -3 � � .. .. r -' �' . f ;.,,. - � � �# .. � - `' ` - �� �� �._. 4 ��� '- � � , rI Y �i55 . .. .. 1, � 4 M1. .. ��I � .. .5`� 4 02, / TO: BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator Costa FROM: �i7li�►. May 10, 1995 County ""� DATE: ? c SUBJECT: LEGISLATION: SB 1124 (Watson) - IMPOSES A TAX ON THE GROSS RECEIPTS OF FIREARM DEALERS, WITH THE PROCEEDS DEDICATED TO LAW ENFORCEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 1124 by Senator Diane Watson which would impose a tax on the gross receipts of firearm dealers, with the proceeds dedicated to law enforcement. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. This is one of those additional bills which staff has added to the list. Sales tax is charged on the sale of firearms and ammunition in this State. Senator Watson has introduced SB 1124 which, as introduced, would impose -an additional 5% tax on the sale of firearms and ammunition, effective January 1, 1996 . The proceeds of the tax would be placed in a new Law Enforcement and Public Safety Fund. The proceeds of the Fund would be allocated by the State Controller to city, county and state law enforcement agencies for expenditure for law enforcement purposes . SB 1124 was scheduled to be heard in the Senate Revenue & Taxation Committee on May 3, 1995 . CONTINUED ON ATTACHMENT: YES SIGNATURE: &��Pwz y RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _L APPROVE OTHER SIGNATURE($)• ���� ��� ACTION OF BOARD ON May 16-, ,1995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X UNANIMOUS(ABSENT ------------ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator ATTESTED May 160 1995 Contact: District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Sheriff-Coroner SUPERVISORS D OUNTY ADMINISTRATOR Health Services Director Nancy Baer, Prevention Program, HSD -- Les Spahnn; Heim, Noack, Kelly & SDa* f.y '1 SENATE BILL No. 1124 Introduced by Senator Watson February 24, 1995 An�act to add Part 14:5 (commencing with Section 33001) to�.Division,R2 of:,the; Revenue;and "Taxation Code, relating to taxation, and ma mg an appropriation therefor,to take effect t immediately,,tax levy. I _ . LEGISLATIVE COUNSEL'S DIGEST SB 1124, as introduced, Watson. Firearms and Munitions Surtax Law. The Sales and Use Tax. Law imposes a sales and use tax on the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tangible .personal property based on a specified percentage of the gross receipts from the sale of, or ,the sales price of, that property. This .bill, in addition, would, for the privilege of selling firearms and munitions at retail, impose, a tax upon retailers N :} at the rate of 5% of the gross receipts of.any retailer from the sale of firearms and munitions, as defined, sold at retail in this state on or after January 1, . 1996. It would also impose a comparable excise tax on the storage, use, or other consumption in this state of firearms and munitions for which the tax was not paid by a retailer, as provided. The tax would be collected, administered, and enforced in the same manner as the tax imposed under the Sales and Use Tax Law. This bill would require that revenues collected pursuant to the new tax be deposited in the Law Enforcement and Public Safety Fund, which the bill would create. Moneys in the fund would be continuously appropriated to the State Board of 99 • .'- t:':i✓':'✓x'S.isl...'�.dL ,N . . . kyr,.,':•i]V���}I.,its} t.?![�yLY3}S�il .�'�i'.G3YJ'[)��L15• "cY'�s:S {:y5]�':rnwwcv.L;ivi..rl]LtL.�_V atiiv.`:vif2st1LS}S�l�u)?.ltiit}.�:}ZS�._SLky� l SB 1124 — 2 — Equalization to pay specified costs of the board and for purposes of making refunds and to the Controller for allocation among cities, counties, and state law enforcement agencies for expenditure for law enforcement. This bill would take effect immediately as a tax levy. f Vote: 2/3. Appropriation: yes. Fiscal. committee: yes. State-mandated local program: no. The people of the`State of California do enact as follows: 1 SECTION 1. Part 14.5 (commencing with Section I _2`33001) is added to`Division 2 of the Revenue and Taxation 3 Code, to read: 4 5 PART 14.5. FIREARMS AND MUNITIONS SURTAX 7 CHAPTER 1... GENERAL PROVISIONS AND DEFINITIONS 8 9 33001. This part ,is known and may be cited as the 10 "Firearms and Munitions Surtax Law." 11 33002. Except where the context otherwise requires, 4; 12 the definitions set forth in Part 1 (commencing with 13 Section 6001) govern the construction of this part. 14 33003. For purposes of this part: 15 (a) "Firearms" means . weapons from which a 16 projectile is fired by gunpowder. 17 (b) "Munitions" means projectiles with their fuses, 18 propelling charges,. or primers fired from weapons, and 19 any of the individual components thereof. 20 r 21 CHAPTER 2. IMPOSITION OF TAX 22 23 33011. In addition to the tax imposed under Chapter 24 2 (commencing with Section 6051) of Part 1, for the 25 privilege of selling firearms and munitions at retail there. 26 is hereby imposed a tax upon all retailers at the rate of 5 27 percent of the gross receipts of any retailer from the sale 28 of all firearms and munitions sold at retail in this state on 29 or after January 1, 1996. 11 qg r — 3 — SB 1124 t 1 33012. (a) In addition to the tax imposed under 2 Chapter 3 (commencing with Section 6201) of Part 1, an 3 excise tax is hereby imposed on the storage, use, or other i 4 consumption in this state of firearms and munitions 5 purchased from any retailer on or after January 1, 1996, 6 for the storage, use, or other consumption in this state at 7 the rate of 5 percent of the sales .price of the property- . 8. roperty.. 8 (b) The tax provided for in this section. shall not be 9; imposed upon,the storage, use, or other consumption of 10 any, firearm or munition -that was purchased from a 11 retailer that paid the tax-imposed by Section 33011. :12 . 13 CHAPTER 3. COLLECTION AND ADMINISTRATION 14 _ - 15 33021. To" the extent ' feasible. or practicable,, the 16 provisions of Chapter 5 (commencing with Section 6451); 17 Chapter 6 (commencing with Section 6701) ; Chapter. 7 18 (commencing with Section 6901), and Chapter 8 19 (commencing with Section 7051) of Part 1 shall govern 20 determinations, collections of tax, overpayments and 21 refunds and administration under thisp art. 22 33022. The board shall enforce the provisions of this 23 part and may prescribe, adopt, and enforce rules and 24 regulations relating to the administration and 25 enforcement of this part. The board may prescribe the 26 extent to which any ruling and regulation shall be applied 27 without retroactive effect. 28 29 CHAPTER 4. DISPOSITION OF PROCEEDS 30 31 33031: All:amounts required to be paid to the state 32 under this part shall be paid to the board in the form of 33 remittances payable to the State Board of Equalization. 34 The board shall transmit the payments to the Treasurer 35 to be deposited in the State Treasury to the credit of the 36 Law' Enforcement and Public Safety Fund, which is 37 hereby created. 38 33032. Notwithstanding Section 13340 of the 39 Government Code, the Law Enforcement and Public 99 S { SB 1124 — 4 - 1 Safety Fund is hereby continuously appropriated without 2 regard to fiscal years as follows: 3 (a) To the State Board of Equalization for both of the 4 following: j 5 (1) To pay for the board's cost of implementation of 6 this part. 7 (2) To pay refunds under this part. 8 (b) The balance to the Controller for allocation among 9 cities, counties, :and.state,law enforcement ;agencies for 10 expenditure for.law enforcement. 11 SEC' 2 :This act provides for a tax levy within the 12 meaning of Article IV of the Constitution and shall go into 13 immediate :effect 5 � i i f 4 99 To: BOARD OF SUPERVISORS 5----.L Contra Phil Batchelor, County Administrator "r FROM: �~ Costa o;. Count DATE. May 10, 1995 sr� . CUUN SUBJECT: LEGISLATION: SB 985 (Campbell) - REPEALS A PROVISION THAT ALLOWS PAWN SHOPS TO SELL GUNS WITHOUT REQUIRING BACKGROUND CHECKS OR WAITING PERIODS OF THEIR GUN CUSTOMERS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 985 by Senator Tom Campbell which would repeal a provision of existing law that allows pawn shops to sell guns without requiring background checks or waiting periods of their gun dealers . BACKGROUND: On May 2, 1995, the Board of SuPervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . .Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Under existing law, a waiting period and background check are required for the transfer of a firearm. This apparently does not include the redemption of a pawned or pledged firearm by the person who pawned or pledged the firearm. SB 985 would define "transfer" for these purposes as including the redemption of a pawned or pledged firearm by the person who pawned or pledged the firearm, thereby requiring a waiting period and background check before the firearm could be redeemed. SB 985 passed the Senate Committee on Criminal Procedure on April 4 , 1995 by a vote of 4 : 1. The bill failed passage in the Senate Appropriations Committee on April 24, 1995 by a vote of 1 :8 . However, reconsideration was granted so the bill could be heard again at any time in 1995 or 1996 . 52 CONTINUED ON ATTACHMENT: YES SIGNATURE: yY_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May If;., --1995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee .to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X_UNANIMOUS(ABSENTAND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator ATTESTED May 16, 1995 Contact: District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Sheriff-Coroner SUPERVIS COUNTY ADMINISTRATOR Health Services Director Nancy Baer, Prevention Program, HSD t Les Spahnn; Heim, Noack, Kelly & ah SENATE BILL No. 985 Introduced by Senator Campbell February 24, 1995 An act to amend Section 12001 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 985, as introduced, T. Campbell. Firearms: pawnshop: background check. Existing law defines various terms, including "wholesaler" and "application to purchase," for purposes of 'various provisions regulating firearm transactions. Existing law also requires a background check for the transfer of a firearm. This bill would additionally define "transfer" for purposes of these provisions as including the redemption of a pawned or pledged firearm to the person who pawned or pledged that firearm. Because this bill would expand the scope of an existing crime, it 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. i 99 . .. »;•;:Skiif25'tS'tiLi}.v�i<.�,tlt... <.. :v<tx`7r�LS}C.,sy<;�2_L''SiI SYwt}4i?.{^:.iv{-vLw..i.:! �+'S. r. .:✓.w'.{Y<J y,ytsi'skL.'%vhc�ytfff�<�iYs=..�,`'tL� rStiv{.'+ti7�a$'Li1Syiti.<{...iJ13a�Lt il.:ktiis}iYzs:}titizi'':.i h l T SB 985 — 2 — The - 2 -- The people of the State of California do enact as follows: 4 1 SECTION 1. Section 12001 of the Penal Code is 2 -amended to read: 3 12001. (a) As used in this title, the terms "pistol," 4 "revolver," and "firearm capable of being concealed j 5 upon the person" shall apply to and include any device 6 designed to be used as a weapon, from which is expelled 7 a projectile by the force of any explosion, or other form 8 of combustion, and which has a barrel less.than 16 inches 9 in length. These terms also include.any,device which has 10: abarrel-l6 inches'or more in length which is:designed to 11 be interchanged with a barrel less than ,16 inches in 12. `length: r t 13 (b) As used in this title, "firearm":means any device, 14 designed to be used as a weapon, from which is expelled 15 through a barrel a projectile by the force of any explosion 16 or other form of combustion. 17 (c) As used in Sections 12021, 12021.1, 12070, 12071, 18 12072, 12073, 12078, and 12101 of this code, and Sections 19 8100, 8101, and 8103 of the Welfare and Institutions Code, 20 the term "firearm" includes the frame or receiver of the 21 weapon. 22 (d) For the purposes of Sections 12025 and 12031, the ; 23 term "firearm" also shall include any rocket, rocket 24 propelled projectile launcher, or similar device ` 25 containing any explosive or incendiary material whether 26 or not the device is designed for emergency or distress 27 signaling purposes. 28 (e) (1) For purposes of Sections 12070, 12071, and 29 subdivisions (b),; (c), and (d) of Section 12072, the term 30 "firearm" does not include an unloaded firearm which is 31 defined as an "antique firearm" in Section 921 (a) (16) of 32 Title 18 of the United States Code. 33 (2) For purposes of Sections 12070, 12071, and 34 subdivisions (b), (c), and (d) of Section 12072, the term 35 "firearm" does not include an unloaded firearm that 36 meets both of the following: 37 (A) It is not a pistol, revolver, or other firearm capable 38 -of being concealed upon the person. 99 r _ — 3 — SB 985 1O B It is a curio or relic as defined in Section 178.11 of 2 Title 27 of the Code of Federal Regulations. 3 (f) Nothing shall prevent a device defined as a 4 "pistol," "revolver," or "firearm capable of being 5 concealed upon the person" from also being found to be 6 a short-barreled shotgun or a short-barreled rifle, as 7 defined in Section 12020., 8 For purposes of Sections 12551 and 12552 the term 9 "BB device" means any instrument which expels a 10 metallic projectile, such as a BB or a pellet, through the 11 force of air,pressure, CO2 pressure, or.spring action, or any, spot marker,gun: :- >.-. . 13 (h) ,,As used ,ins this title, ",wholesaler" :means any 14- :person who is licensed as a dealer:'pursuant to Chapter 44 15 (66mmpncing�with Section 921) ,of,,Title 18 of the United 16 States Code and, the.regulations issued-pursuant thereto 17 who sells,. transfers, or assigns firearms, or . parts of 18 firearms, to persons who are licensed as manufacturers, 19 importers, or, gunsmiths pursuant to Chapter 44 `1 20 (commencing with Section 921) of Title 18 of the United 21 States Code or persons licensed pursuant to Section p 22 12071, and includes persons who receive finished parts of 23 : firearms and assemble them into completed or partially .; 24 completed firearms in furtherance of that purpose. 25 "Wholesaler" . shall not include a manufacturer, 26 importer, or gunsmith who is licensed to engage in those 27 activities pursuant to Chapter 44 , (commencing with ,y 28 Section 921) of Title 18 of. the United States Code or a person, licensed pursuant to Section 12071 and the 30.,; regulations issued. pursuant .thereto. A wholesaler also 31 does not include.,. those persons dealing exclusively in 32 .:grips, stocks, and other parts .of firearms that are not 33 frames or receivers thereof. (� 34 (i) As used in .Section 12071, 12072, or 12084, 35 "application to purchase".means either of the following: { 36 (1) The initial completion of the register by the 37 purchaser, transferee, or person being loaned the firearm 38 as required by subdivision (a) of Section 12076. c ss r .,;. .. .. ... .. . ..w-•..u.._mss.,._ i SB 985 — 4 - 1 - 4 - 1 (2) The initial completion of the LEFT by the 2 purchaser, transferee, or person being loaned the firearm 3 as required by subdivision (d) of Section 12084. 4 (j) For purposes of Section 12023, a firearm shall be 5 . deemed to be "loaded" whenever both the firearm and 6 the unexpended ammunition capable. . of being 1 7 discharged from the firearm are in the immediate 8 possession of the same person. 9 - (k) For, purposes of Sections 12021, .-12021.1, ' 12025, 10 12070), 12072; 12073, 12078; and•` 12101 of this code; :and 11 r Seetions ;=8100, 8101; anal . 8103/ 'OV.$ `tle welfare } and 12 Institutions Code, notwithstandingther`fact that}ahe tern 13 any firearm- maybe used in'4sections;each`firearm 14 or:ahem:frame or receiver of the same `sh�, l 116onstitute,ta 15 P distinct=and separate offense" under`those sectroris. 16 (1): For purposes of Section 12020, a violation of that 17 section as to each firearm,weapon,or device enumerated 18 therein shall constitute a distinct and separate offense. 19 (m) For purposes of Sections 12070, 12071; 12073, 20 12076, 12077,12078, 12082, and 12084 and subdivisions (c) 21 and (d) ofSection 12072, the term `transfer"includes the 22 redemption ofa pa wned or pledged firearm to the person 23 who pawned or pledged that firearm. 24 SEC. 2. No reimbursement is required by this act j 25 pursuant to Section 6 of Article XIII B of the California 26 Constitution because the only costs that may be incurred ~ 27 by: a local agency or school district' will 'be' ' incurred '10 I 28 because this act creates a - new' crime or infraction 29 eliminates a crime or infraction: or changes the penalty 30 46r.ai,crimeor infraction, within the meaning of Section. 31 17556 of the.Government Code,.or changes the•definition 32 of a crime within the meaning -of Section 6 of Article ± 33 XIII B of the California Constitution. 34 Notwithstanding Section 17580 'of the Government 35 Code, unless otherwise specified, the provisions of this act 36 shall become operative on the same date that the act 37 takes effect pursuant to the California Constitution. O 99 TO: BOARD OF SUPERVISORS 5 Contra FROM: Phil Batchelor, County Administrator - ��►` Costa •.