HomeMy WebLinkAboutMINUTES - 06122007 - C.38 i
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TO: BOARD OF SUPERVISORS '�"�� Contra
FROM: Ad Hoc Committee on Violence Prevention _`=
=_ Is Costa
John Gioia, District I, Chair, x'
Federal Glover, District V, Member ko
DATE: June 12, 2007 osTACOUK�'�
County
SUBJECT: Support Assembly Bills 1471, 362, and 334 Regulating Guns 3 7
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. SUPPORT Assembly Bill 1471 (Feuer and DeSaulnier) which would expand the definition of
unsafe handgun to include semiautomatic pistols that are not designed and equipped with a
microscopic array of characters that identify the make, model, and serial number of the pistol, that
are transferred by imprinting on each cartridge case when fired,
2. SUPPORT Assembly Bill 362 (De Leon) which would require registration of any vendor who sells
or transfers more than 50 rounds of ammunition in any month, and
3. SUPPORT Assembly Bill 334 (Levine)�which would require that a lost or stolen handgun be
reported to a local law enforcement agency within five days, as recommended by the Ad Hoc
Committee on Violence Prevention.
BACKGROUND:
On June 23, 2007 the Ad Hoc Committee on Violence Prevention discussed three pieces of pending
legislation and requested that the items be referred to the Board of Supervisors with a request from
the Committee to support these pieces of legislation.
CONTINUED ON ATTACHMENT: YES SIGN URE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE O ER
SIGNATURE(S): John ioi air Feeral Glover,Member
ACTION OF BOARD ON (� PPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
UNANIMOUS(ABSENT
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
� )S� � )
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Dorothy Sansoe,335-1009
cc: District I ATTESTED
District V JOHN CULLE ,CLERK OF THE BOARD OFSUPERVISORS AND
County Administrator COUNTY ADMINISTRATOR
Lara Delaney
Cathy Christian
BY: DEPUTY
Page 2 of 3
Support Assembly Bills 1471, 362, and 334
Assembly Bill 1471 (Feuer and DeSaulnier) would, commencing January 1, 2010, expand the
definition of an unsafe handgun to include semiautomatic pistols that are not designed and equipped
with a microscopic array of characters that identify the make, model and serial number of the pistol,
etched in two or more places on the interior surface or internal working parts of the pistol. These
identifying characters would be transferred by imprinting on each cartridge case that is fire from the
gun. A cartridge case can then easily be traced back to the registered owner of the gun.
According to the author, microstamping technology would give law enforcement a tool that will
provide evidence to help investigate, arrest and convict more people who use semiautomatic
handguns in crimes and provide rapid leads in the first crucial hours after a homicide. This bill will
allow law enforcement to positively link used cartridge casings recovered at crime scenes to the crime
gun. The additional cost is estimated to be $0.50 to $2 a gun and no new licenses or permits are
required.
No arrest is made in approximately 45% of all homicides in California because police lack the
evidence they need. Of the approximately 2,400 homicides in California per year over 60% are
committed handguns (2004 DOJ data). Approximately 70% of new handguns in California are
semiautomatics ('Handgun Commerce California 1999,' Sacramento: Violence Prevention Research
Program, 2002).
Opposition to this bill has been registered by eleven groups or individuals, including the National Rifle
Association and the California Association, of Firearm Retailers, among others.
Support for this bill has been registered by, the City of Los Angeles; the Violence Prevention Coalition
of Orange County; and twenty-five police departments throughout the State including Antioch,
Brentwood, Clayton, Concord, Pinole and Walnut Creek in Contra Costa County.
Assembly Bill 362 (De Leon) would require that, commencing July 1, 2008, unless specifically
excluded, no person shall sell or transfer more than 50 rounds of handgun ammunition in any month
unless they are registered as a handgun ammunition vendor. Vendors would be required to obtain a
background clearance for employees selling ammunition and the Department of Justice would be
required to maintain a registry of handgun ammunition vendors. Retail establishments who do not
sell firearms but do sell ammunition are not currently required to register or perform background
checks.
According to the Department of Justice, gun violence has increased over 34% in six years from 1999
to 2005. According to the California Chapters of the Brady Campaign to Prevent Gun Violence,
"Numerous laws relate to firearms. Ammunition, the actual agent of harm caused by firearms,
remains virtually unregulated. Current law provides that people who are prohibited from purchasing
and possessing firearms are also prohibited from purchasing ammunition. At the present time, there
is no way to enforce this law. The individuals engaged in the sale of ammunition are unknown.