�'` o _��..:.:.... ;� County 9aw�� y`40 '`77 r(j .•Cf DATE: May 10, 1995 SUBJECT: LEGISLATION: SB 357 (Polanco) - IMPOSES RESTRICTIONS ON THE SALE OR TRANSFER OF AMMUNITION AND INCREASES THE PUNISHMENT FOR SELLING OR FURNISHING A FIREARM TO A MINOR SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 357 by Senator Richard Polanco which would impose restrictions on the sale or transfer of ammunition and which would increase the punishment for selling or furnishing a firearm to a minor. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and. recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. This is one of those additional bills which staff has added to the list. Existing law prohibits any person from knowingly supplying, delivering, selling or giving a firearm to persons who have prior convictions : ✓ for a felony, ✓ for specified misdemeanors within a certain number of years, ✓ for a domestic violence offense, ✓ for specified offenses subject to the juvenile court law, or to a person who purchases or receives, or attempts to purchase or receive a firearm, knowing he or she is subject to a protective order, a temporary restraining order, or an injunction, or to any person who is receiving treatment for or has been adjudicated by a court to be a danger to others as a result of mental disorder or mental illness . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTIGN OF BOARD ON may—j6, 1 945 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ---- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 UPERVI AND COUNTY ADMINISTRATO 8 DEPUTY -2- SB 357 would extend this same prohibition to ammunition under these same circumstances and would make a number of related changes in connection with firearm offenses involving the use, sale delivery or loan of ammunition. SB 357 would prohibit a person from selling, delivering or transferring ammunition unless he or she has a valid federal firearms license and a valid certificate of eligibility issued pursuant to state law. SB 357 would specify that no provision of the Dangerous Weapons Control Law is to be interpreted to limit or preempt the authority of cities and counties to regulate ammunition. SB 357 would increase the punishment for selling, loaning or transferring a firearm to a minor from a misdemeanor to a felony. SB 357 was scheduled to be heard in the Senate Committee on Criminal Procedure on May 2, 1995. cc : County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn ;lll!lI�TTT7. AMENDED IN.SENATE APRIL 26; 1995 AMENDED IN SENATE APRIL 19, 1995 AMENDED IN SENATE MARCH 21, 1995 AMENDED IN SENATE FEBRUARY,271,1995 SENATE BILL No: 357 t + Introduced b Senator `Polanco 7 y ( fCoauthor "AssemblyyMembervilTarargosa)' + ` February 10 1995 . iZl ,,Ari--act to amendSeetiem Sections 12004 and 12071, 12072, 12080, and 12316 of, and`to add Section 12071.5 to,'the Penal Code; and to amend Section` 8101 of the Welfare and y0 Institutions Code, relating to firearms: LEGISLATIVE COUNSEL'S DIGEST { SB_.;357, as amended,: Polanco. Firearms: ammunition: ossession;,sale • (1) Existuzg law prohibits any person, corporation, or firm x from knowingly supplying, delivering, selling; or giving . possession or control 'of a firearm to persons. who have prior convictions for :a felony, specified ,misdemeanors within a certain • number. of years, a, domestic violence offense or specified offenses subject..to the juvenile court law; or to any person who purchases or receives, or attempts to purchase or receive, a. firearm knowing that. he .or she is subject to a protective order, a temporary restraining order, or an f, injunction, or to-any person who is receiving treatment for, or has been adjudicated by a court of any state to be a danger to 95 SB 357 - 2 — others as a result of, a specified mental disorder or mental illness. This bill would apply this prohibition to ammunition for a firearm, including, but not limited to, any bullet,'. cartridge, magazine, clip; speedloader, autoloader, or projectile capable of being fired from a firearm with deadly consequence. The bill would make a number of related changes in . g.t connection with firearm offenses involvm he use; - sale, delivery,.or loan.of ammunition. The. bill.-also would make a 1 number .of conforming changes. By:,exp p:Iing the scope of existing crimes, this billwould impose astate-mandated localprogram (2) :Existing;law regulates<the licensnng of persons:involved in thesale, delivery, ortransfer of firearms This bill would prohibit a person from selling, delivering, or; transferrin : ammunition; unless he or sheis ese a� g . tmder has a vand'federal Rrearms license anda' Valid cert:Ocate of eligibility issued pursuant to state law. The bill also would make it unlawful to deliver,sell,transfer,purchase,. or obtain delivery of-ammunition through the mails,a licensed delivery service, or .any other common earner unless the purchaser, transferee, or person being loaned the ammunition has a valid federal firearms license, except as specified. The bill would make a violation of these`provisions punishable by a fine of up to $10,000 for each offense, thereby imposing, a state-mandated local programs. by creating new crimes: .This billwould:provide that no provision of the Dangerous We Control Law shall be construed to limit or preempt f 04 �:. the; authority 'of '.cities; counties; or cities and.,counties to. regulate::ammunition: -. (3) Existing law prohibits a person holding any of certain specified licenses to sell Arearms from supplying, selling, delivering, of givingpossession or conhof ofa pistol, revolver, or firearm capable of being concealed upon the person to any person'under the age of 21 years or any otherrearm to a person undertheage ofl8years A violation ofthisprohibition is a misdemeanor. Existing law prohibits a person, corporation, or firm from selling, loaning, or transferring a firearm to a minor. A s; 95 - 3 — SB 357 ntal violation of this prohibition is unishable b lm risonment in P y P the state prison or In a county jail not to exceed one year, or ora by a fine not'to:,exceed X1,000, `or by both that fine and; ige, lrrrprisonment. able This bill instead would make, a violationof these prohibitions punishable byimprisonment in the state prison- 3 in for 2, 3,;or 4 years.-Py increasing the punishment for existing . crimes, the bill would ' a state mandated local program. ce a (4) The California: Constitution requires' the' state to reimburse ocal ager cies and.school districts for certain costs Auld mandated by the state Statutory provisions' establish procedures fo'rArnakin-that reunbursement t5 „ yed i smbill would provide tat3no}reiznbursement is regiured by flus actior:a specified reasony� .or, Vote•x,maiorty. Appropnation on � o' F�scalcommttee` . Y s AV - .State:mandated loeal program yes.,, bill The people of Elie State.of Calrfornra `do enact as follows.•` _ sed 1 SECTION J. Section 12004 is `added --to the Penal the 2 Code,.to read. the 3 12004. No provision of this chapter or Section 8101-of, t 4 the`:Welfare and Institutions Code.shall be constitued to` ,.ons5 make paragraph (3) of subdi vision (b) of Section 12071, eby t1 6 paragraph (1) of subdivision (c) of Section 12072 or ' iew 7- subdivision (d) ofSection 12072 applicable to any person, 8 corporation, or firm that supplies,-delivers,sells,or g7ves -ous 9 possession or control of,ammunition to any person .in .npt 10 order.to.supply, deliver;sell, or, transfer tliatammuniton. to 11 SEC. 2. Section' 12071 of the Penal Code is amended 12 to-read tain13 ' 12071. (a) (1) As used` in this chapter,` the':. term 14 "licensee," ..person' icensed pursuant to Section°12071," ver,. 15 or "dealer'' means a:person who (A) has'a'valid federal -Iny 16 firearms license, (B) has any regulatory or business Lo a 17 license, or licenses, required by local government, (C) Yon 18. has a valid seller's permit issued by the State Board of 19 Equalization, (D) has a certificate of eligibility issued by om , 20 the Department of Justice pursuant to paragraph (4), (E) A 21 has a license issued in the format prescribed by paragraph 95 95 SB 357 — 4 - 1 (6), and (F) is among those recorded in the centralized } 2 list specified in subdivision (e) 3 (2) The duly constituted licensing authority`of a-city, 4 county, or a city and county shallaccept applications for, 5 and .may grant licenses permitting, `licensees to sell j 6 . firearms at .,retail within the city; :county, or; city and 7 county., The ;duly constituted licensing. authority .shall '8 inforin applicants who are denied licenses of.the reasons 9 for the denial;in writing 10 3 No_.hcense shall-be anted to an , a licant who .(. ). . Y pp 11 fails toprovide_a copy of.his or her:.valid federal firearms 12 license, valid seIler's permit issuedvby the State Board of 13` , F�gahzation,and the,certificate of eligibility described in 5 paragraph f$� r 15:3 a '(4) A person;may request a certificate;ryof :ehgbility } 16'} from the Department of Justice and thej,Departrnerit of 17Jus-tice';'s6u issue a certificate to an applicant if' the 1817, : depart:men.t's records indicate that the:applicai nt,is not a 19 person who is prohibited from possessing firearms.- 2 0 irearms.-20 (5) The, department shall adopt regulations to ' 21 administer the.certificate of eligibility program and:shall 22 recover.Ithe full costs of administering '.the. program:by 23 imposing fees assessed to applicants who.apply for those 24 certificates. 25 (6) A license granted by the duly constituted licensing `4 ` 26 authority of any city;county, or city and county,.shall be 27 valid for not more than one year from the date of issuance 28 and-shall be in,one of the following forms: 29 (A) In the form prescribed by the Attorney General: ' ! 30 (B) ,`A regulatory or business license that states on:its .31 face ``Valid for Retail Sales .of Firearms and is endorsed 32by the signature of the issuing authority. 33 (C) : A etter from the duly constituted licensing 34 authority having primary.jurisdiction for`the applicant.s 35 intended business location staging ghat -the jurisdiction 36 does not require any form of regulatory or business 37, license or does not otherwise restrict: or regulate the sale { 38 of firearms. 95 I 5 — SB 357 zed-O 1 (7) -Local `licensing -authorities may assess fees to 21 recover their;:full costs .of processing applications for 3 licenses. for, 4 (b) A license is,subject to forfeiture for a breach of any sell 5 of the:following prohibitions and requirements: and 6 (1) (A) Except as provided in subparagraphs (B) and hall a 7 (C) the business shall be conducted only in the buildings ions 8 designated in the license. . r 9 (B) A.person licensed pursuant to subdivision:(a)- may yho `:. 10 take possession of f� earns and commence preparation of rms 11 registers for�the ale,`& or° transfer of firearms at s,, h t F 3 of7: 12 xgun shows cjr,events;as,defined iri.:Section 178100 of Title diu i13 J X27 PAR` C�de�of Federal�Regulations or its.successor, if 14 2 thejgun ;show' o"r� event ,as knot { conducted from; any hty 15 motorized , towed ?vehicle A person conducting T . t: f - 16 „ business,pursuant to this sub ara -rap , _shallbe entitled - p .g p the 17 to conduct business as authorized here in:at any gun show A.a 18 or„event in ,the statewithout regard.;to the jurisdiction _ 19 within this '.state, that'4ssued the license pursuant .to to 20 subdivision (a), provided the person complies with:(i) all hall 21 applicable laws, including,_but not:limited to; the 15-day by 22 'waiting ..{period specified in subparagraph (A) . of .ose23 paragraph (3);, and : :(ii) all applicable local laws, ,0) 24 regulations, a.nd fees,,if any. ting 25 A ; person conducting ,- business pursuant to.' this I be 26 subparagraph ;shall publicly display his or her license nce 27 issued.pursuant to'stibdivision (a), or a facsimile thereof, 28 at: any, gun show or, event, as specified in this rat: 29 subparagraph`. d' I its 30 (C) , A person licensed=pursuant to subdivision (a) may sed `: 31 en a e m:the, sale, and; transfer of :firearms;other than g a g.. 32 : pistols, revolvers, ;:or jother ::firearmscapable::of.being ;ing 33 coineealed j..upon the '.person,i at events specified in nt s34 subdivision (g) .”of Section 12078,:. subject to. the ion 35 prohibitions and- restrictions contained, in that less 36 subdivision: )a.le 37 A person licensed pursuant to subdivision (a) also may 38 accept delivery of firearms other than pistols, revolvers, 39 , or other ,firearms capable of being concealed upon the 4' 40 person, outside the building designated in the license, 05 95 SB 357 — 6 - 1- 6 -1 provided the.firearm is being donated for the purpose of a P P 2 sale or transfer at an auction or similar,event specified in 3 .'subdivision.(g) of.'Section 12078. 4 (2) .The license or a copy thereof, .certified by the 5 issuing authority; ,shall be displayed on the premises. 6 where it can-easily be seen. 7 . (3) No firearm.shall-be-delivered: 8 A Prior to January 1 1996 within 15 days of the ( > f J y , Y i; 9 > application or ahe;;purchase; �or, after notice :by the 10 de `artment ursuant -o subdivision c of Section 12076, P : P O�_ j 11 withui 15 days of thet,,subnussion& to the department;rof 12 corrected copies"of the zregister, or within 1,5:days of the` submission oto the department of any 'fee ` required k 14 'pursuant to subdivision (dk)sof $ect 6 46,2076,;whichever 15 is later 'On o'rafter�anuar�yu 1,N1996, vithri{lvdays of the 16 .:pappl cat bm or�the purchase of a pistol,�revolver,'or other 17 firearm,capable of being concealedi�.upon"the'"person; or; 18 > after.notice by the department 'pursuant to subdivision 19 � .(c)',of,Section,,12076; within 15 days of the submission to 20 , the :department- of'corrected copies sof the register, or � . 21 within 15 days-of the submission to the department of any "22 : fee required pursuantto subdivision (d)-of Section 12076, 23 whichever is later: On''or afterr°January'l 1.996,'within 10 24 days of the application. for the, purchase of any other 25 firearm, or, -after-notice-by the °department pursuant to -- 26 subdivision (c) of Section 12076, within:`10 days of the 27 sub mission-to.the-.department of corrected copies of the 28 register,.:. or-:,,within >10- days of s the submission to the k: � 29 department of any,fee`required- pursuant to`'suhidiwision 30: ::(d) of Section 12076,"whichever'is later. 31 - (B) Unless ..unloaded->- and` securely ' wrapped or a 32 . unloaded and in:a-locked-container' ` 33 (C) Unless the purchaser; transferee'-or erson being: g 34 loaned the firearm presents clear evidence of his`or her 35 identity and age to the dealer. 36 (D) Whenever the dealer is notified by the 37 Department of Justice that the person is in a prohibited 38 class described in Section 12021 or 12021.1 ofthis code or 39 Section 8100 or 8103 of the-Welfare and Institutions Code. 95 . =7 — SB 357 of =fi( 1 (4) No pistol, revolver, or other' firearm or imitation An. 2 thereof capable of being concealed upon the person, or 3 placard advertising the sale or other:transfer.thereof,shall he 4 be displayed in any part of the premises where it can ses 5 readily be seen from the outside. 6 . (5) The licensee shall agree to,and shall.act properly 7 and , .. promptly in processing . 'firearms- :transactions he 8 pursuant to Section 12082: 9., he (6):;The licensee, shall.- comply:: with. Sections 12073, 16107 12076 and 12077 subdivisions : a and b of`Section 11 12072 :and subdivision a of—,Secct on;12316 he : :' 12 „7 The licehsee� shall , ost cons icuousl withn the: O p p y �d 13 licensed premises the=followu g wit n g �n:block letters A 3 T _ J er 14 M not Bless,than one*inch inheight; ;,. YOU:LEVEiA LOADED' WHERE A he er 16 : CHILD OBTAINS �ANDr IMPROPERLY_.USES::IT, YOU x; 171. MAY BE FINED ORSENT TO PRISON." 18 8 Commencin A rel 1 )n ) g p � ,., . 1994, no pistol, to 19 revolver; or other Brearm�capable of being concealed 0 ;r 20 upon the person shall be delivered unless the seror ly 21 transferee, .or person being loaned:the firearm presents 6, x 22 to,rthe dealer a basic;firearm safety certificate. to y 23 +B- -No fef ese ins ,r 24 s e1; .,�...�9 a esker- �e ease 4. Wig: to 25 eeneeeded _.e. ie 26 <� - , 27 or eibeing fired from these re ea s , be . .� .,,r,:..,... . 29 -, the e : 30ke:a ► e>sesiea :)r31 , Commencing July :1, 1992;. the licensee shalloffer 33 to ;.provide. the purchaser.- or.:transferee of- a firearm or 34 ammunition, or erson being loaned a firearm or 'r p g 35` ammunition, with a co of the` copy pamphlet described in to 36. Section 12080 and may add the cost of the pamphlet; if ,d 37 any, to the sales price of the firearm or ammunition. )r, 38 .(10) The licensee shall not commit an act of collusion 39` as .defined in Section 12072. �5 95 SB 357 -- 8-- 1 i (11) The licensee, shallost conspicuously within.the .. P p Y 2 licensed premises a detailed list of'each of the following: 3 (A) All charges required by govern mentat agencies 4 for processing. firearm transfers required by Sections 5 .. 12076, 12082, and 12806. 6 (B} All .fees that the .licensee charges. pursuant to I Sections 12082 and 12806. 8 (12). The licensee shallnot misstate the amount of fees . 9 :'::charged by a governmental agencypurspant to Sections 10 . 12076, 12082, and 12806. 11 (13} 'the licensee shall report i*the loss or theft of any: 12 ' firearm that is merchandise of,the licensee, any,firearm Ala that-the licensee=takes;;possession o f=pursuant to Section 14 12082, or; any firearm kept at the licensee's place crf I usniess twithui;'48t hours x of kdisco'41very to tlieA appropriate 16 � lawlenforcement�;,Agency in the city;catgnty, orIc ty and 17 ;county :where `>tle licensee's _businesspremises#_are 18 ; ocated, t.. 19 (14} In a' city, and county; or in the 'unincorporated 20 <area of a county"with a``populat.on of 200,000` persons or 21, _more :according ,to .the most' recent- federal decennial 22 census or within a city with a populafiion of 50,000 persons M. or"" more according to the', ost recent federal decennial 24 Y census, any time the licensee is not open for business, the f 25, licensee shall store all firearms kept in his or her licensed ` 26 ::,place of:business using'one of the,following methods as to 27, each particular firearm: 28 (A) Store :the. firearm in a secure facility.that is a part h 29 of, or that;constitutes; the licensee's business premises: 30 (B,} .Secure the %firearm with a hardened steel rod or cable of.at,least one-eighth inchh-ixn diameter through the 32 gger,guardof the firearm The steel rod or cable shall 33 . be.;secured with a hardened steel lock that has a shackle. 34 The lock and::shackle-shall.be.,protected or shieldedfrom 35 he use of a bolt cutter .and the rod: or cable shall be 36. anchored in a-mannerthat prevents the removal of the 37 firearm from the premises. 4 38 (C) ,, Store the firearm in a locked fireproof safe or vault 319 in the licensees business premises. 95 - 9 SB 357 z.the 1 (15) The licensing authority in an unincorporated area vin.g: .2 'of a county with a population less than: 200,000 :persons icier 3 according-to the most recent federal decennial census or ions 4 within a city with a population of less than 50,000 persons '5 according to the most recent federal decennial census tt to 6 .,:may. impose 'the requirements specified,in paragraph 0, 7 (14); i fees 8 (16) Commencingjanuaty. 1 1994 the licensee.shall, ions Yx : 9 ,upon the issuance or renewal of a,cense,.sibmt ,;copy 6S eto the Department of justice Mr Y n all d any 1 (17) 'I'he, lice seetsh ,mau ,ain an make available A Farm 12 forpection duringxbusuess hourstoanypeace_c�ffiicer ,. :tion X 13 autl or ze`d °°local" r lAWI #enforoemerit; ;employee 'or ?' "e 3U wt fib K tr 1 re ce 1 t: by e }of '14' '; D p ,Pent :ofjustl emp oyee desgnateda _ the .f 4^hr k✓I -. b J E t i t t Y late5 Attorney General, ;upon psthe :presentation fiof xprop►er and p; 16 , ide'fi cation; a ireai ms transaction recoid: are 17 (13) (A) On°�the� dA,e :of receipt, the licensee shall 18 ,.report to he Department of ..:Justice . mi- v.of :formiat' Abd 19 .,prescribed- by,.the ±department the ,acquisition `by 'the Ls or :,'t, 20' licensee of the ownership:of a pistol,°revolver,:or other Inial 21 .,firear i '4pable-of being conceale&upon the person., sons 22 (B) :The provisions of this paragraph.shall:not apply to vial 23; 4hy of the following transactions: the 24 (i) A transaction subject to ; the provisions of ised 25 subdivision (n)R of Section 12078. is to 26. (ii) The dealer. acquired the . firearm: :from --a 27 wholesaler. part 28 (iii);'The dealeris,also licensed asra secondhand dealer 29 pursuant. to Article 4 (commencing with Section 21625) 3' or 30 of Chapter 9 of Division 8 of the-Business and Professions the3' 31 Code. .hall 4 32 (iv) ,The dealer.'acquired the rearm from a;.person kle. 33 who is licensed as a manufacturer orj importer to engage .om 34 in,those activities pursuant to Chapter, 44,.,(commencing be 35 with Section 921) of Title 18 of the United States Code and the 36 any regulations issued pursuant thereto. 37 (v) ; The dealer .acquired the firearm from a person ault 38 who resides outside this state who is licensed pursuant to 39 Chapter 44 (commencing with Section 921) of Title 18 of 95 } SB 357 _ 10 - 1, 10 --1. the United States Code and any regulations. issued 2 pursuant thereto, 3 (c) (1) As used in'this article; "clear evidence of his or 4 her identity and 'age"-means either of the following: :5 (A) A'valid'California driver's license. 6 . (B) A valid California identification card issued by the 'i 7 Department of Motor Vehicles. 8 (2} �,As used in this. article; a-"basic firearm safety 9- certificate means a basic firearm certificate`issued to the 10 purchaser, transferee, or person bemg loaned the firearm 11 = by .the Department Y ofd Justice pursuaiZt to Article 8 12 z (cornmenc g-with Section 12800} of Chapter 6 As`usedin thisYse'ction; a "secure facility" meansa 14� ; `b 64 ally of tl'efollouinig;specifications z,All e�etertdo'orwa sshall` meet ones of the { } p y 1fi followings { t q G r A wixidowless steel security door °equipped Switih 48: both:a dead,bolt a and a doorknob oek. 19 (ii) A windowed metal door that is equipped with both 20 a dead bolt and a'doorknob`hock;� If the window lies an t '' i 21 opening of five inches or more measured in any direction, :22 the window shall be covered with steel bars of at.least 23 one-half inch diameter or metal grating'of`at least'nine 24 gauge.affixed-to the'exterior or interior"of the-door' j 25 (iii) A metal grate that is padlocked and affixed to the 26 licensee's ' premises independentof. the door and i 27 doorframe. 28 (B} All windows are covered with steel bars. j 29 {G}' Heating, ventilating, air-conditioning, and service 30 openings are secured with steel bars,metal grating, or an -31 alarm system. Any metal grates have spaces.no larger, than six 33 inches wide.measured,in any direction: y 34 (E) Any metal screens have spaces mo larger than j 35 three inches wide measured in any direction. 36 {F} All steel bars shall be no further than six inches 37 apart. 38 (4) As used in this section, ``licensed premises," . 39 'licensed place of business," "licensee's place of j 95 F T11111 } - 11 — SB 357 r; I# : 1 business," or "licensee's business premises" means the tied 2 building designated-in .the license. 3 .(5) For purposes of paragraph (17),of subdivision (b) s or 4 (A) A "firearms transaction record" is a record 5 containing the same.information referred to in Section the 6 178.124a'and subdivision (e) of Section 178.125 of Title 27 7 of the.Code of Federal Regulations. 8 (B) :,A licensee shall be in compliance with the provisipns.of paragraph,-.(17) of subdivision (b) if he or she the maintaains „and, makes available. for .inspection `during 10 e 8 Irm all business hours to any:peace,officerauthorized.local law a k t 4 . s, employee, or Depar merit of .?Justice ' 13 ,employee designated by{the,}AttorneyMGeneral,-upon the Zs a F f X14 ti x resentation>oar;properntification; the bound ,:;book . s t .n.fp ontauungFthe sarne �nforniation _17 to in Section th`e . � ,�� ,15 m }c . ,. ;,. f 16 1`78124a aridaubdwision-(e) :of,Section 178.>125of�Title27 17 of:the Code of Federal.Regulations Ath18 (6) As used n-.this section, *tion" means any '19 bullet, .:cartridge magazine, clip, speedloader, ,6th.: F20 autoloader; or projectile capable of being..fired from a an ion, r, 21 firearm,with deadly °consequence. ;ast . 22 (d) Upon written ; request from a , licensee, the dne 23 licensing. authority : may grant an - exemption . from 24 compliance with-the.requirements of,' aragraph (14) of, the ` ` ` subdivision (b); if.the licensee is:,unable to comply with and 26 -those, requirements because of local ordinances, 27 covenants, lease conditions, or similar circumstances not 28 under the control of the licensee: 29 (e) Except as otherwise provide riced in:thissubdivision, an 30 the Department:ofJustice,shall keep a centralized list of 31 all persons hcensed pursuant to,;subparagraphs ; (A) to 32 E inclusive :of axa a h:. l of subdivision a . The SIX ( . ), P gr P. ( ) department .may. remove_from this:list any person who 34 knowingly_or. with gross negligence violates this article. han 35 Upon removal of a.dealer from this list, notification shall hes 36 be: provided to local law enforcement and, licensing 37 authorities in the,jurisdiction where the dealers business es," 38 . is located. The department shall make information about of 39 an individual dealer available, upon request, for one of 40 . the following purposes only: 95 95 jj SB 357 . — 12= ,1 (1) For law;enforcement purposes._ 2 (2) When the information is. requested by`a person 3 licensed pursuant to Chapter 44 '(commencing with 4 ' Section 921) of Title 18 of the UnitedStates Code for 5 determining the validity of the license for firearm 6. shipments 7 � (f) The Department of Justice may Aspect dealers to {� . 8 ensure Ecom fiance with this article.Tlie de artment may, p y 9- assess An annual fee,_not to exceed eighty=five:° dollars. 10 ($85),, to:.cover the_reasonable cost of maintauung the list II 11descrabed_ inr:i subdivision F e , ��nclud�n the cost 'of O g 12 °�{mspections ;Dealers whose-place ?of sbusiness ism a ?, .: =13' h�urisdictionx tk at has adopted an smspectionirprogram >to. ` 14° ensure �compliaricewithfirearmslawa�rshall b'e exempt j15�gf.fromFthat'nportion of the department's feethat�r`elates'=to 16 i.the'cost of��nspectlons Tl a applrca itis`,,resp'ons ble for 17 providing ev�derrce to the departrent that- the 18 jurisdiction .in whici he business., is °located `has the � 19 inspection:.program I' 20 (g) The Department of `=Justice shall `mauitain and �. 21 make available upon request information concerning the 22 number of inspections conducted and the amount of fees 23 :collected pursuant to subdivision (f), a listing of. 24 exempted jurisdictions,-as defined in subdivision (f), the 25 number of dealers removed from the centralized list l 26 ...defined in subdivision: (e) --and the number of dealers 27 found, to have violated this article with knowledge or 28. gross negligence. 29 (h) Paragraph (14) or (15) of subvison (b) shall not 30 . ,apply�to.a licensee organized-as a nonprofitpublic benefit 31 or mutual,benefit corporation organized pursuant to Part 32 ':'2: commencm with' 'Section 5110 %or Part 3 ( g ) a 33' (commencing with .Section 7110) of Division 2' of the 34 Corporations Code, if,both of the following conditions are 35 satisfied: 36 (1) The nonprofit public benefit orl mutual benefit 37 corporation obtained . the dealer's license solely, and 38 exclusively to assist that corporation or local chapters of .39 that corporation in.conducting auctions or-similar events 40 at which.firearms are auctioned off to fund the activities '. 95 i i SB .357 1 of that corporation . or" the local chapters of the -son 2 corporation. vith 3 (2) The firearms are not,pistols, 'revolvers, or other " for 4 firearms, capable of being concealed upon the person arm 5 : 2: 6 SEC. 3. : Section 12071:5 is added to the Penal. Code, to •s to ? 7 read: nay, 8 12071.5. (a) (1) ; '(A) No`person'shall sell, deliver, or lars. :: ° die.,.;eT- she is Iieensed list 10 ptes, 9 - dea�ee s - . of = =1 transfer Ammunit�on unless he' or she <, n "a 12 has a wand federal fiiearins license and a valid cert�fi'cate .V- .to 13� of ehgibrhtyiissued`pursuant}to Sector 12071 npt 14 F (B) xSubparagraph �(A) shall not apply to the delivery, s`to :15 sale, oratransfer. 'of amrnuiution byari operator of'a target: for 16 facilzty; f SB 357 1 purchaser, transferee, or person being loaned the ,b _ { 2 ammunition has a valid federal firearms license.. 3 (B) Subparagraph (A) shall not apply to the purchase 4 or acquisition of ammunition , by any person :from an 5 operator of a target facility that .holds. a busi - 15 SB 357 the r 1 &lit 'to ' 6 ; 9 f,'Ci3 .f &Ee'FE;`8 6 2 -Ae bat ed ehef. '93 ase '3:, t�sf6re€ e an 4 (3} (A} No person;corporation,or,firm`shall sell,loan, or 5 or transfer a firearm to a minor. F of 6 {B} Subparagraph (A) shall not apply to°or affect those of 7 circumstances set forth m =subdivision (p) of Section ;es, :--8 12078. ity, . 9 (4} -No person,co oration, or dealer'shall sell,loan, or, r 4 } nes 10 ransfer a firearm to any person whom°he_ar.she knows 2eA' 11 x orhas, cause to believe' is =nota `the actual' purchaser or , r 12 Y transferee of the' reaarm;or to ` y ersori`whais nct the M h 13 person actually:being%l"oan`ed the`fir ear ;' tf}tle person, r t orath ont i ' nd is oto brai 1 w�` ri.:n,a fg14 taehhesubsed q �u4a ec� nt yowled� �rn'a ahefreari15 V t 16 loaned, sold, ori:transferr6 to avoid the:provisions of .. of 017' subdivision 18 (B) Knowledge that the firearm is to be subsequently :h a 19 loaned,sold, or transferred to avoid the-requirements of ent ( � 20 an exem tion to the rovis' of subdivision d y p. p { }, 21 (5} No person, corporation, or dealer shall acquire a mit 22: firearm for the purpose of selling,transferring, or loaning ind 23 the firearm, if the person; :'corporation;` or :dealer ha 24 either of the followin g� 25 (A) In the case of a dealer,intent to violate subdivision. Sed 26 (b) 'or 27 (B} In any-other `case, intent to avoid either: of the hall 28 follow'ing:` or 29 {i} ',T'he, provisions of subdivision (d} hin .30 (ii) The requirements of any exemption to the "LL 31 provisions of subdivision (d) yell, 32 , {b} No person licensed under Section 12071 shall 33 supply, sell, deliver,,:or give possession or"control of 'a s � 34 'pistol, revolver, or firearm capable of,,being concealed sse.s 35'', upon the person to any person under the age of 21 years or 36 or any other firearm to,a person under the age of 18 years. )de. 37 (c) No , dealer, whether or not acting pursuant to } to 38 Section 12082, shall' deliver a firearm to a person, as lis; 1 39 follows: 95 95 1 SB 351 — 16 — (1) 16 1 1 Prior to January 1 1996 within 15 days, of the ... O J y 2 application for the. purchase, or, after notice by the 3 department pursuant-to subdivision (c) of.Section 12076, 4 within 15 days of the, submission to the department.of 5 corrected copies of the register, or within 15 days of the 6 submission to .the department:` of any, fee required 7 pursuant to subdivision (d) of Section,12076; whichever 8 '. is later. On or after January 1, 1996, within 15,days of the 9 application for:the,purchase.of,apistol, revolver,:or other:. 10 firearm capable of:being concealed.upon the person, or, 11 afters notice by;the department .pursuant to subdivision tionJ207& within 15 days of the:submission ryto x 1 the,department sof corrected copies ,of the register,, or 14 withu l5�d4ys FQf)the,•submission to the department of any 15fee required pursu sant to subdivision (d)3 of Section 12076; 16 whichever as ater On or after,January 1, 1.996, within i0 ;.. . 17 days,of the application for: .the purchaseti of,any other 18 firearm.,,;or",after notice by the departineii,pursuant>to 19 subdivision (c)_ of. Section 12076, within.10 days..,of the. 20 : submission to the-department of corrected copies of the 21 register;: or within, 10 days . of the submission. to the 22 department of any fee.required pursuant.to 'subdivision 23 (d). of:Section 12076, whichever is later:, 24 (2) Unless unloaded and ..securely . wrapped or 25 unloaded and in a locked container. 26 (3) Unless the purchaser, transferee, or person being 27 i loaned the firearm presents clear evidence of his or her { : 28 identity and age, as defined in Section 12071, to the 29 dealer. 30 (4). ;Whenever ,the dealer, is notified by the 31 Department of Justice that the person is-in a prohibited 32 class'-described-in Section 12021 or :12021.1 of this,-,code or 33, 11Section.8100 or 8103 of the Welfare and Institutions`.Code; 34 (5). Commencing April 1, 1994, no pistol, revolver, or 35 . other firearm capable of being concealed` upon the 36 person shall be delivered unless the, purchaser, 37 transferee, or person being loaned the firearm presents 38 to the dealer a basic firearm safety certificate. 39 (d) Where, neither party to the transaction holds a 40 dealer's license issued pursuant to Section 12071, the 95 - 17 — SB 357 he ,y 1 parties to the transaction shall complete'the sale, loan, or :he k.. 2- transfer of that firearm through either of the following; 76; j, 3 (1) A licensed dealer pursuant to Section 12482, of = 4 `(2); A law enforcement agency pursuant to Section he f 5- 12084. ed5Z 6 (e) No person may commit an act of collusion relating ,er 7 to Article 8 (commencing with Section 12800) of Chapter he $ $ 6. For-purposes.of this section and Section 12071, collusion 9 __,.ay,be..proven,­6 ierp y any one of the:following factors. ors 10 +:(1} Answering a test applicant°s questions during an on li objective test relating to basic firearms safety: 7MV7777 ` ngly,gr-aduzg the examination falsely ori , 13 (3}rfF'rav�drngr�an� advance copy of tthe test to.. an tx 4 , ..