Similarly, how much ammunition is sold and of what type, and even whether those engaged in the
business are criminals is unknown. This far-, reaching bill would take a major step in addressing all of
these issues.
Page 3 of 3
Support Assembly Bills 1471, 362, and 334
Support for the legislation has been registered by the California Chapters of the Brady Campaign to
Prevent Gun Violence, the Legal Community Against Violence, Orange County Citizens for the
Prevention of Gun Violence, and Women Against Gun Violence.
Opposition for the legislation has been registered by eleven organization or individuals, including the
California Rifle and Pistol Association, Inc., the National Shooting Sports Foundation, Inc., and the
California Association of Firearms Retailers, among others.
Assembly Bill 334 (Levine) would make it an infraction for any person whose handgun is stolen or
irretrievably lost to fail to report the theft or loss to a local law enforcement agency within five working
days. The bill would provide that local governments are not prohibited from enacting ordinances
imposing reporting requirements that are''.more strict than those specified in this bill.
According to the author, "This bill seeks to limit the ability of straw purchasers to supply guns to
criminals who cannot legally own firearms. Often, criminals who are not eligible to own a gun contact
a 'straw purchaser who can legally purchase a firearm. This straw purchaser buys a gun, and then
sells the gun on the black market to the person who cannot legally own a gun. When the new owner
commits a crime with the black market gun, it is often traced back to the straw purchaser. The straw
purchaser can then claim he lost the gun prior to the crime, and law enforcement is unable to
prosecute. This bill would require a gun owner to report a lost or stolen gun. If the loss is not
reported within five days, the registered owner of the firearm can be fined. This should significantly
curb the ability of criminals to acquire firearms through straw purchasers. As gang violence has
increased across California, particularly in,the City of Los Angeles, new measures must be adopted to
prevent dangerous criminals from obtaining these deadly weapons. The current patchwork of lost
and stolen regulations adopted in some municipalities has proven ineffective at curbing the ability of
straw purchasers to operate in the black market. A statewide lost and stolen requirement is a logical
policy remedy to curb increasing gang violence in California."
A 2003 report by the Johns Hopkins Center for Gun Policy and Research, which addresses the role of
gun theft in arming criminals and the importance of mandatory theft reporting policies, cites surveys of
gun owners that suggest some 500,000 guns are stolen annually from private citizens nationwide.
Data from a 1997 national survey of incarcerated criminals indicate the prominent role theft plays in
arming criminals. When asked how they obtained a gun, almost 20% reported stealing it or buying it
from a fence.
Opposition has been registered by nine organizations, including the California Association of
Firearms Retailers, California Rifle and Pistol Association, and the Safari Club International, among
others.
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AMENDED 1N ASSEMBLY APRIL 10, 2007
CALIFORNIA LEGISLATURE-2007_o8 REGULAR SESSION
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ASSEMBLY BILL No. 1471
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Introduced by Assembly Member Feuer
(Principal coauthor: Assembly Member DeSaulnier)
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February 23, 2007
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An act to amend Section 12126 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1471, as amended, Feuer. Firearms:microstamping.
Existing law defines unsafe handguns as'I failing to pass certain tests,
or lacking certain features, as specified.
This bill, the Crime Gun Identification Act of 2007, would,
commencing January 1,2010,expand the definition of unsafe handgun
to include semiautomatic pistols that are not designed and equipped
with a microscopic array of characters that identify the make, model,
and serial number of the pistol, etched-rote in two or more places on
the interior surface or internal working parts of the pistol, and that are
transferred by imprinting on each cartridge case when the firearm is
fired. I
By expanding the definition of"unsafe Handgun," the manufacture,
sale, and other specified transfer of which is a crime, this bill would
expand the scope of an existing crime, and thereby impose a
state-mandated local program. I
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures formaking that reimbursement.
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AB 1471 —2—
This
2—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:
1 SECTION]. This act shall be known, and maybe cited as, the
2 Crime Gun Identification Act of 2007.
3 rEn-r i. ,
4 SEC. 2. Section 12126 of the Penal Code is amended to read:
5 12126. As used in this chapter, `unsafe handgun' means any
6 pistol,revolver, or other firearm capable of being concealed upon
7 the person, as defined in subdivision (a) of Section 12001, for
8 which any of the following is true:
9 (a) For a revolver:
10 (1) It does not have a safety device that,either automatically in
11 the case of a double-action firing mechanism, or by manual
12 operation in the case of a single-action firing mechanism, causes
13 the hammer to retract to a point where the firing pin does not rest
14 upon the primer of the cartridge.