•#S r tt L.P mj3 4 -' n s 14 applicant. ti wt ; r ri:s J 2 c r C y r p15 �akiri ar allowin yanother �erson to`take the basic 16 : sw ,( �� :uxg� pz 10: 16 firearmsxsafe course for orie�who is the applicant dor the j�� ger 17 basic=fire- arms safety certificate to l$ (5} Allowing,another ta.take the objective test for the r I9 app cant, purchaser, or transferee ZeAllowing others to give unauthorized assistance he 21, during'the examination. 22 on (7) Reference to materials .during the examination 23 and.cheating by.the applicant. or 24 (8}i Provicling.origin als or photocopies of the objective 25 ' test; or any version thereof, to any: person other than as ag 26 specified in subdivision.. (f) of Section 12805: er 27 (fj : No person who is licensed-pursuant to;Chapter 44 he 28 (commencing.,with Section 921) of Title 18;of:the.United 29 States .Code shall,-deliver; sell, or transfer. a firearnm to a he 30 person who s licensed : pursuant` to Chapter `44 31 commencin with Srection 921)° of Title 18,of the xUnited or 32 StatesCode and whose censed'premises are located:in le -33 flus state unless one,ofahe following conditions as met:, or .person presents proof of hcensure:pursuant to Ze 35 Section 12071 to that person. ;r 36 (2).' The person presents proof that he or she is exempt its 37 from. licensure under Section 1207.1 to that person, in 38 which case the person also shall present proof that the a 39 transaction is also exempt from the provisions of 40 subdivision (dj 95 95 . i SB 357 — 18 - 1 18 -1 (g) (1) Except as'provided in. paragraph (2) or (3), a a 2 : violation.of this `section is a misdemeanor. 3 (2) If any of the following circumstances apply, a 4 violation of this section is punishable by imprisonment in 5 the s ate rison for two three� p or four years. t 6 (A) If'the violation is of paragraph (1') of subdivision 7 (a) 8B; If the defendant has a prior conviction of violating 9 this section or former`Sect on 12100of this code or 'Section ; 10 810f:1of the Welfare and Institutions Code 11 (C) If the defendant has a prior conviction"of violating 12 . any�offenseFspecil`led iri°subdivison`(b) of Section'12021:T h . 4 � S i i �? l X13 or off a violat�onkofSection12020s 12220; or 12520, or of .�14 forrner 15 a (D) {Tf':therdefendant'isiin-a prohibited class described °=16a -yin Section 12021 or 12021 1 of this code or-'Section'8100 or 17 `8103 of;the Welfare and Iristitutions`='Code" "18 (E) A violation°of this sectionbya:person who actively 19 amici ates in a "cr min al 'str eet an as defined in p . p . g g :20 Section 186:22. 21 (F) A viola tion. of subdi v7siont (b): 22 (G) A violation of ar-a a h 3 f subdivision a P . grp O a O 23 involving the sale, loan; or transfer ofa pistol, revolver, or 24 other firearm 'capablef. being` concealed Ripon the ;25 person to a minor. 26 (3) If any of the following circumstances apply, a 27 violation of thiis section shall ` be punished by 28 imprisonment in the state prison or in a'county jail not to 29 ' exceed one year, or by'a Pirie not to'exceed one:thousand_ 30 dollars ($1;000), or by�both,the°fine`and'imprisonment. 31 A A violation para a h' 2 'of subdivision a ( ) p �' p 32 - 33" 2 33" inv the 9ale-,lea.;e rg 34 'e04er- . fir-64i4A .e k 41 .: e.ne,., #fie 35 perrsen to a 36 -{-1G:} 37 (B), , A violation of paragraph (4) of subdivision (a) . 38 +19+ I, 39 (C) A violation,of paragraph (5) of subdivision (a) 40 95 f • �ta _ 19 - SB 357 ?` 1 (D) A violation of .subdivision (b) involving the 3}' a '': 2 delivery of,,apistol, revolver, or other firearm capable of ly, a 3 being concealed upon the person. at in 4 +F+., 5 (E) A violation of paragraph, (1)., (3)4, (4), or (5) of 6 subdivisionx (c) involving a pistol; revolver, .or .other , inion ANN& F< 7. firearm capable of being concealed upon the :person; ting , 8 - � .. - ,. - . tion 9 (F') A violation of subdivision (:d) involving. a pistol, ,. 'r 10 revolver,;or. other.,: , earm:.,.capable. .of being .concealed ting 11 upon the person. X21:1 � r ` , ►r'of 13 , (G �t A viola! on of subelivision� {e} 14 (h)_, As used.m.this"'sectlpn =a nmunihon 4 means any r. . w w a _. bed 15 ammunition for a firearm, including, but:not:limited ;to, 0 or 16Many ybullet, cartridge;} magazine, clip; : speedloader; all autoloader; or: projectile.`capable of`beirig;. ired from 'a rely 18 firearm with deadly consequence. lin 19 SEG. 1. t ; 20- SEC. 5. Section 12080 of the Penal Code is amended 21 to read: 22 1248{ . (a} The Department of Justice shall preparea (a) 23 pamphlet which summarizes California firearms or ' or 24 ammunition laws as .they pertain-to persons other than the o{ 25 law enforcement officers or members of the armed 26 services. 27 ,(b) The pamphlet shall include the following;matters. ,, by 28 (1), Lawful possession. 'tto '29 (2) . Licensing procedures. d l 30 -(3) Transportation and use of firearms or ammunition. nt, 31 (4} Acquisition of hunting licenses, 32 5 Tsafe handling { }- O . . and use of firearms or The r 33 : .arnmunitiori, _ ' 34 '(6), Various methods of safe storage and child r the { ) g proofing '35' of firearms or ammunition. 36 (7) The availability of firearms safety programs and 37 devices. 38 (8) The responsibilities.of firearms ownership. 39 (9) The operation of various types of firearm's. ' 00, 40 (10) The lawful use of deadly force. 95 95 Y SB 357 — 20 — (c)_ The department shall offer copies of the pamphlet 2, at actual cost to. firearms dealers licensed pursuant to 3 Section 12071 who shall have copies of the most current 4 version available for sale to retail purchasers or 5 transferees of firearms and ammunition: The cost of the i6 pamphlet, if any, may,be added to the sale:price of the 7 firearm or`-ammunition. Other interested parties may t 8 purchase c.opies directly from the]Department of General 9 Services. The pamphlet a -all declare ,that 'it is;,merely 40 intended to provide a general summary,of:laws applicable 11 o firearms ;and ammunition and' :is not designed .to 12 provide :m inclividual guidance for specific areas. 13 , <Individuals having s�eeific questions shall be direeted to 14jcontact theirs local §law i enforcement agency or private 15 .counsel x , r16 (d)5 The ..Department of Justice or any other public 17 s ent shall be immune from an r liabili arisin from the tY Y ' , g 18 drafting,publication, or dissemination of the`pamphlet'or 19 any reliance upon it. All receipts from the sale.'of these ; 20 pamphlets' shall be deposited as reimbursements' to the 21 . support appropriation for the Department of Justice.. 23 SEC 6., Section 12316,of the Penal'Code'.:is'amended 24 ,to read: 25 12316. a \ An person, corporation, or dealer who -� YP P 26 sells, ammunition or reloaded .ammunition -to'a. person 27 knowing that person to be a minor under,18 years of age ' 28 shallbe' punished by. imprisonment in'a county j ail for a 29 term.,not to exceed six months,or by a fine not to rexceed 30 -one,:' thousand dollars ($1,000), or' by both the 31 imprisonment:and fine 32 Proof�that.a person, corporation, or dealer, or his or her 33 agent or employee, demanded, was shown, and acted in 34 reliance upon, bona fide evidence of majority and 35 identity shall�be a defense to any criminal prosecution 36-1 .under this subdivision: As used in this subdivision, "bona 37 fide evidence of majority and identity" . , means a 38 document issued by a federal, state; county, or municipal 39 government, or subdivision or agency thereof,including, 40 but not limited to, a motor vehicle operator's license; 95 21 — `SB 357 hlet � 1 California state identification card, identification card ` 2 issued to a member of the armed'forces, or other form of t to i': -ent 3 identification that bears the name, date of birth, or 4 description; and picture of the person. the 4';. 5 (b) (1) No. person , ,,,prohibited from owning or the 6 possessing a firearm under Section 12021 or 12021:1 of this nay 4 7 :code or. Section .'8100 or : 8103 'of the Welfare and . eral 8 �Institutions;Code shall`own,,possess;'or-have-under his or 9 her custod or control an ammunition or' reloaded rely Y Y F, 10 ammunition. able , �= l t'o 11 {2) ,Fore purposes of this subdivision, "ammunition" eat. X12 shall'mclude,k+butMno 4be,lirru ed to;:any billet, cartridge, 3 to 13 rnagazine,uchp }spend=loader, autoloader; or pTojectile gate 14 capable of {beinged {from f a' firearm "withak deadly blic 16 (3)` A. violation of this} subdivision is -purifishable 1by , the : 17 imprisonment`:in a-county-jail not to exceed one`year or n 18 in the state:prison; by a fine not to exceed one thousand nese 19 dollars ($1,000),,or by both. thefine and-imprsonment: the f, 20 (c) Unless 71t is with Ahe written permission of the 21 school., district superintendent, his :or,her designee, or �22 equivalent school authority, no ° person shall carry Sed 23 ammunition orreloaded ammuniition onto school 24 grounds, except sworn law. enforcement officers acting 5�A 25 . within the sco e of their duties or ersons exempted Son 26 under subparagraph (A) of paragraph (1) of subdivision age. ' .27 (a) of Section 12027. This subdivision shall not apply to a �r'a 28 duly appointed peace officer as defined in Chapter .4.5 eed 29 (commencing ,with Section 830)' of Title; 3 of Part_2, a the 30, ,,-full time paid peace officer of another state or the'federal 31 government who is carrying out official,`duties while in her 32 :� California,:any person summonedby' 'any of these officers i in 33 to assist in making an arrest or preservingthe peace`while d 34 . heor she is, actually engaged in assisting the officer, a ion 35 member of the military forces of this state or of the United ona 36 States who is engaged in the performance of:his 'or her a 37 duties, a person .holding a valid license to carry the. ipal 38 firearm pursuant to Article 3 (commencing with Section ing 39 12050) of Chapter 1 of Title 2 of Part 4, or an armored rise,. �` 40 vehicle guard, who is engaged in the performance of his 95 95 st SB 357 - 1 or her duties, as defined in subdivision (e) of Section 7521 2 of the.Business. and.Professions Code. A violation.of this 3 subdivision is punishable by imprisonment in a county jail 4 for a term not to exceed six months, a fine not to exceed 5 one thousand dollars ($1,000) or both the imprisonment 6 and fine. 7 ISEG. 6-. ': 8 SEC, 7 Section_ SIQ1 of the Welfare axld'Institutions 9 Code is amended to,read.• . 10 8101. (a). Any. person who shall knowingly- supply,:.. i 11 sell, give, or allow.':possess on or control 4 of d deadly 12 { weapon 'to scribed,,in,:Section 8100�6r.8103 13 - shall ben OMI, a . ; shable>by;unpnsonment in the state prison, ui a countyn�alfor-a= erxodof not exceedin zone ear, 14- °r P :. g Y I ti 15. by:a fine of not exceeding one'thousand dollars at$1000), ' 16 orb both the fine and di risonment ` rt Y p. .' 17 .. '(b), -An�:person zwho shall:knowingly supply,`sell,°give, 18 or allow,possession,or control of a firearm,or ammunition 19 to any}person,described in Section 8100 or, 8103`shall be 20 punished,by imprisonment in the state prison for two, 21 three, or four years. 22 (c) "Deadly:weapon, as. used in:this section:has the 23 , meaning prescribed:by Section 8100. ` 24 (d):. T4s used m this section, "ammunition mean's any 25 ammunition for a firearm, including, but not limited to, f 26 any bullet, cartridge,: magazine, clip, speedloader, 27 autoloader, or projectile capable of being fired from a 28 firearm with`deadly consequence. , 29 SEC 8 No-reimbursement is required by this act " 30 pursuant to-Section 6.:of Article XIII�B of, the Califorriia i 31 Constitution because the only costs that maybe>incurred 32 by.: a .local;-agency or, school district will :be;.-incurred 33. because .this.. act ; creates a new ,.. : or ,infraction; f 34 eliminates a crime or,infraction, or changes:the,openalty 35 for a crime or infraction, within the meaning of Section 36 17556 of the Government Code, or changes the definition j 37 of a crime within the meaning of Section 6. of Article I 38 XIII B of the California Constitution. l 39 Notwithstanding Section 17580 of the Government - 40 Code,unless otherwise specified, the provisions of this act t li 95 i4 - 23 — SB 357 521 ' 1 shall become operative on the same date that the act his p 2 takes effect pursuant to the California Constitution. ia11 ,ed t. . . 'nt �. 'ns ,IY, Ir 'e, be x he _O k yy l .ct ,n da - :d ty )n in le 1 � at y_ ct e 95 95 -, - . - - � _ ' - �' , ' ..- �::. . r a � �' � � .!• " .. �. ,� i _ � r—� �� �. f „��� fi. � �, - �.. E � - �, - - � ... ,� ,.. :.. .. .. •.. ., . . - � .. i � � - - � .. ._ � '���� To: BOARD OF SUPERVISORS S L Contra Phil Batchelor, County Administrator FROM: Costa County May 10, 1995 r7' C DATE: SUBJECT: LEGISLATION: SB 318 (Solis) - INCREASES PUNISHMENT FOR THEFT OF A FIREARM, RECEIPT OF A STOLEN FIREARM AND PROHIBITS THE COURT FROM STRIKING CERTAIN ADDITIONAL PUNISHMENTS RELATED TO THE COMMISSION OF A FELONY WITH A FIREARM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 318 by Senator Hilda Solis which would increase the punishment for theft of a firearm, receipt of a stolen firearm and which would prohibit the court from striking certain additional punishments related to the commission of a felony with a firearm. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. This is one of those additional bills which staff has added to the list. Under existing law, the theft of a firearm is grand theft and is punishable by imprisonment in a state prison for 16 months, 2 or 3 years . SB 318 would increase these penalties to 2, 4, or 5 years . Under existing law, a person who knowingly buys or receives stolen property is punishable by imprisonment in a state prison or county jail for not more than one year. SB 318 provides that if the stolen property is a firearm, the person can be imprisoned in a state prison for 2, 4 or 5 years . CONTINUED ON ATTACHMENT: YES SIGNATURE: X_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON May_16, 1999 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE -� UNANIMOUS(ABSENT ----------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUP RS AND COUNTY ADMINIST OR UTY -2- Under existing law, the court is authorized to strike the one year enhancement of the punishment for committing or attempting to commit a felony while armed with a firearm it the court determines that there are mitigating circumstances and states one the record the reasons for striking the additional punishment. SB 318 would repeal the authority of the court to strike the additional punishment under these circumstances . Under existing law, any person who has been convicted of a felony or who a drug addict can be convicted of a felony if the person is in possession of a firearm. The punishment for this felony is imprisonment in a state prison for 16 months, 2 or 3 years . SB 318 would increase the punishment for this offense to 2, 4, or 6 years . SB 318 is on referral to the Senate Committee on Criminal Procedure where it is awaiting a hearing. cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn . . q.>.4 t ,-...,,.<r.•.::-6rsn:.�r'..GAS::C..s..,:.t.t.L.::i<}{C•{.;;;5;:_ :r:r {i{ii:{arSi{:{iSi{ri:•{iSr{i r!.: + SC•.' :i.••�S Ki{,!r<;s::.r.:.. -'__-_.._.__. ._.... ._....�,__'_- i SENATE BILL No. 318 Introduced by Senator Solis f ' February..10, 1995 ' :`Sections-489,'496, 1170.1 ""a-nof d 12021 -.the , An act.to amend: Penal Code, relatingto'firearms: LEGISLATIVE COUNSEL'S DIGEST, SB 318, as introduced, Solis. Firearms. (1) Existing law provides that the theft of a firearm is grand theft. and shall be punishable by imprisonment in the state prison for 16 months or 2 or 3 years. This bill, instead, would provide that the grand theft of a firearm shall be punishable by imprisonment in the state prison for 2, 4, or 5 years. (2) Existing lawprovides that every person who, among other things, buys .or receives any property that has been stolen or that has been obtained in any manner constituting theft or'extortion;,knowing-the property to be so stolen or obtained, shall be punished -by imprisonment`in the state _prison, or,in a county jail for not more than one year. , his bill would specify,for purposes of the above provision, that''if the stolen property,,is a firearm, the person .shallbe punished, by imprisonment in the state prison for 2, 4, or 5 years. • (3) Existing law authorizes the court to strike the additional punishment for the enhancements provided in Y specified provisions, including the one-year additional term for the commission or attempted-commission of a felony while } armed with a firearm if it determines that there are ti circumstances in mitigation of the additional punishment and r; 99 a, i SB 318 -- 2 — states ,on the record its reasons for striking the additional punishment. This bill would repeal the authority of the court to strike the additional punishment for the enhancement provided for.that felony. The bill would also declare the intent of the Legislature that the ' additional punishment ' for this enhancement shall not be stayed-or stricken by the.court. (4) Existing law provides that any person who has been convicted of a felony or other specified offense, or who. is addicted to the use .of any narcotic drug, who owns or has in his or her possession or. under his:;or her custody or control.any firearm is ;guilty .,� of a� felony, and shall be punished by" unpr�sonmentm the state prisonfor 16 months,or2 or 3 years. "Tlis`bll instead `would: `rovide that the.;above offense'shall p be punishable:b im risonment in the'state risori for 2` 4 or P Y p p 6 years; Vote: majority. `Appropriation: no.