15 (2) It does not meet the firing requirement for handguns pursuant
16 to Section 12127.
17 (3) It does not meet the drop safety requirement for handguns
18 pursuant to Section 12128.
19 (b) For a pistol:
20 (1) It does not have a positive manually operated safety device,
21 as determined by standards relating to,imported guns promulgated
22 by the federal Bureau of Alcohol,Tobacco, and Firearms.
23 (2) It does not meet the firing requirement for handguns pursuant
24 to Section 12127.
25 (3) It does not meet the drop safety requirement for handguns
26 pursuant to Section 12128.
27 (4) Commencing January 1, 2006, for a center fire
28 semiautomatic pistol that is not already listed on the roster pursuant
29 to Section 12131, it does not have either a chamber load indicator,
30 or a magazine disconnect mechanism.
31 (5) Commencing January 1, 2007, for all center fire
32 semiautomatic pistols that are not already listed on the roster
33 pursuant to Section 12131, it does not have both a chamber load
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1 indicator and if it has a detachable magazine, a magazine
2 disconnect mechanism.
3 (6) Commencing January 1,2006,for all rimfire semiautomatic
4 pistols that are not already listed on'the roster pursuant to Section
5 12131, it does not have a magazine disconnect mechanism, if it
6 has a detachable magazine.
7 (7) Commencing January 1,2010,for all semiautomatic pistols
8 that are not already listed on the roster pursuant to Section 12131,
9 it is not designed and equipped with a microscopic array of
10 characters that identify the make,model, and serial number of the
11 pistol, etched or otherwise imprinted-onto in two or more places
12 on the interior surface or internal working parts of the pistol, and
13 that are transferred by imprinting on'each cartridge case when the
14 firearm is fired. 1
15 (c) As used in this section, a "chamber load indicator" means
16 a device that plainly indicates that a cartridge is in the firing
17 chamber. A device satisfies this definition if it is readily visible,
18 has incorporated or adjacent explanatory text or graphics, or both,
19 and is designed and intended to indicate to a reasonably foreseeable
20 adult user of the pistol, without requiring the user to refer to a
21 user's manual or any other resource other than the pistol itself,
22 whether a cartridge is in the firing chamber.
23 (d) As used in this section,a"magazine disconnect mechanism"
24 means a mechanism that prevents a semiautomatic pistol that has
25 a detachable magazine from operating to strike the primer of
26 ammunition in the firing chamber when a detachable magazine is
27 not inserted in the semiautomatic pistol.
28 (e) As used in this section, a "semiautomatic pistol" means a
29 pistol,as defined in subdivision(a)of Section 12001,the operating
30 mode of which uses the energy of theexplosive in a fixed cartridge
31 to extract a fired cartridge and chamber a fresh cartridge with each
32 single pull of the trigger.
33 SEG. 2.
34 SEC. 3. No reimbursement is required by this act pursuant to
35 Section 6 of Article XIII B of the California Constitution because
36 the only costs that may be incurred by a local agency or school
37 district will be incurred because this'act creates a new crime or
38 infraction,eliminates a crime or infraction,or changes the penalty
39 for a crime or infraction, within the meaning of Section 17556 of
40 the Government Code,or changes the definition of a crime within
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AB 1471 —4—
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4-1 the meaning of Section 6 of Article XIII B of the California
2 Constitution.
a
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AMENDED 1N ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
CALIFORNIA LEGISLATURE-2007,—o8 REGULAR SESSION
ASSEMBLY BILL No. 362
Introduced by Assembly Member De .Leon
(Coauthor: Senator Scott)
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February 14, 2007
An act to amend Sections 11106, 12010, 1.2011, and 12012 of, and
to add Sections 12315, 12316.5, 12317, 1,2318,and 12326 to,the Penal
Code, relating to ammunition. i
LEGISLATIVE COUNSEL'S DIGEST
AB 362, as amended, De Leon. Ammunition.
Existing law requires the Department of Justice to maintain records
pertaining to firearms transactions.
This bill would require the department to maintain additional
information relating to ammunition transfers, as specified.
Existing law establishes the Prohibited Armed Persons File, which
lists persons who are prohibited from possessing firearms,as specified.
This bill would expand those provisions,to include persons prohibited
from possessing ammunition. i
Existing law generally regulates the sale of ammunition.
This bill would require that commencing July 1, 2008, unless
specifically excluded, no person shall sell or transfer more than 50
rounds of handgun ammunition in any month unless they are registered
as a handgun ammunition vendor,as defined.The bill would also require
these vendors to obtain a background clearance for those employees
who would handle ammunition in the'course and scope of their
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AB 362 —2—
employment.
2—
employment. The bill would require the Department of Justice to
maintain a registry of registered handgun ammunition vendors, as
specified. Violation of these provisions, as specified, would be a
misdemeanor. I
The bill would also provide that no retail seller of ammunition shall
sell, offer for sale, or display for sale, any handgun ammunition in a
manner that allows that ammunition to be accessible to a purchaser
without the assistance of the retailer or employee thereof. Violation of
these provisions would be punishable as an infraction with a fine of
$500, or as a misdemeanor. i
The bill would further provide that handgun ammunition may only
be purchased in a face-to-face transaction and only if certain conditions
exist. I
By creating new crimes,this bill would impose a state-mandated local
program.
Existing law provides that it is a crimeito sell ammunition to a minor,
or to sell handgun ammunition to a person who is under 21 years of
age. I
This bill would provide that any person under 21 years of age who
purchases,or who attempts to purchase,handgun ammunition by using
a false identification document, or by otherwise misrepresenting the
person's age, and any minor who purchases, or attempts to purchase,
any ammunition by using a false identification document,or otherwise
misrepresenting the person's age, is guilty of a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
Existing law generally regulates what(information is required to be
obtained in connection with the transfer of ammunition.
This bill would, subject to exceptions, require certain ammunition
vendors to obtain a thumbprint and other information from ammunition
purchasers, and would require submission of that information to the
Department of Justice, as specified. A violation of these provisions
would be a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program. i
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.
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—3— AB 362
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11106 of the Penal Code is amended to
2 read: 1
3 11106. (a) In order to assist in'the investigation of crime, the
4 prosecution of civil actions by city attorneys pursuant to paragraph
5 (3)of subdivision(c),the arrest and prosecution of criminals,and
6 the recovery of lost,stolen,or found property,the Attorney General
7 shall keep and properly file a complete record of all copies of
8 fingerprints, copies of licenses to carry firearms issued pursuant
9 to Section 12050,information reported to the Department of Justice
10 pursuant to Section 12053, submitted pursuant to Section 12326,
11 dealers'records of sales of firearms, reports provided pursuant to
12 Section 12072 or 12078,forms provided pursuant to Section 12084,
13 as that section read prior to being repealed by the act that amended
14 this section, reports provided pursuant to Section 12071 that are
15 not dealers'records of sales of firearms,and reports of stolen,lost,
16 found, pledged, or pawned property in any city or county of this
17 state, and shall, upon proper application therefor, furnish this
18 information to the officers referred to in Section 11105.
19 (b) (1) Except as provided in subdivision (d), the Attorney
20 General shall not retain or compile'any information from reports
21 filed pursuant to subdivision(a)of Section 12078 for firearms that
22 are not handguns,from forms submitted pursuant to Section 12084,
23 as that section read prior to being repealed by the act that amended
24 this section, for firearms that are not handguns, or from dealers'
25 records of sales for firearms that are not handguns. All copies of
26 the forms submitted, or any information received in electronic
27 form,pursuant to Section 12084,as that section read prior to being
28 repealed by the act that amended this section, for firearms that are
29 not handguns, or of the dealers' records of sales for firearms that
30 are not handguns shall be destroyed within five days of the
31 clearance by the Attorney General, unless the purchaser or
32 transferor is ineligible to take possession of the firearm.All copies
33 of the reports filed,or any information received in electronic form,
34 pursuant to subdivision(a) of Section 12078 for firearms that are
35 not handguns shall be destroyed within five days of the receipt by
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AB 362 —4—
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4—I the Attorney General, unless retention is necessary for use in a
2 criminal prosecution.
3 (2) A peace officer, the Attorney General, a Department of
4 Justice employee designated by the Attorney General, or any
5 authorized local law enforcements employee shall not retain or
6 compile any information from a firearms transaction record, as
7 defined in paragraph (5) of subdivision (c) of Section 12071, for
8 firearms that are not handguns unless retention or compilation is
9 necessary for use in a criminal prosecution or in a proceeding to
10 revoke a license issued pursuant to Section 12071.
11 (3) A violation of this subdivision is a misdemeanor.
12 (c) (1) The Attorney General shall permanently keep and
13 properly file and maintain all information reported to the
14 Department of Justice pursuant to Sections 12071, 12072, 12078,
15 12082,and former Section 12084 of any other law,as to handguns
16 and maintain a registry thereof.