`Fiscal committee: yes. State-mandated local program: no. .The people of the State of Caldora is do enact as follows. JL SECTION 1. Section 489 of the Penal Code is 2 amended to read: 3 489. Grand,theft is punishable as follows: 4 (a) When the grand theft involves the theft of a 5 firearm, by imprisonment in. the state prison for 44 6 mom, 2, er a two; four , or five years. 7 b In all other cases b im risonment in a count ail ( ) Y . p YJ 8 not exceeding one year or in the state prison. 9 SEC. 2. :.Section.496 of the Penal Code is amended to 10 'read: 11 ` 496: (a) Every. person who 'buys or receives. any ` 12 property, that.has been stolen nor that has been obtained 13 in any manner constituting. theft or extortion, knowing 14 the property to be so stolen or obtained, or who conceals, 15 sells, withholds, ' or aids in concealing, selling, or 16 withholding any property from the owner, knowing the 17 property to be so stolen or obtained,is punishalhie.shall be 18 punished by imprisonment in f the state prison, or in a 19 county jail for not more than one year, except that if the 99 y.y. .. Y' .,.. .. _.. .;�.iii:i"?tit rr'•. ,r — 3 — ,SB 318 ional 1 stolen property is a firearm, the person shall be punished 2 by imprisonment in the state prison for two, four, or five e the 3 years. However, if the district attorney or the grand jury •,that 4 determines that this action would be in the interests of the 5 justice, the district attorney or the grand jury, as the case . this 6 may may, if thevalue of the property does not_exceed rt. 7 four.. hundred, dollars ($400), specify. in.:the accusatory ween 8 '. pleading that, the, . offense shallbe . a misdemeanor, ho is 9 punishable'only by,imprisonment in a county ail not as in 10 exceeding_one year...i l.any 11 A principal m the,actual theft of the property may. be :' by 12 ,convicted pursuant to flus section However; rio person ears 13 maybe convicted both pursuant to this section and of the. shall 14 theft of:the same property 15 b Ever swa meet vendor, as defined =iri i Section. 4, or ( ) ', y.. p., 16. 21661 of the Business and Professions_Code, and:every yes. 17 person whose principal business is dealing in, 'or •18 % collecting, used or secondhand merchandise or personal 19 property, and every agent, employee,- or representative owS" 20 of that person,who buys or receives any property that has 21 . _been stolen or.obtained in any manner constituting theft le is 22 or extortion, under circumstances that should cause the 23 person, agent, employee, or representative to make 24 reasonable inquiry to ' ascertain that the, person from of a 25 mhomahe property was bought or received had the legal ,r 44 26 ,right to sell or deliver :it, without making a'reasonable 27 inquiry,shall be presumed to have bought or received the y jail M , ''operty knowing it to have been so stolen,"or'obtained. •29 , This presumption may, however, be rebutted by proof. .d to 30 (c) When in a prosecution under this section:it' shall .31 app:ear from the evidence that the defendant was a swap any 32 meet vendor or that the defendant's. principal business .fined 33 was as set forth in subdivision (b), that the• defendant wing 34 bought, received, or otherwise obtained, or concealed, seals, 35 withheld, or aided in concealing or withholding,from'the or 36 owner, any property that had been stolen or obtained in the 37 any manner constituting theft or extortion, and that the all be 38 defendant bought, received, � obtained, concealed, or in a : 39 withheld that property under circumstances that should f the ` d $' L 40 , have caused hien or her to make reasonable inquiry to 99 99 SB 318 — 4 — " I ascertain that the person from whom he. or she bought, :2 received, or obtained.,the property had the legal right to 3 sell or,deliver it to him-or her, then the burden shall be 4 upon the defendant to 'show that before buying, 5 receiving, or otherwise obtaining the property, he or,she 6 made a reasonable inquiry to ascertain that the person 7 selling or delivering the`same to him or her had the legal 8 right to sell or deliver_ it. 9 - ,(d) Any person who has been injured by a violation of 10,..subdivision _(a) may g:brin ;`an 'action for three times the 11 t :amount :.of actual dama es, if an" g. y, .sustained` by the 12 : aintiff costs of suit, and reasornable attorne ' P y s fees 13 e Notwithstandin` ;s Sectiont O ,r 664,< any attempt .ao -14' ,commit any act proibited ,this section;, except. an :15 „offense :`s ecified. �n , the;; ac.ci�sator leaden ` as a- p y p g 16. , misdemeanor, is'.:puni'shable by imprisonment in a.state 17 prison, or in a county j ail for riot more than one year. 18 . : , SEC. 3. Section 1170.1 of the Penal Code.is amended ?; 19 to read: . 20 1170.1. .(a) Except as provided in subdivision (c) and 21 subject to Section>654, when, any,person is convicted of i 22 two or more felonies, whether in.the same proceeding or 23 court or in different proceedings or courts, and whether 24 by judgment "rendered by the same or by a different 25 court, and a consecutive term of imprisonment is 26 imposed under.Sections.669 and 1170, the aggregate term 27 of imprisonment for all these convictions shall be the sum "28--. : of the principal term; the subordinate term, and any 29 additional.term .imposed pursuant-to Section 667, 667.51 30�. 667.6, ,or 12022.1,_ and pursuant. to Section 11370.2 of the . .n Health and Safety Code. The principal term shall consist 32 `of the greatest term of imprisonment imposed by the 33:, court for any of the crimes, including any enhancements . 34 imposed pursuant to subdivision (c) of Section 186.10 or 35 Section 667:15, 667.8, 667:83, 667.85, 12022, 12022.21 36 12022.3, 12022.4, J2022.5, 12022.55, 12022.6, 12022.7, 37 12022.75, , 12022.8; or 12022.9 of this code, and an 38 enhancement imposed pursuant to Section 11370.4 or 39 11379.8 of the Health and Safety Code. The subordinate 40 ' term for each consecutive offense which is not a "violent 99 - 5 -- SB 318 bought, 1 felony- as.defined in subdivision (c) of Section 667.5 shall right to 2 consist of one-third of the middle term of imprisonment shall be 3 prescribed for ea&other felony conviction for an offense buying, 4 that is not a violent felony for which a-consecutive term or.she 5 . of imprisonment is, imposed, and shall . exclude any, person 6 .'enhancements. In no case shall the total of subordinate ie legal 7 terms for ..,these consecutive offenses which are not 8 "violentfelonies" as defined in subdivision (c)I of=Section tion of. ::9 667 5 exce6d:fi years,-The subordinate term for each neS 10 consecutive offense which i' s a"violent Felony" as defined 11; in f subdivision a of Section 667:5 includin those y i( > g b the yes,; 12 ryoffenses t=described� fin paragraph (8) (9), or (17) of npt.k to . 13 w`subdivsion (c) of Section667::5; shall consist of one third middle term bf>,, risonment rescribed for each . =e 14uofrthe74' ept an p p Y as a 15L otl er felonyf conviction{for an ,offeri'se that is°a violent a:state 16 felony for. which a consecutive Perm of.imprisonment'is 17 i ,osed, { and: hall -include one=third of� any ,ear. p fended 18 enhancements;imposed pursuant to Section 667:15, 667.8, 19 667,83) ,66.7.85,7-`12022,: 12022..2, 12022.4; 12022.531. 12022.55, 020 -. 1202 .71022- 5or12022.9c) and cted of 21 (b) (1) When','a consecutive,term of imprisonment is Sing or 22 .imposed under.Sections 669. and 1170 for two_ or more hether .23 convictions, for..kidnapping, as defined in Section, 207; fferent 24 .:involving separate.victims or the same victim on separato gent is 11 25 occasions, the aggregate- term shall be calculated as `e term 26 provided in subdivision (a), except that the subordinate he sum 2T, term .for., each...subsequent kidnapping conviction shall id any 28 consist of the middle,term for each kidnapping conviction 667.5, 29. for which-a.consecutive term of imprisonment is imposed of the 30 .and shall include one-third=of any.enhaneements-imposed consist 31 <pursuant t to Sections 667.8,°`667.83,.:667x85, `12022,. 120222, by the 32 12022.4, 12022.5; 12022.55; 12022:7, 12022:75; or 12022.9. .ments 033 Tle five=year limitation,on the total of subordinate terms 6.10 or 34 provided.in,subdivision (a) shall not.apply to subordinate 2022.2, 35 terms for second :and subsequent convictions of 2022.7, 36 kidnapping,.as defined in Section 207, involving separate nd an 37 victims or the same victim on separate occasions. MA or 38 (2) As used in this subdivision, "separate occasion" dinate r 39 means the defendant committed a second violation of violent 99 99 1 11 SB 318 — 6 — 11 Section 207 involving the same victim. after at least 24 2 hours elapsed following-his or her release of the victim. 3, (c) In the case of any person convicted of one or more ! 4. felonies committed while'the person is confined in a state 5 prison, or is subject. to reimprisonment Ior escape from 6 custody and the law either requires the terms to be served 7 consecutively or the court imposes consecutive terms;the . 8 : erm.of imprisonment,for all the;convictions which the 9 „person is required,to serve consecutively'shall commence 10 afrom,'the;; time the person :would otherwise have, been ,11 released;from prisons If.the new-offenses are consecutive .12 witheach other,4the principal and sub'ordriate,terms shall 13 be calculatedyas�prouided in}rsubchvision (a) except that. 14 h-- ' — - 'of subordmate;terms may$exceed"five-years ;This 15 ubclivisi6i shall be applicable }ins cases of convictions of 16 more :.than one offense in different proceedings, and 17 convictions :of more an :--one p ease : " .the same or ' 18 " different.proceedings. 19 (d) When .the court imposes a: prison.sentence for a , 20 felony pursuant to Section L170 the' ',court -shall also 21 impose the additional terms,provided n subdivision (c) 22 of Section 186.10 and .Sections, 667, 667.15, 667.59 667.8, 23 667.83, 667.85, 12022, . 12022.1, 12022:2, 12022.4; 12022.5, 24 12022.55; 12022.6, 12022.7; 12022.75; and 12022.9 of this j 25 code, and theadditional terms provided in Section 26 11370.2, 11370:4, or 11379.8-of the Health.and Safety Code, 27 : unless the additional punishment therefor is. stricken . 28 pursuant to subdivision (h):. The court shall-also impose 29 any other additional-,term which the court determines in 30 its. discretion or as required by law shall run_consecutive 31 to the term imposed .under Section 1170..In considering 32 the imposition of the..�additional .,term,: the court shall i 33 apply the sentjpncing rules of the judicial- Council: 34 (e) When two or more enhancements under Sections 35 12022, 12022.4, 12022.5,'12022.55;'12022.7, and 12022.9 may j 36 be imposed for any, single offense, only. .the ' greatest 37 enhancement shall..apply. However; in cases of lewd or 38 lascivious acts upon or with a child under the age'of 14 39 years accomplished by means of force or fear, as 40 described in Section 288, kidnapping, as defined in 99 ^' t•u;:. "..:,: :•' {}fit .•y.•..:i•.•.i is.,;.d. iCi'.. a••., :i•. - — 7 — SB 318 past 241 Section 207, sexual battery, as defined in Section 243.4, ictim. 2 spousal rape, as defined in Section 262, penetration of a more 3 genital or anal opening by a foreign object,, as defined in a state. 4 Section 289,oral copulation, sodomy, robbery, carjacking, .from 5 rape or burglary, or attempted lewd or lascivious acts erved 6 upon or with a child under the age of 14 years is,the 7 . accomplished by.-means of force or fear, kidnapping,, :h the 8 :' sexual battery, spousal rape, penetration of! a genital or r�ence 9 anal:opening by a foreign object, oral copulation; sodomy, been-. 10 obb ' parjackha rape, murder, or,burglary. thet:court �utve 11 may impose both (l) one enhancement for weapons as 5 Mall, F12 provided in ether,Section 12022;`12022 4, or subdivision >of, or •:paragraph (2) of ssubdiv�sion =(;b) .of,'Section This 14 12022;5 enhancement for'great;bodily ijury , ins of ` 15 as provided m:either Section12022.7'or 12022.9 and enhancements. provided in subdivision (c,) of ne or ' 17 Section 186.10 and Sections 667, 667.15,.667:5, 667-.6, 667.8, 18 667.83, 667.85, 1202Z ,_12022.1 12022.2, 12022.3, 12022.4, for a 19 12022.511:12022.155, 12022.6, 12022.7, 12022.75, 12022.8; and 1 also: 0 20 12022.9 of--this. code, and in .Section 11370.2, 11370.4, or in (c) 21 11379.8 of the Health and.Safety Code; shall be.pleaded 667.8; 22 and proven as provided by law. 022.51. 23 (g) (1) The 'term of imprisonment-shall not exceed f this 24 twice the number .of years imposed by the trial .court as action 25 the base term pursuant to subdivision (b) of Section 11700 , ,ode; 26 .'unless the defendant stands convicted of a "violent icken 27 felony" as defined,M* subdivision (c) of Section 667.5, or ipose -:28 a; consecutive-,sentence is being imposed pursuant to ies-:in 29 (b).:or (c) of this section, or an enhancement utive 30 is .imposed pursuant to subdivision (c): -of Section 186.10 erin 31 ,or; Section ,667 667:15; 667,5; 667:8, 667.83, 667:85; 12022, shall 32 12022.2, 12022.41 12022.5, 12022.555- ' 12022:6, 12022.7,- 33 12022:75, or 12022.9 of this code, or an enhancement is !tions 34 being'imposed pursuant to Section. 11370.2, 11370.:4, or may . 35 -11379.8 of the Health and Safety Code,or the defendant ,atest 36 -stands convicted of felony escape from an institution in vd or 37.:,which he or she is lawfully confined. of 14 38 (2) The ,term of imprisonment shall not exceed twice r, as _ 39 the number of years imposed by the trial court as the base !d in 40 term pursuant to subdivision (b) of Section 1170 unless an 99 99 r SB, 318,' --- 8 — I --1 enhancement is imposed pursuant to Section 12022.1 and t 2 both the `primary and secondary -offenses 'specified in 1 3 'Section 12022.1 are serious felonies as specified in 4 subdivision (c) of Section 1192.7. 5 {h} Notwithstanding any other, law, -'the -court may 6. strike the additional punishment for the enhancements T.-pro,` vided in subdivision (c) of Section 186.10 and Sections 8 667.15, 667.5, 667.8 667.83, 667.85, 13022; 12022:1; 12022:2; 12022.4; 12022.6, 12022.7; .• 12022:75,= and 12022!9 of this 10 x code, or the`enhancements=provided.,, in'Section 11370.2; 1F1, 11 70.4, or x11379.8 of the -Health=and Safety Code; if it 12§ ¢determinesthat there are%circumstances iri mitigation :,of 13thet}'additional .punishment-and'states; on` the record its' 14 {reasons for' sig the addlfional punishment: �t_7111__iIt the` 15 ' r teot of die egxslature't at the additional puizis ent 16 for tie erzl ancements provided ix2.5eciorz`'12a22 shall not be stayed o stricken` by the°eotrrt 18 {i)' .For:any violation of paragraph (2) {3}' `or (5) of 19 subdivision {a) of Section 261; paxagraph {1}' or . (4) of 20 subdivision, (a) of Section 262, Section 264.1;-'subdivision 21 (b). of Section 288, subdivision (a) of Section 289, or 22 —or: oral copulation by' force, violence; duress, 23 , menace, or fear of immediate and unlawful bodily injury 24 ..on the victim or another personas provided in Section 286 25 ,or 288a, the number of enhancements which xray be 26 imposed-shall not be limited, regardless��of whether the 27. enhancements are pursuant to this or some other section 4. 28 'of aaw: :Each` of the. enhancern is shall` be a full and 29.,}separately served enhancement•and shall not be gorged 30 with:any,term or with any other enhancement. 31 MSEC -41 Section: 12021 of the Penial Code is ari ended 32 to read: 33 12021 . .` {a}: {1} 'Any person who has been convicted '34,,`,,6f`a felony under the laws of the United States; of the State 35 :•of California, or-any other state, government; or country; 36 or of an offense enumerated in subdivision (a), (b)', or (d) 37 of Section 12001.6, or r who is addicted to.the use of any 38 narcotic drug, who owns or has in his ocher possession or 39 under his or her custody or control`any firearm is guilty 99 9 SB .318 and 1 of a felony, and shall be punished by imprisonment in the d in 2 state prison for two, four, or six years. I in 3 (2) Any person who has two or more convictions for 4 violating paragraph (2) of subdivision (a) of Section 417 may 5 and who owns or.has in his or her,possession or under his . tints 6 or her custody or.control any firearm is guilty. of a felony. :ions 7 (b) Notwithstanding.::subdivision (a)., any person=who 8 has.. been convicted„ of a felon or' ' :of an offense 22 2 . r Y this5` 9 -`enumerated_ in Section`,12U01.6, when ;that conviction, 70 2, .; 10 results :from certification.- by, ahe :;-Juvenile court for 11 rosecution:;as an:"adult ui:an,adult.icourt under Section if It p in o£ 12707,of the Wel£areandInstitutions Code,wha owns or.lies fi 13 Ain his Aor herpossesslonor :under}his ;or,her}:custody or t , the 14 r control an.yfirearn#rlsgullty V. 3 gent 15 (c) '.