17 (2) The registry shall consist of all of the following:
18 (A) The name, address, identification of, place of birth (state
19 or country), complete telephone number, occupation, sex,
20 description,and all legal names and aliases ever used by the owner
21 or person being loaned the particular handgun as listed on the
22 information provided to the department on the Dealers'Record of
23 Sale, the Law Enforcement Firearms Transfer(LEFT), as defined
24 in former Section 12084, or reports made to the department
25 pursuant to Section 12078 or any other law.
26 (B) The name and address of,and other information about, any
27 person(whether a dealer or a private party)from whom the owner
28 acquired or the person being loaned the particular handgun and
29 when the firearm was acquired or loaned as listed on the
30 information provided to the department on the Dealers'Record of
31 Sale, the LEFT, or reports made to, the department pursuant to
32 Section 12078 or any other law.
33 (C) Any waiting period exemption applicable to the transaction
34 which resulted in the owner of or the person being loaned the
35 particular handgun acquiring or being loaned that firearm.
36 (D) The manufacturer's name if stamped on the firearm,model
37 name or number if stamped on the firearm, and, if applicable, the
38 serial number, other number (if more than one serial number is
39 stamped on the firearm), caliber, type of firearm, if the firearm is
40 new or used, barrel Icngth, and color,of the firearm.
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1 (3) Information in the registry referred to in this subdivision
2 shall,upon proper application therefor,be furnished to the officers
3 referred to in.Section 11105, to a city attorney prosecuting a civil
4 action, solely for use in prosecuting that civil action and not for
5 any other purpose, or to the person listed in the registry as the
6 owner or person who is listed as being loaned the particular
7 handgun.
8 (4) If any person is listed in the registry as the owner of a firearm
9 through a Dealers' Record of Sale'prior to 1979, and the person
10 listed in the registry requests by letter that the Attorney General
11 store and keep the record electronically, as well as in the record's
12 existing photographic,photostatic,br nonerasable optically stored
13 form, the Attorney General shall do so within three working days
14 of receipt of the request. The Attorney General shall, in writing,
15 and as soon as practicable,notify the person requesting electronic
16 storage of the record that the request has been honored as required
17 by this paragraph.
18 (d) (1) Any officer referred to in paragraphs(1)to(6),inclusive,
19 of subdivision(b)of Section 11105,may disseminate the name of
20 the subject of the record, the numb6r of the firearms listed.in the
21 record, and the description of any,firearm, including the make,
22 model, and caliber, from the record relating to any firearm's sale,
23 transfer,registration,or license record,or any information reported
24 to the Department of Justice pursuant to Section 12021.3, 12053,
25 12071, 12072, 12077, 12078, 12082, or 12285, or information
26 reported to the Department of Justice pursuant to Section 12326
27 as to the brand,type,and amount of ammunition transferred if the
28 following conditions are met:
29 (A) The subject of the record has been arraigned for a crime in
30 which the victim is a person described in subdivisions (a) to (f),
31 inclusive, of Section 6211 of the ,Family Code and is being
32 prosecuted or is serving a sentence for the crime, or the subject of
33 the record is the subject of an emergency protective order, a
34 temporary restraining order, or an order after hearing, which is in
35 effect and has been issued by a family court under the Domestic
36 Violence Protection Act set forth in Division 10 (commencing
37 with Section 6200) of the Family Code.
38 (B) The information is disseminated only to the victim of the
39 crime or to the person who has obtained the emergency protective
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6-1 order, the temporary restraining order, or the order after hearing
2 issued by the family court.
3 (C) Whenever a law enforcement officer disseminates the
4 information authorized by this subdivision,that officer or another
5 officer assigned to the case shall immediately provide the victim
6 of the crime with a `'Victims of(Domestic Violence' card, as
7 specified in subparagraph (H) of paragraph (9) of subdivision(c)
8 of Section 13701.
9 (2) The victim or person to whom inforination is disseminated
10 pursuant to this subdivision may disclose it as he or she deems
11 necessary to protect himself or herself or another person from
12 bodily harm by the person who is the subject of the record.
13 SEC. 2. Section 12010 of the Penal Code is amended to read:
14 12010. (a) The Attorney General shall establish and maintain
15 an online database to be known as the Prohibited Armed Persons
16 File.The purpose of the file is to cross-reference persons who have
17 ownership or possession of a firearm or ammunition on or after
18 January 1, 1991, as indicated by a record in the Consolidated
19 Firearms Information System,or as indicated in reports submitted
20 to the Department of Justice pursuant to Section 12326, and who,
21 subsequent to the date of that ownership or possession of a firearm
22 or ammunition, fall within a class of persons who are prohibited
23 from owning or possessing a firearm or ammunition.
24 (b) The information contained in the Prohibited Armed Persons
25 File shall only be available to those entities specified in, and
26 pursuant to, subdivision (b) or (c) of Section 11105, through the
27 California Law Enforcement Telecommunications System,for the
28 purpose of determining if persons are armed and prohibited from
29 possessing firearms or ammunition.
30 SEC. 3. Section 12011 of the Penal Code is amended to read:
31 12011. The Prohibited Armed Persons File database shall
32 function as follows:
33 (a) Upon entry into the Automated Criminal History System of
34 a disposition for a conviction of any'Ifelony, a conviction for any
35 firearms-prohibiting charge specified in Section 12021, a
36 conviction for an offense described in:Section 12021.1, a firearms
37 prohibition pursuant to Section 8100'or 8103 of the Welfare and
38 Institutions Code, an ammunition prohibition pursuant to
39 subdivision (b) of Section 12316, or any firearms possession
40 prohibition identified by the federal Naiional Instant Check System,
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1 the Department of Justice shall determine if the subject has an
2 entry in the Consolidated Firearms,Information System indicating
3 possession or ownership of a firea6 on or after January 1, 1991,
4 or an assault weapon registration, or a .50 BMG rifle registration,
5 or ammunition as indicated in reports submitted to the Department
6 of Justice pursuant to Section 12'26.
7 (b) Upon an entry into any department automated information
8 system that is used for the identification of persons who are
9 prohibited from acquiring, owning, or possessing firearms or
10 ammunition, the department shall determine if the subject has an
1 l entry in the Consolidated Firearms Information System indicating
12 ownership or possession of a firearm on or after January 1, 1991,
13 or an assault weapon registration, of a .50 BMG rifle registration,
14 or acquired ammunition as indicated in reports submitted to the
15 Department of Justice pursuant to Section 12326.
16 (c) If the department determines that, pursuant to subdivision
17 (a) or (b), the subject has an entry;in the Consolidated Firearms
18 Information System indicating possession or ownership of a firearm
19 on or after January 1, 1991, or an assault weapon registration, or
20 a .50 BMG rifle registration,or acquired ammunition as indicated
21 in reports submitted to the Department of Justice pursuant to
22 Section 12326,the following information shall be entered into the
23 Prohibited Armed Persons File:
24 (1) The subject's name.
25 (2) The subject's date of birth.
26 (3) The subject's physical dcscription.
27 (4) Any other identifying information regarding the subject that
28 is deemed necessary by the Attorney General.
29 (5) The basis of the firearms ;or ammunition possession
30 prohibition.
31 (6) A description of all firearms ;owned or possessed by the
32 subject, as reflected by the Consolidated Firearms Information
33 System or ammunition acquired as indicated in reports submitted
34 to the Department of Justice pursuant to Section 12326.
35 SEC. 4. Section 12012 of the Penal Code is amended to read:
36 12012. The Attorney General 'shall provide investigative
37 assistance to.local law enforcement agencies to better ensure the
38 investigation of individuals who are',armed and prohibited from
39 possessing a firearm or ammunition.
40 SEC. 5. Section 12315 is.added to the Penal Code, to read:
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1 12315. (a) As used in this section, the following terms apply:
2 (1) "Handgun ammunition" means handgun ammunition as
3 defined in subdivision (a) of Section 12323.
4 (2) "Registered handgun ammunition vendor"means any person
5 or business that has all of the following:
6 (A) Any regulatory or business license,or licenses,required by
7 local government. 1
8 (.B) A valid seller's permit issued by the State Board of
9 Equalization.
10 (C) Is among those recorded in the centralized ammunition
11 vendor's registry specified in subdivision (c).
12 (D) A certificate of eligibility issued pursuant to Section 12071.
13 (3) "Immediate family member" has the same meaning as set
14 forth in subdivision (c) of Section 12078.
15 (b) Commencing July 1, 2008, no person shall sell or transfer
16 more than 50 rounds of handgun ammunition in any month unless
17 the person is registered as a handgun ammunition vendor as
18 described in paragraph (1). 1
19 (c) A registered handgun ammunition vendor shall not permit
20 any employee who the registered handgun ammunition vendor
21 knows or reasonably should know is a person described in Section
22 J 2021 or 12021.1. of this code or Section 8100 or 8103 of the
23 Welfare and Institutions Code to handle handgun ammunition in
24 the course and scope of his or her employment. A registered
25 handgun ammunition vendor is authorized to request a background
26 clearance from the Department of Justice pursuant to subdivision
27 (d) of Section 12076 to determine'if an employee or potential
28 employee is a person described in any of the specified sections.