(1:} Except rasp prow ed, ,.m-aysubcbvlsion knot 16 ;:paragraph '(2) of this subdivision, §any<�persoi 'h, ­,any, :`,been convicted of a:misdemeanor.violation of Sectiori 7.1. i) of 18- 76, 136.5,,:,6r 140, subdivision '(d).;of Section 148, Section .) of 19 171b, 171c, 171d186.28, 240;241)-242,,2432,244.5) 245,-245.5 sion 20 ,246, 246.3, 247 : 273.5;.273.6, 417, 417:1; 4.17.2, 417.6, 626.9, f, or 21, 646.9, or 12023, subdivision (b) or (d) ' of Section 12034, cess; 22 Section 12040, subdivision (b) of, Section 12072, Jury 23 subdivision (a) of former Section 12100,1 Section 12320 or 1285 j 2412590, or Section 8.101 of the Welfare and Institutions - be 25, 5 Code, any firearm-related. offense pursuant to:Sections the 26 871.5 and. 1001.5 of the Welfare and Institutions Code, or tion 27 of the conduct punished in paragraph (3) �of subdivision and:: 28 (g) of Section, 12072, .and who; within 10. years, of ,the. 29 conviction,:owns, or:has in his or her: ossession or under -ged p 30 his or her custody or- control; any firearm is gu ltyr of a.. ided 31 ._: public offense; w�eh � H be:- and:aliall be 32 punished by :imprisonment in the :state. prison; or--�in ,a_, ted 33 county jail -not exceeding one year,: by: a :fine not. tate 34 exceeding one thousand dollars ($1;000)= or'by both that. itry, 35 imprisonment and:fine. The court, on forms prescribed (d) 36 by the Department of Justice, shall,notify the department any 37 of persons subject to this subdivision. However,' the }n or 38 prohibition in this paragraph may be reduced, Iilty ; 39 eliminated, or conditioned as provided in paragraph (2) 40 or (3) . 99 99 SB 318 _ 10 - 1 10 -1 (2) Any-person employed as a. peace officer described 2 in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 31 whose employment or livelihood is dependent on the 4 ability to legally .possess a firearm, who is subject to the 5 prohibition imposed by this subdivision ,because of a 6.. conviction,.,under: Section 273.5, 273.6, or 646.9, may 7 ..petition the. I court,, only_ once for relief from this 8 prohibition. The petition shall be filed with the court in 9 which the petitioner, was: rsentenced. if possible, the matter hall:: be :,heard, ,before the same :judge ; hat 11 n; sentenced the p p n: filing the =petition; the. 12 clerk of the,court shall set the.;hearing 4 date and°shall =13 notify the petitioner and thuproseouting attorriey of the 14 ;date.;of the hearing. Upon making:each 'of the=following 15 _findings, the: court :may': reduce' or :` ehminate. the =16prohibition, unpose conditions, on ' reduction or.. 17 elimination!of the.; prohibition, or otherwise grant relief .. 181 from the prohibition.as the court deems appropriate: 19 (A) Finds by a preponderance of the evidence that the. �- .20 petitioner is likely to:-use a firearm in a safe and lawful 21 . manner. 22 (B) Finds that the petitioner is not within a prohibited 23 class as specified in subdivision (a), (b), (d), (e), or (g) 24 or Section 12021.1; and the court is not presented with an7 25 credible evidence that the petitioner is a person 26 described in Section 8100 or 8103 of the Welfare and 27 Institutions Code. N 28 .(C) Finds that,ahe.petitioner:does not have a previous 29 ;..conviction. under:this subdivision no I matter:.when the 30 prior conviction occurred. .- 31 ccurred.:31 In making its decision, the court shall consider the 32 , :petitioner's continued employment; the interest of 33 Justice,.,any, relevant evidence, and the totality of the 34 circumstances. The -court shall reouire, as a condition of 35 granting relief.-from the prohibition under this section, 36 that the petitioner agree to participate in counseling as 37 deemed appropriate by the court. Relief from the 38 prohibition shall not relieve any other person or entity 39 ®from any liability.that might otherwise be imposed. It is j 40 . the intent of the Legislature that courts exercise broad 99j k - 11 — SB 318 `'4 bed `1 : discretion in :fashioning appropriate relief under this 30.5 2 paragraph incases in which relief is warranted. However, the 13 nothing in this .paragraph shall be construed to require the :4 courts to grant relief to any particular petitioner. It is the A. a 5 intent.- of_the Legislature to permit persons who were may 6 convicted of ani offense.specified in Section 273:5; 273.6, this :,,T.. or 646.9 to seek relief from::the prohibition imposed by this a in 4 ,8 .subdivision the Any. person who is . subject to the prohibition b this subdivisiori:because.of aconviction rior that 10 unposed; ,y p the 111�s 3to January; 1, ;1991, rnay;petition the court:only once for ;hal 12 relief;from this prohibition: The petition" shall be filed the ` r 13 ' with the court*imwhich the petaioner was sentenced:=If ►�irg 14 =possible, the matter shall be heard before,ahe;same judge the . 15 that =sentenced tlse:�petitioner Upnn,filing the..petition, Or:: ti: 16 the clerk of the court shall^set:the;hearing,date. and notify lief ` . 17 ahe.petitionerand=theprosecnting attorney;of the date of 18 ahe_hearin U on rnakin each:of the following findings, g � p g- g g :them 19 ahe court may reduce or eliminate the prohibition, ►�fu1 %= 20 impose :conditions .on reduction or ,elimination of the 21 prohibition,or,otherwise grant relief from the prohibition -ited f 22,, as the ocourt deems:°appropriate:: 23 (A) Finds by a.preponderance of the evidence that the any �T - 24 petitioner" is likely louse a firearm in a safe and lawful rson 25 manner. and 26. . .:; ,-(B). Finds that the petitioner is not within a prohibited 27 class as specified in subdivision (a);. (b); (d), (e), or (g) •ious `: 28 _ or Section12021 1,and the court is notpresented with any the 29 credible .:evidence °"that :the petitioner is; a person 30 . described in_ Section ,8100,:or 8103 of the Welfare and the k 3i Institutions Code t of 32 (C) Fiiidsahatahe petitioner-doeanot:have a previous the 33: conviction under his subdivision; .no matter when the )n of 34 .prior:convictionoccur re d. tion,. 35 -In: making.:its;decision, the court may consider the ig as 36 interest.of justice;.any relevant,evidence, and the:totality the 37` of the circumstances: It: is.the intent of the Legislature ztity 38 that courts :exercise. broad discretion in fashioning It is 39 appropriate relief under this paragraph in cases in which road y' 40 relief is .warranted. However, nothing in this paragraph 99 99 SB 318 _ 12 — s 1 shall be construed to require courts to grant relief to any 2 particular petitioner: 3 .(4) Law enforcement officials who enforce the 1 4 prohibition specified in this subdivision-against a person 5 who has been granted relief pursuant to paragraph (2) or 6 (3) ;. shall be immune from any liability -for false arrest 7 arising from the-enforcement of this subdivision unless 8 the person has in his or-her possession a certified copy of 9. the'.court order, that granted the person relief from the 10 prohibition This irnmuruty from;liabhty shall not:Yelieve 1,1 ,E any person or entYtyfrom any other liablhty that.might 12aotherwise be imporsed 4 Y` pesonywho;3 as 'an express} condition of 14 probation;` ss` rprolubit:6 ori restricted from owning, 15 :possessing;controlln' ;receivin ' or urclasiri " a firearm g " g� P g 16 .`'and who owns;or has in;his:or-her possession or under his 17 or. her: custody ,or :control, :any firearm but'1who is not 18 subject to subdivision",.::(a) ..or', (c) is guilty of a public 19 :offense, eek .be ps and shall be punished 20 by imprisonment in the state prison or in a county jail not 21 exceeding one year,by a fine not exceeding one thousand 22 dollars ($1,000), or by both that imprisonment and fine. 23 The -court, on forms provided by the Department of 24 Justice, shall notify the "department of persons subject to 25 this subdivision. The notice shall include-,a copy of the dry 26 order of probation and, a copy of any`minute order or 27 abstract reflecting the-order and conditions of probation.. 28 '(e) Any:person'who (1) :is alleged to have committed 29 an offense listed in subdivision (b) of..Section 707 of the 30 . Welfare and. Institutions Code,: an`offense 'described .M` 31 subdivision (b) of Section . .1203:073; :or any offense 32 enumerated ;in paragraph ;J) -oUsubdivision-- (c) (2) is 33 found to be a fit and proper subjecttabe dealt with under 34 the juvenile court law, and (3) is subsequently-adjudged 35 a ward of the juvenile court within the meaning of Section 36 602 of the Welfare and Institutions "Code because the i 37. person committed an offense listed in subdivision (b) of 38 Section 707 of the Welfare and Institutions. Code, an 39 offense described. in subdivision (b) of Section :1203.073, 40 or any offense enumerated 'in paragraph ' (1) of 99 i i -- 13 — SB 318 5 my 1 subdivision (c) shall not own, or have in his or her 2 possession or. under his or her custody or control, any the 3 firearm until the age of 30 years. A violation, of this son ' 4 subdivision shall be punishable by imprisonment in the or 5 state prison or in a county jail not exceeding one year, by est 6 a fine not exceeding. one thousand dollars ($1,000) ; or by ess { 7 both that imprisonment and fine. The juvenile court, on of 8 forms prescribed by the Department of Justice, shall :he 9 notify the department of `persons', subject. to this - we .10 subdivision; Notwithstanding ,any other law, the forms ;ht11 ::required°to be submitted to -the department-pursuant to 12 flus;su"bdivision may be used to determine eligibility to of 13 ac% quire a: firearm Subdivision:(a) shall uot'apply to a person who has rm' 15 been convicted of a felony under the laws of the;=United his : 16 States unl 9 ither,of the following criteria is satisfied. lot 3> 17 (1-) Conviction of a like offense' under -California law 18 can only result in imposition of felony punishment. ed 19 (2) The defendant was sentenced to a federal lot 20. correctional-facility for more.than 30 days,'or received a nd 21 fine of more than. one thousand dollars ($1,000), or �e. 22 received both punishments. of 23 (g) Every person who purchases or receives, or to ,'; 24 attemptsto purchase. or receive, a firearm knowing that he 25 - he or she is subject to a protective order as defined in or. 26 Section 6218 of the Family Code, or a temporary M. ? 27 restraining order or.injunction issued pursuant.to Section ed .28 527.6,0' r-527.8 of the Code of. Civil Procedure,'is. guilty of he 29 a public-offense, he and shall be in 30 punished by imprisonment in the state prison or in a tse M 31 county:,jail not exceeding one year, by a fine not is; - 32 exceeding one thousand dollars ($1,000)'; or both that ?er0 33 imprisonment and fine. This subdivision does not apply ed 34 unless the copy of the restraining order personally served on 35 "on the person against whom the restraining order is he 36 issued contains a notice in bold print stating (1) that the of 37 person is prohibited from purchasing or receiving or an. 38 attempting to purchase or receive, a firearm and (2) 39 specifying the penalties for violating this subdivision, or of �J � 40 a court has provided actual verbal notice of the firearm 99 99 . ., :rs <:.a::c::.'.......�rs:S-.::��:c.1siLik::_i+ ..., .....;... c<;;iu::,i4•-�....•:.c:cvoc:..c .�.,.........,,......._...........,. ........ .t:,a•:. t' SB 318 — 14 - 1 14 - 1 prohibition and penalty as provided in Section 6304 of the 2 Family Code.However, this subdivision does not apply if 3 the firearm is received as part of the disposition of. 4 community property pursuant to Division 7 5 (commencing with Section 2500) of the Family Code. / l i t 4 1 O -� 99 I To: BOARD OF SUPERVISORS 5 L Contra FROM: Phil Batchelor, County Administrator Costa May 10 1995 40 r� ctJ DATE: y County sr�-i'GJi+<i SUBJECT: LEGISLATION: SB 43 (Johnston) ALLOWS CITY OFFICIALS TO ISSUE PERMITS FOR CONCEALED WEAPONS ONLY TO RESIDENTS OF HIS OR HER IMMEDIATE JURISDICTION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 43 by Senator Patrick Johnston which would allow a chief of police to issue permits for concealed weapons only to residents of his or her city. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Under existing law, the Sheriff of a county or the chief of a municipal police department is authorized to issue a license to carry a pistol, revolver, or other concealable weapon: ✓ Upon proof that the applicant is of good moral character, ✓ That good cause exists for the issuance, and ✓ That the applicant is a resident of the county. SB 43, as introduced, would restrict the ability of the chief of a municipal police department to issue a license for a concealed weapons permit to a resident of his or her city. The bill would restrict the ability of a sheriff to issue a license for a concealed weapon to a resident of his or her county. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE x APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON May 16, 199= APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ---------' ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 1 h .-1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 S RVOOS AND COUNTY ADMINISTRATOR PUTY -2- SB 43 passed the Senate Committee on Criminal Procedure on March 8, 1995 by a vote of 4 : 0 . The bill passed the full Senate on April 6, 1995 by a vote of 21 : 11 . The bill is presently pending a hearing in the Assembly Public Safety Committee. cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn F i SENATE BILL No. 43 Introduced, by Senator Johnston i December 16, 1994 2 I:- Ariactfi to'"amend Section 12050 of the Penal Code,;relating to weapons. LEGISLATIVE COUNSELS DIGEST_•,_ 1 SB 43, as introduced, Johnston: Firearms. f Existing law authorizes the sheriff or the chief or other head 1 of a municipal police department to issue a`license to carry Y a pistol, revolver, or other firearm capable of being concealed upon the person upon proof, among other .things, that the person applying is a resident.of the county. This bill, instead, ,would provide that the .license may be issued upon proof, among. other . things, that the person applying is a resident of the county, city, or city and county. The bill would also limit, with respect to this provision, the jurisdiction of the sheriff to.residents of the county, and limit the jurisdiction of the chief or other.head of,a municipal police ? department solely to residents of the city. Vote: majority.. Appropriation: no. Fiscal �,coimmittee: no. State-mandated local program: no. The people of the State of California- do enact as follows: 1 SECTION 1. Section 12050 of the Penal Code is 2 amended to read: 3 12050. (a) (1) The sheriff of a county or the chief or 4 other head of a municipal police department of any city 5 or city and county, upon proof that the person applying 99 ti:::'.�:J:.:'.:ti:is;••: ' SB 43 — 2 - 1 is of good moral character, that good cause exists for the 2 issuance, and that the person applying is a resident of the 3 county, city, or city and county, may issue to that person 4 a license. to carry a pistol, revolver, or other firearm 5 capable of being concealed upon the.person in either one 6 of the following formats: 7 (A) A license to carry concealed a pistol, revolver, or 8 other firearm capable of being concealed upon the ;i 9 person. 10 (B) Where the population of the county is less than 11 .200,000ersons according to the.most .recent..:federal 12 �decennial.census; a license tocarry 1oaded and exposed 13 in that county a pistol;revolver, or other firearm capable 1.4 �.of'being concealed upon the person: . 15 (2) A license issued pursuant to this section is valid for 16 any period of time not to exceed one year from the date 17 of the license, or in the case of a peace officer appointed 18 pursuant to Section 830.6, three years from the date of the 19 license. 20 (3) (A) With respect to this section, the jurisdiction of i' 21 the sheriff of a county shall be limited solely to residents 22 of that county. ` 23 (B) With respect to this section, the jurisdiction of the 24 chief or other head of a municipal police department of 25 , any city shall be limited solely to residents of that city. f' 26 (b) A license may include any reasonable restrictions 27 or conditions which the issuing authority deems 28 warranted, including restrictions as to the time, place, f 29 manner, and circumstances under which the person may 30 carry a pistol, revolver, or other firearm capable of being 31-: concealed upon the person. 