29 The department may require the registered handgun ammunition
30 vendor to charge a fee sufficient to reimburse it for the background
31 clearance authorized pursuant to subdivision(e)of Section 12076.
32 Fees received by the-departmeiit pursuant to this section shall be
33 deposited in the Dealers' Record of,Sale Special Account of the
34 General Fund. 1
35 (d) The Department of Justice shall keep a centralized registry
36 of all persons, businesses, and corporations who are registered
37 handgun ammunition vendors. The department may remove from
38 this registry any vendor who violates the provisions of this chapter.
39 Upon removal of a registered handgun ammunition vendor from
40 this registry,notification shall be provided to local law enforcement
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1 and licensing authorities in the jurisdiction where the vendor's
2 business is located.
3 (e) This section does not apply,to any of the following:
4 (1) Wholesale sellers of handgun ammunition who sell or
5 transfer handgun ammunition to persons or entities as set forth in
6 paragraphs (2) to (8), inclusive. 1
7 (2) Sales or transfers of handgun ammunition by a target facility
8 which holds a business or regulatory license to persons who are
9 on the premises of the target facility or sales of handgun
10 ammunition to persons who are on the premises of any club or
11 organization organized for the purposes of practicing shooting at
12 targets upon established ranges, whether public or private, if the
13 sale of the ammunition occurs at the premises of the target range
14 or on the premises of the club orl,organization and is sold to a
15 person who is using ammunition primarily at the facility.
16 (3) Sales or transfers of handgun ammunition by persons
17 licensed pursuant to Section 120711.
18 (4) Sales or transfers of handgun ammunition by commercial
19 hunting clubs, game bird clubs, or pheasant clubs licensed by the
20 Department of Fish and Game. 1
21 (5) Sales or transfers of handgun ammunition by a nonprofit
22 public benefit or mutual benefit corporation organized pursuant
23 to Part 2 (commencing with Section'.5110)or Part 3 (commencing
24 with Section 7110)of Division 2 of the Corporations Code,if both
25 of the following conditions are satisfied:
26 (A) The nonprofit public benefit or mutual benefit corporation
27 is selling ammunition to assist the corporation or local chapters of
28 the corporation in conducting auctions or similar events at which
29 firearms are auctioned off and to fund the activities of the
30 corporation or the local.chapters of the corporation.
31 (B) The firearms being auctioned off at the corporation's
32 auctions or events are not primarily handguns.
33 (6) A person who is on the centralized list maintained by the
34 Department of Justice pursuant to Section 12083.
35 (7) Sales or transfers of handgun ammunition to authorized law
36 enforcement representatives of cities,counties,cities and counties,
37 or state or federal governments for exclusive use by those
38 government agencies if, prior to the,delivery, transfer, or sale of
39 these firearms, written authorization from the head of the agency
40 authorizing the transaction is presented to the person from whom
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1 the purchase, delivery, or transfer is being made. Proper written
2 authorization is defined as verifiable written certification from the
3 head of the agency by which the purchaser or transferee is
4 employed, identifying the employee as an individual authorized
5 to conduct the transaction, and authorizing the transaction for the
6 exclusive use of the agency by which he or she is employed.
7 (8) Sales or transfers of handgun ammunition to authorized
8 representatives of cities, counties, cities and counties, or state or
9 federal governments for those government agencies in which the
10 entity is acquiring the ammunition as part of an authorized,
I 1 voluntary program in which the ,entity is buying or receiving
12 ammunition from private individuals.
13 (9) Sales or transfers of handgun ammunition between
14 immediate family members or spouses or registered domestic
15 partners. ...1
16 (10) Sales or transfers of handgun ammunition at a target facility
17 which holds a business or regulatory license to persons who are
18 on the premises of the target facility between persons who are on
19 the premises of any club or organization organized for the purposes
20 of practicing shooting at targets upon established ranges,whether
21 public or private, if the sale or transfer of the ammunition occurs
22 on the premises of the target range Ior on the premises of the club
23 or organization and is sold to a person who is using ammunition
24 primarily at the facility. 1
25 (f) A violation of this section is punishable as a misdemeanor.