32 (c) Any restrictions imposed pursuant to subdivision 33 (b), shall be indicated on any license issued. , 34 (d) A license shall not be issued if the Department of -' 35 Justice determines that the person is within a prohibited 36 class described in Section 12021 or 12021.1 of this code or 37 Section 8100 or 8103 of the Welfare and Institutions Code. 38 (e) (1) The license shall be revoked by the local 39 licensing authority if at any time either the local licensing 40 authority is notified by the Department of Justice that a 99 f . — 3 — SB 43 1 licensee is within a prohibited class described in Section 2 12021 or 12021.1 of this code or Section 8100 or 8103 of the 3 Welfare and Institutions Code, or the local licensing 4 authority determines that the person is within a 5 prohibited class described in Section 12021 or 12021.1 of 6 the code or Section 8100 or 8103 of the Welfare and 7 Institutions Code. 8 (2) If at any, time the Department: of Justice 9 determines that a licensee is within a prohibited class 10 .. described in Section 12021 or. 12021.1 . of,.this- code or n" section 8100 or.8103 of,the.Welfare..and Institutions'Code 12: the ,departmentshall immediately notify the 'local 13. licensing authority of'the,,determination " If the`local hce_nsirig;authortyrevokes the.license ,.. 15. the Department,,;of.3,Justice, shall .;:be" notified of the revocation-:pursuant to S6 tion:12053. The. censee°shall 17 also,be"immediately notified=o£the revocation in writing. 1$ (f) (1) A person issued. a 1icense pursuant to this 19 section may' apply to the licensing authority for an r` 20 amendment to the license to .do one or more of the 21 following: 22 (A) Add or delete authority to carry a particular pistol, 23 revolver, or other firearm capable of being concealed the on 24 u € - # p person. - 25 (B) Authorize.the licensee to carry concealed a pistol, 26 revolver, or other firearm capable of being concealed 27 upon the person. 28 (C) If the population of the county is less than 200,000 y`. 29 persons according to the most recent federal decennial aM 30 census, authorize the licensee to carry loaded. and 31 exposed in that county a pistol, revolver, or other firearm 32 capable_ of being concealed upon the person. -- 33 (D) Change any restrictions or conditions on the (J' 34 license, including restrictions as to the time, place, 35 manner, and circumstances under which the person may 36 carry a pistol, revolver, or other firearm capable of being 37 concealed upon the person. 38 (2) When the licensee changes his"or her address, the 39 license shall be amended to reflect the new address and 40 a new license shall be issued pursuant to paragraph (3) . 99 j i SB 43 — 4 - 1 (3) If the licensing authority amends the license,a new 2 license shall be issued to the licensee reflecting the 3 amendments. 4 (4) The licensee shall notify the licensing authority in 5 writing within 10 days of any change in the licensee's 6 place of residence. If the license is one to carry concealed 7 a , pistol, revolver, or other firearm capable of being (` 8 concealed upon the person, then it may not be revoked 9 solely :.because the licensee changes his or her place ;of 10 residence�_ to°� .another_ county if the licensee has not 1:1_ :breached:zany'%conditions`or.restrictions set-forth in the 12 ;license or-has not-tfallen into a prohibited class described 13 in Section- 12021-ori 1202 1 of this code"or Section 8100 or 14t,­,810.33of the Wellfare.;arid:Institutions :Code:If'the license 15 rtis one :to-carryzloaded and--exposed a pistol,=revolver, or 16.1,other firearm ;capable of being concealed upon the 17 person, ,the license shall be revoked immediately if the 18 licensee changes his or her place of residence to another 19 county. 20 (5)- An amendment to the license does not extend the 21 original expiration date of the license and the license shall 22 be subject to renewal at the same time as if the license had 23 not been amended. 24 (6) An application to amend a license does not 25 constitute an application for renewal of the license. } O 99 TO'. + BOARD OF SUPERVISORS Contra Phil Batchelor, County Administrator ��►` COSta FROM: :�• x�.��� :�.... •4°� �. DATE. May 10, 1995 County rsT; �� CbUN LEGISLATION: AB 638 (Knight) REQUIRES LOCAL LAW ENFORCEMENT sueJEcr: AGENCIES TO ISSUE CONCEALED WEAPONS PERMITS TO ANYONE QUALIFIED TO OWN A GUN WHO DEMONSTRATES COMPETENCE WITH A FIREARM AND HAS TAKEN SPECIFIED TRAINING COURSES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in OPPOSITION to AB 638 by Assemblyman William J. Knight which would require local law enforcement agencies to issue concealed weapons permits to anyone qualified to own a gun who demonstrates competence with a firearm and has taken specified training courses . BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Under existing law, the Sheriff of a county or the chief of a municipal police department is authorized to issue a license to carry a pistol, revolver, or other concealable weapon: ✓ Upon proof that the applicant is of good moral character, ✓ That good cause exists for the issuance, and ✓ That the applicant is a resident of the county. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER �&�SIGNATURE(S)'. ACTION OF BOARD ON MAY 16 ., 1995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED''to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE .X_UNANIMOUS(ABSENT ----------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 PE ORS AND COUNTY ADMINIS ATOR DEPUTY -2- AB 638, as introduced, would require the issuance of a license, within 15 days of receipt of the Department of Justice' s report of all data and information pertaining to the applicant: ✓ Upon proof that the applicant is a resident of the county, ✓ Upon proof that the applicant is 21 years of age or older, ✓ Upon proof that the applicant desires a legal means to carry a concealed weapon or firearm for lawful self-defense, ✓ Upon proof that the applicant demonstrates competence with a firearm by presenting evidence of completion of one of several specified training courses or other conditions, including having had a license to carry a firearm in this state unless the license has been revoked for cause. The bill would also make immune from liability any licensing authority who complies in good faith with this provision. The bill would also repeal the provision of current law which provides that a license to carry a concealed weapon may include any reasonable restrictions or conditions which the issuing authority deems warranted. Finally, the bill would limit the amount which could be charged for processing an application and would make it a misdemeanor to charge more than $12 . 50 for a license. AB 638 failed passage in the Assembly Public Safety Committee on April 18, 1995, but was granted reconsideration and thus could be heard again at any time in 1995 or 1996 . cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn CALIFORNIA.LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 638 Introduced by Assembly Member Knight (Principal coauthor: Senator Monteith) (Coauthors: Assembly Members Harvey, Bordonaro, Bowler, Conroy, Granlund, Hawkins, Knowles, Morrow, Richter, Setencich, and Woods) r (Coauthors: Senators Haynes, Hurtt, Johannessen, and Rogers) Y' February 21, 1995 f i ' An act to amend Sections 12050 and 12054 of the Penal Code, relating to concealable weapons licenses. LEGISLATIVE COUNSEL'S DIGEST �1 AB 638, as introduced, Knight. Concealed weapons licenses. (1) Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department, to issue a license to carry a pistol, revolver, or other concealable i weapon upon proof that the applicant is .of good moral character, that good cause exists for the issuance, and that the applicant is a resident of the county. This bill would require the issuance of a license, within 15 days of receipt of the Department of Justice's report of all data and information pertaining to the applicant, upon proof,that the applicant is a resident of the county, is 21 years of age or older, desires legal means to carry a concealed weapon for lawful self-defense, and demonstrates competence with a firearm, as specified. 99 AB 638 — 2 — Because 2 —Because the bill would impose additional duties upon local authorities by requiring the issuance of a concealed weapons license to qualified persons, the bill would impose a state-mandated local program.. The bill also would make immune from liability any licensing authority who complies in good faith with this provision. (2) Existing law provides that a license to carry a concealed { weapon may include any reasonable restrictions or conditions which the issuing authority deems warranted. This bill would delete this provision. .(3) Existing, law authorizes the licensing authority to charge a fee up to $3 for the processing of an application for a license to carry a concealed weapon or an amended license. This bill would authorize the licensing authority to charge a fee up to $12.50 for processing an application or amended license. The bill also would make it a misdemeanor for any person to charge a fee in excess of$12.50 for a license. Because the bill would create a new crime, it would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by , the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:-yes. 99 - 3 — AB 638 local The people of the State of California do enact as follows.- pons ;e a 1 SECTION 1. This act shall be known, and may be 2 cited, as the Monteith-Knight Citizen Self-Defense Act. any 3 SEC. 2. Section 12050 of the Penal Code is amended this 4 to read: 5 12050. (a) (1) The Except asprovidedin subdivision aled 6 (c), the sheriff of a county or the chief or other head of :ions 7 a municipal police department of any city or city and 8 county, upon proof that the person applying is of geed 9 fe�l e eter, t geed eatrse egg � the i�ee; Y to 10 aid t the is& rpt of the eeunty, i for 11 ff ifty meets the criteria specified in paragraph (3), and Anse. 12 . within 15 days of receipt of the report required pursuant arge 13 to subdivision (a) of Section 12052, shall issue to that lded 14 person a license to carry a pistol, revolver, or other any 15 firearm capable of being concealed upon the person in ause 16 either one of the following formats, which shall be se a 17 specified by the applicant at the time of making '. 18 application: to 19 (A) A license to carry concealed a pistol, revolver, or ;osts 20 other firearm capable of being concealed upon the .3lish 21 person. the ` 22 (B) Where the population of the county is less than is of 23 .200,000 persons according to the most recent federal ther � ``�' teed 24 decennial census, a license to carry loaded and exposed 25 in that county a pistol, revolver, or other firearm capable 26 of being concealed upon the person. 'twin 27 (2) A license issued pursuant to this section is valid for 'ora 28 any period of time not to exceed one year from the date vide 29 of the license, or in the case of a peace officer appointed that 30 pursuant to Section 830.6, three years from the date of the 31 license. tate, 32 (3) The person applying for a permit shall be a > the 33 resident in the county in which application is made and 34 comply with the following requirements. yes. 35 (A) Is 21 years of age or older. 36 (B) Desires a legal means to carry a concealed weapon 37 or firearm for lawful self-defense. 99 99 i AB 638 — 4 — I 4 - 1 (C) Demonstrates competence with a firearm by 2 presenting evidence of any one of the following: 3 (i) Completion of any hunter education or hunter 4 safety course approved by the Department of Fish and 5 Came or a similar agency of another state. 6 (ii) Completion of any firearms safety or training 7 course available to the general public through a law { 8 enforcement agency, community college, college, 9 private or public institution or organization, or firearms 10 training school, utilizing instructors certified by state or 11 national organization having .firearms safety and 12 proficiency as its professional standard. 13 (iii) Completion of any firearms safety or training 14 course available to security guards, investigators, special 15 deputies, or any division or subdivision of law 16 enforcement or security enforcement through a law 17 enforcement agency. 18 (iv) Equivalent experience with a firearm through 19 participation in organized shooting competition or 20 military service. 21 (v) Current or prior licensure to carry a firearm in this 22 state, or a county or municipality of this state, unless that 23 license has been revoked for cause. 24 (vi) Completion of any firearms safety or training 25 course conducted by a state certified firearms instructor 26 or by a firearms instructor certified by a state or national 27 organization having firearms safety and proficiencyas its 28 professional standard. 29 �A photocopy ofa certificate ofcompletion ofany of the i 30 courses or an affidavit from the instructor, school, club, 31 organization, or group that conducted the course 32 attesting that the applicant completed the course or a 33 copy of any document that shows completion of the 34 course or class or evidences participation in firearms 35 competition shall constitute evidence of qualification 36 under this paragraph. 37 (b) -A heeftse }fteltiEle able M str-_„t_, - 38 ef eenditie whie3 the isstting ettAhet:A!,, 39 me .-est,-iet as to the tiffie- 40 etftfter-, ffftd eirr .,,..,. stat ees under- whieh the per-seti 99 - 5 — AB 638 by r 1ft ear fevelver-F a sem ewe of being 2 eeneealeEl upeft the per-sen. ter 3 . O str „t:,.,z., }ftipesedpurstiatA. to subdivisi Ind 4 {* shetil be iftdieated eft heeftse 5 -fid-} A license shall not be issued if the Department of ing 6 Justice determines that the person is within a prohibited ,aw a -` 7 class described in Section 12021 or 12021.1 of this code or ge, 8 Section 8100 or 8103 of the Welfare and Institutions Code. ms 9 -Fe} or 10 (c) (1) The license shall be revoked by the local wd 11 licensing authority if at any time either the local licensing 12 authority is notified by the Department of Justice that a ing 13 licensee is within a prohibited class described in Section cial 14 12021 or 12021.1 of this code or Section 8100 or 8103 of the la w 15 Welfare and Institutions Code, or the local licensing la w 16 authority determines that the person is within a 17 prohibited class described in Section 12021 or 12021.1 of igh 18 the code or Section 8100 or 8.103 of the Welfare and or 19 Institutions Code. 20 (2) If at any time the Department of Justice this 21 determines that a licensee is within a prohibited class `hat 22 described in Section 12021 or 12021.1 of this code or 23 Section 8100 or 8103 of the Welfare and Institutions Code, ring 24 the department shall immediately notify the local ?tor 25 licensing authority of the determination. anal 26 (3) If the local licensing authority revokes the license, -s its 27 the Department of Justice shall be notified of the 28 revocation pursuant to Section 12053. The licensee shall "the 29 also be immediately notified of the revocation in writing. lub, 30 -(#�- grse 31 (d) (1) A person issued a license pursuant to this or a 32 section may apply to the licensing authority for an the 33 amendment to the license to do one or more of the ,rms - 34 following: tion 35 (A) Add or delete authority to carry a particular pistol, 36 revolver, or other firearm capable of being concealed 37 upon the person. egg 38 (B) Authorize the licensee to carry concealed a pistol, ' 39 revolver, or other firearm capable of being concealed ffifty 40 upon the person. 99 99 AB 638 — 6 — 1 (C) If the population of the county is less than 200,000 2 persons according to the most recent federal decennial 3 census, authorize the licensee to carry loaded and 4 exposed in that county a pistol, revolver, or other firearm 5 capable of being concealed upon the person. 6 (D) Change any restrictions or conditions on the 7 license, in restrictions as to the time, place, 8 manner, and circumstances under which the person may 9 carry a pistol, revolver, or other firearm capable of being 10 concealed upon the person. 11 2 When the licensee changes his or her address, the ( ) g 12 license shall be amended to reflect the new address and 13 a new license shall be issued pursuant to paragraph (3) . 14. (3) If the licensing authority amends the license, anew 15 license shall be issued to the licensee reflecting the 16 amendments. 17 (4) The licensee shall notify the licensing authority in 18 writing within 10 days of any change in the licensee's 19 place of residence. If the license is one to carry concealed 20 a pistol, revolver, or other firearm capable of being i. 21 concealed upon the person, then it may not be revoked 22 solely because the licensee changes his or her place of 23 residence to another county if the licensee has not 24 . breached any conditions or restrictions set forth in the 25 license or has not fallen into a prohibited class described 26 in Section 12021 or 12021.1 of this code or Section 8100 or 27 8103 of the Welfare and Institutions Code. If the license 28 is one to carry loaded and exposed a.pistol, revolver, or 29 other firearm capable of being concealed upon . the 30 person, the license shall be revoked immediately if the 31 licensee changes his or her place of residence to another 32 county. 33 (5) An amendment to the license does not extend the } 34 . original expiration date of the license and the license shall 35 be subject to renewal at the same time as if the license had 36 not been amended. 37 (6) An application to amend a license does not 38 constitute an application for renewal of the license. 39 (e) A sheriff of a county or the chief or other head of 40 a municipal police department of any city or city and 99 r ai — 7 — AB 638 1 county who complies ingood faith with this section shall 2 be immune from liability resulting or arising from any 3 action or misconduct with a firearm committed by any 4 person to whom a license to carry a pistol, revolver, or 5 other firearm capable of being concealed upon the 6 person has been issued pursuant to this section. 7 SEC. 3. Section 12054 of the Penal Code is amended _ 8 to read: k: 9 12054. (a) Each applicant for a new license or for the 10 renewal of a license shall pay at the time of filing his or her 11 application a fee determined by the Department of 12 Justice not to exceed the application processing costs of 13 the Department of Justice for the direct costs of 14 furnishing the report required by Section 12052. After the 15 department establishes fees sufficient to reimburse the 16 department for processing costs, fees charged shall 17 increase at a rate not to exceed the legislatively approved z; 18 annual cost-of-living adjustments for the department's 19 budget. The officer receiving the application and the fee 20 shall transmit the fee, with the fingerprints if required, to 21 the Department of Justice. The licensing authority of any 22 city or county may charge an additional fee, not to exceed + 23 wee twelve dollars +$G+ and fifty cents ($12.50) , for 24 processing the application, and shall transmit the s, 25 additional fee, if any, to the city or county treasury. 26 (b) In the case of an amended license pursuant to 27 subdivision {- - (e) of Section 12050, the licensing } 28 authority of any city or county may,charge a fee, not to ?� 29 exceed three twelve dollars -(-$3}and fifty cents ($12.50) , 30 for processing the amended license and shall transmit the 31 fee to the city or county treasury. 32 (c) Any person who charges or attempts to charge a 33 fee in excess of the amount specified in subdivisions (a) > 34 and (b) for a license to carry a pistol, revolver, or other 35 firearm capable of being concealed upon the person is 36 guilty of a misdemeanor. 37 SEC. 4. No reimbursement is required by this act 38 pursuant to Section 6 of Article XIII B of the California 39 Constitution for certain costs that may be incurred by a 40 local agency or school district because in that regard this 99 ...... ......�.... .s.sa>.+�%. ....x...A.•.....'L'sst,.a;c.•,c,s�L.J;,t.,t'.oa:, c,.e-: ,c , ,,..,,. ,.,..,c,.........,.,.....,.r.. . ...._4.... b.-. ........_.. ...,.. ._ •- _. W AB 638 — 8 - 1 8 - 1 act creates a new crime or infraction, eliminates a crime r_ 2 or infraction, or changes the penalty for a crime or 3 infraction, within the meaning of Section 17556 of the 4 Government Code, or changes the definition of a crime 5 within the meaning of Section 6 of Article XIII B of the 6 California Constitution. 7 However, notwithstanding Section 17610 of the r 8 Government Code, if the Commission on State Mandates 9 determines that this act contains other costs mandated by 10 the state, reimbursement to local agencies and school 11 districts for those costs shall be made pursuant to Part 7 12 (commencing with Section 17500) of Division 4 of Title 13 2 of-the. Government Code. If the statewide cost of the 14 claim for reimbursement does not exceed one million 15 dollars ($1,000,000) , reimbursement shall be made from 16 the State Mandates Claims Fund. 17 Notwithstanding Section 17580 of the Government 18 Code,unless otherwise specified,the provisions of this act 19 shall become operative on the same date that the act 20 takes effect pursuant to the California Constitution. O 99 c ti To: BOARD OF SUPERVISORS `�� s'.. Contra r' FROM: Phil Batchelor, County Administrator - '� Costa Vit , i< County `/,'•^� .yam DATE. May 10, 1995 f�`r�alfr LEGISLATION: AB 634 (Caldera) - REPEALS STATE PREEMPTION IN THE sueJECT: FIELD OF REGULATION OF THE REGISTRATION OR LICENSING OF COMMERCIALLY MANUFACTURED FIREARMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 634 by Assemblyman Louis Caldera which would repeal the State' s preemption in the field of the registration or licensing of commercially manufactured firearms, thereby allowing local jurisdictions to enact ordinances which reflect the needs and priorities of local government. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Section 53071 of the Government Code expresses the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms, and states that such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms by any political subdivision of the State. AB 634 , as introduced, would repeal that provision. AB 634 is pending a hearing in the Assembly Public Safety Committee. CONTINUED ON ATTACHMENT: YES SIGNATUREZ2�� Z L4e::�� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURES): ACTION OF BOARD ONa1 6 �,Q�Q APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ---------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF Cc: County Administrator SUPERVI COUNTY ADMINISTRATOR Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Sp EPUTY t• CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 634 i Introduced by Assembly Member Caldera February 21, 1995 An act to repeal Section 53071 of the Government Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 634, as introduced, Caldera. Firearms. Existing law expresses the intent of the .Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the Penal Code. This bill would repeal that provision. Vote: majority. Appropriation: no. Fiscal committee: no. s State-mandated local program: no. The people of the State of California do enact as follows: =Y Y4 1 SECTION 1. Section 53071 of the Government Code 2 is repealed. 3 5397 1+ i!94he intetitiett of Ohe Legislature to eee - 4 the e field of regulati of tie of 5 heensitig o f--------- 6 erre by the of the Penal Gede_, aid 7 stteh ts shetil be exel of all leeal _egu ,,ti--- 8 relating to e - heensing of ee ffi ...r-eial „ 99 c AB 634 — 2 — 1 fnettired by politieed di-�49 R-9 2 mined ift Seetien 4U of the haber Cede. 4 i I i i i J� O �t 99 TO: BOARD OF SUPERVISORS Contra •.i _• Phil Batchelor, County Administrator Costa FROM: f V DATE: May 10, 5 County °`>� `� LEGISLATION: AB 633 (Lee) - ALLOWS LAW ENFORCEMENT AGENCIES 30 SUBJECT: DAYS, RATHER THAN 10 DAYS, TO INITIATE PROCEEDINGS TO DETERMINE WHETHER A PERSON HELD FOR AN EXAMINATION OF HIS OR HER MENTAL CONDITION SHOULD HAVE A WEAPON RETURNED WHEN THE PERSON IS RELEASED SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 633 by Assemblywoman Barbara Lee which would allow law enforcement agencies 30 days, rather than 10 days, to initiate proceedings to determine whether a person held for an examination of his or her mental condition should have a weapon returned when the person is released. BACKGROUND: On May 2, 1995, the Board of Supervisors asked that staff return to the Board with an analysis and recommendation on certain bills having to do with the regulation of guns and dealers . Each of the identified bills is included on this agenda, along with a few additional ones which appeared to staff to be appropriate to include. Existing law requires any law enforcement agency or peace officer to confiscate any firearm or other deadly weapon owned by, or in the possession or control of, a person who has been detained for examination of his or her mental condition. If this person is released, the confiscating law enforcement agency has 10 days to initiate proceedings to determine whether the return of the weapon is warranted. AB 633, as amended April 25, 1995, would provide instead that the confiscating law enforcement agency would have 30 days to initiate these- proceedings . CONTINUED ON ATTACHMENT: YES SIGNATURE: &�� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 16 , 1995 APPROVED AS RECOMMENDED X OTHER X IT IS FURTHER ORDERED. BY THE BOARD that the above legislation is REFERRED to the City County Relations Committee to request co-endorsement by the cities of the County's position. VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT --------- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 PE ORS AND COUNTY ADMINIST OR DEPUTY -2- AB 633 failed passage in the Assembly Public Safety Committee on April 4, 1995 . The bill was amended and, as amended, passed the Public Safety Committee on April 18, 1995 . The bill was referred to the Assembly Appropriations Committee. Following the April 25, 1995 amendments, the bill was withdrawn from the Assembly Appropriations Committee and was ordered placed on the Second Reading File. The bill is currently on the Assembly Third Reading File on the Assembly Floor. cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Nancy Baer, Prevention Program, HSD Les Spahnn; Heim, Noack, Kelly & Spahnn F AMENDED IN ASSEMBLY APRIL 25, 1995 AMENDED IN ASSEMBLY MARCH 28, 1995 CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 633 .j Introduced by Assembly Member Lee (Geatith AssemW Member Friedfnan) (Coauthors.- Assembly Coauthors. Assembly Members Friedman, Kuehl, Speier, and Villaraigosa) Coauthors: Senators O'Connell, Petris, and Watson t February 21, 1995 An act to amend See4en 12028 of the Pen cede, affd to amend Section 8102 of the Welfare and Institutions Code, relating to weapons. LEGISLATIVE COUNSEL'S DIGEST AB 633, as amended, Lee. Weapons: Elestrtte &m L Yyy�A confiscation. a +1+ Emi9t ng law tmtheriz speeified effieers to wheffi i weape shave been sur-r-e ,a,. to sell afty of the weapens the r ewe eee�e to ha-ve -tee with respeet to sp m r ettien a , or ee4eetien pur-peses to persens ' heeesed to engage in the the weapee purrehased. Other weapeos tlw eannet be seW arre to be destfeyed. These ts de fret apply to i-ft 0 e p e� essioo e€the Departffieftt of F4sh aa-ad Vie;of to frrea forfeited pufsowit to 7013e a R.., ettr., cede. 97 t AB 633 — 2 — This 2 — s bill would adh the Galiferniff81fflialffe, wee to the list of speeifi effieer-sr The bill would alse delete the a .�aiet to offer the surrendered weapens for gale en4 wettlEl instead require th&t these weapetts be ', theme erecting a stftteiaa-ndated leeal prregr--ate: The b44 weu4 alse delete toe emeffiptiert of the P_r at:t e t of Fish and Gaffle acid the of firearms fee edited purse to the Publie Resettrees Gede. Existing law requires any law enforcement agency or peace officer to confiscate any firearm or other deadly weapon owned by, or in the possession or control of, a person who has been detained for examination of his or her mental condition. If this person is released, the confiscating law enforcement agency has 10 days to initiate proceedings to determine whether the return of the weapon is warranted. This bill would provide instead that the confiscating law enforcement agency shall have 30 days to initiate these proceedings. -{-3* The Galifernift Genstitu the state to reimburse leeal and seheel distriets fey eerie Bests by the state• M.41tAery establish preeedures fef tag that _.,. inti,.,._..: ent ineludingthe Brea ioii of a State Mandates Glaiffis Fund to pery the eests of ffland that do Bet emeeed $1,000,000 stat .. id- aid ether -whese statewide eests emeeed This W4 would provide that, if the GemwAs ort State a ete-.f,.:n es that the bill eeitteAng eests t-aa-edate the Aad Me-_.V..ber-,..._.. ent fer those eests shall be ode prat to hese 4!R. Vote: majority. Appropriation: no. Fiscal committee: yesno. State-mandated local program: yes no. The people of the State of California do enact as follows: 1 SEGTION 4 Seetien 12028 of the Pen cede is 2 afftetided to reams 3 12028- {-a+ The ttxlawhtl e e e ear– the 4 pensee or within the veh}elelof the eerier of a . 97 mak - : - .v - • � v ALw !rxwj�i%x - : ■- • v v v'- 'v • - -- v • v v e p. Mr-f1w I v • : :w : : •• v v v : � • v • v v v _ - - • - v v v v v v v • v : : : i :• : v • � v v v v � • t - — • =01M.; • - - v - v v - - v v v v v v v : i - : - - : • - • AB 633 — 4 - 1 - 4 -1 0T- his oT- her tyratts feree, oT- is used iff soeh a farmer- Omt 2 the weapen e,..-,st a,,+., i Pursifant to 3 st isi +a)-e-+b* withetit the prior- lnewledge 6f its 4 lawf t! oweer i- wetild be se used, 4 shall be restered 5 to the lawfitl ewer;as seeft as its use as a ,:a e ee bats beee 6 ser—, upen Eris or- her- idefttifiefttieftaf the weapeft aed 7 f of 8 No stelen weapeft s7 a4l be destrreyM pur-suant to 9 sok sier - e} Mess reaseeable eetiee is givett to its 10 i ewnerr, if hifi er- her- idefttR, yx a d address eae be 11aseerta 12 . ,.T,...,.,:th subdivisi 4e)-, atty weapr-nns 13 thet the eustedieA effieers deter feed eke frefiftWelaq 14 of pafagrrao{85}or J-7+of subdi-visier-t{b+of SeeSen 12028 15 as awe firearms or- des, be eff ered for sale 16 periediea4y at peblie aae6en to per-sons lieettsed 17 pursttemt. t-e geet4ett 12071 t-e eergage in businesses 18 hese . 19 -( - Nig ie this seetiee shall be ee f str ea t-e apply 20 to fires that haeme beee pttrehas by law e r_ee n t 21 22 SEG. 2: 23 SECTION 1. Section 8102 of the Welfare and 24 Institutions Code is amended to read: 25 8102. (a) Whenever a person, who has been detained 26 or apprehended for examination of his or her mental 27 condition or who is a person described in Section 8100 or 28 8103, is found to own, have in his or her possession or ` M 29 under his or her control, any firearm whatsoever, or any 30 other deadly weapon, the firearm or other deadly weapon 31 shall be confiscated by any law enforcement agency or 32 peace officer, who shall retain custody of the firearm or 33 other deadly weapon. 34 "Deadly weapon," as used in this section, has the 35 meaning prescribed by Section 8100. 36 (b) Upon confiscation of any f=irearm or other deadly 37 weapon from a person who has been detained or 38 apprehended for examination of his or her mental 39 condition, the peace officer or law enforcement agency 40 shall notify the person of the procedure for the return of 97 i — 5 — AB 633 y ' 1 any firearm or other deadly weapon which has been 2 confiscated. 3 Where the person is released, the professional person 4 in charge of the facility, or his or her designee, shall notify 5 the person of the procedure for the return of any firearm t 6 or other deadly weapon which may have been 7 confiscated. 8 Health facility personnel shall notify the confiscating 9 law enforcement agency upon release of the detained x 10 person, and shall make a notation to the effect that the 11 facility provided the required notice to the person 12 regarding the procedure to obtain return of any 13 confiscated firearm. 14 (c) Upon the release of a person as described in 15 subdivision (b), the confiscating law enforcement agency 16 shall have 30 days, unless good cause is shown,.to initiate 17 a petition in the superior court for a hearing to determine 18 whether the return of a firearm or other deadly weapon 19 would be likely to result in endangering the person or 20 others, and to send a notice advising the person of his or 21 her right to a hearing,on this issue. 22 (d) The law enforcement agency shall inform the 23 person that he or she has 30 days to respond to the court -� 24 clerk to confirm his or her desire for a hearing, and that �} 25 the failure to respond will result in a default order 26 forfeiting the confiscated firearm or weapon. For the 27 , purpose of this subdivision, the person's last known 28 address shall. be the address provided to the law 29 enforcement officer by the person at the time of the 30 person's detention or apprehension. 31 (e) If the person responds and requests a hearing, the 32 court clerk shall set a hearing, no later than 30 days from 33 receipt of the request. The court clerk shall notify the ' 34 person and the district attorney of the date, time, and 35 place of the hearing. 36 (f) If the person does not respond within 30 days of the 37 notice, the law enforcement agency may file a petition for 38 order of default. 97 .... . ... ............1..,'�,�,.;.�L�:�+rs!rs"..:...•'•leSs>`.�-k�i}n..`,r''.....>•.Y;i..,.,t,..t<:ii.. ._.. .__.,.,_._...-.,,..._....... .....:i.....x,. .....;:st...,.,.»„..._x_..,....t.,..+...a.... .,......-.... _._ .._ , l AB 633 — 6 - 1 - 6 - 1 (g) If the law enforcement agency does not initiate 2 proceedings within the 30-day period, it shall make the 3 weapon available for return. 4 SEG. a: N,.,-_., sta"E ftg Seetief 17610 of the 5 Ge-yer—mitent GeEl the GeffiffAsst ee State�- es 6 det-erffiiftetffixftt thie aet eentetitts eests fftaftdated by the 74.+ � leeal . ae:+�eea a aehee� t to gathe8E3ets 9 - eeofffteneing with Seetieft 44590) of Pirvisien 4 of T-Ale 10. $ of the r•...,,....m.r..ettt Gude. If the stfAewide eest of the 11 elate fer r-eh-Prbtw9effteftt =ees met e3feeed efte ft4%ett 12 h a s --99E r i ffkbtffse ffle sh44 be made fry > > > 13 the State Mmdettes Glaims FuRE1. 14 Netwifhstmtding Seetie 17580 of the G,. ,..rnmen 15 Gede,tasless etherwisee Spee the p ew of this aet 16 shah beeeme eperatiie the same aet 17 takes effeetptwseeait to the Gakferrita Geftst}ttrt o : F o 97