26 SEC. 6. Section 12316.5 is added to the Penal Code, to read:
27 12316.5. (a) Any person under 21 years of age who purchases,
28 or who attempts to purchase,handgun ammunition by using a false
29 identification document, or by otherwise misrepresenting the
30 person's age, and any minor who purchases, or attempts to
31 purchase,any ammunition by using a false identification document,
32 or otherwise misrepresenting the person's age, is guilty of a
33 misdemeanor. 1
34 (b) As used in this section, "handgun ammunition" means
35 handgun ammunition as defined in subdivision (a) of Section
36 12323. 1
37 SEC. 7. Section 12317 is added to the Penal Code, to read:
38 12317. (a) As used in this section, the following terms apply:
39 (1) "Handgun ammunition" means handgun ammunition as
40 defined in subdivision(a) of Section 12323.
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1 (2) "Seller of ammunition"means any of the following:
2 (A) A person licensed pursuant Ito Section 12071.
3 (B) A person registered as a registered handgun ammunition
4 vendor with the Department oi'Justice pursuant to Section 12315.
5 (C) A commercial bunting club, game bird club, or pheasant
6 club licensed by the Department of Fish and Game.
7 (D) A target facility which holds la regulatory or business license.
8 (E) A person who is on the centralized list maintained by the
9 Department oi'Justice pursuant to Section 12083.
10 (b) No seller of ammunition shall sell, offer of sale, or display
11 for sale, any handgun ammunition in a manner that allows that
12 ammunition to be accessible to a purchaser without the assistance
13 of the seller or employee thereof. 1
14 (c) Violation of this section is punishable as an infraction with
15 a fine of five hundred dollars ($500), or as a misdemeanor.
16 (d) The Attorney General is authorized to adopt regulations to
17 implement the provisions of this section.
18 SEC. 8. Section 12318 is added to the Penal Code, to read:
19 12318. (a) Handgun ammunition may only be purchased in a
20 face-to-face transaction, provided that the seller view a bona fide
21 evidence of identity from the retail purchaser and act in accordance
22 with existing law.
23 (b) (1)"Bona fide evidence of identity"means a document issued
24 by a federal,state,county,or municipal government,or subdivision
25 or agency thereof, including, but not limited to, a motor vehicle
26 operator's license, state identification card, identification card
27 issued to a member of the armed forces, or other form of
28 identification that bears the name, 'date of birth, description, and
29 picture of the person. 1
30 (2) "Handgun ammunition" means handgun ammunition as
31 defined in subdivision (a) of Section 12323.
32 (c) Subdivision (a) shall not apply to or effect the deliveries,
33 transfers,or sales of,handgun ammunition to any of the following:
34 (1) Authorized law enforcement representatives of cities,
35 counties,cities and counties,or state and federal governments for
36 exclusive use by those government agencies if,prior to the delivery,
37 transfer,or sale of the handgun ammunition,written authorization
38 from the head of the agency employing the purchaser or transferee,
39 is obtained identifying the employee as an individual authorized
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AB 362 —12-1
1 to conduct the transaction, and authorizing the transaction for the
2 exclusive use of the agency employing the individual.
3 (2) Sworn peace officers,as defined in Chapter 4.5(commencing
4 with Section 830) of Title 3 of Part 2 who are authorized to carry
5 a firearm in the course and scope of their duties.
6 (3) Rimfire ammunition.
7 SEC. 9. Section 12326 is added to the Penal Code, to read:
8 12326. (a) For purposes of this section, the following terms
9 apply: j
10 (1) "Seller of handgun ammunition"means any of the 1:ollowing:
11 (A) Persons licensed pursuant to Section 12071.
12 (B) A person registered with the Department of Justice pursuant
13 to Section 12315 as a registered handgun ammunition seller.
14 (C) A person who is on the centralized list maintained by the
15 Department of Justice pursuant to Section 12083.
16 (D) A target facility which holds a business or regulatory license.
17 (E) Commercial hunting clubs, game bird clubs, or pheasant
18 clubs licensed by the Department of Fish and Game.
19 (F) Gunsmiths.
20 (G) Wholesalers.
21 (H) Manufacturers or importersi of firearms licensed pursuant
22 to Chapter 44 (commencing with Section 921) of Title 18 of the
23 United States Code, and the regulations issued pursuant thereto.
24 (2) "Handgun ammunition"means assembled live ammunition,
25 other than .22 caliber,primarily foi, use in a handgun.
26 (b) Commencing July 1,2008,no seller of handgun ammunition
27 shall sell or otherwise transfer I ownership of any handgun
28 ammunition without at the time of purchase recording the following
29 information in a format to be prescribed by the Department of
30 Justice: j
31 (1) The date of the transaction.
32 (2) The name, address, and date'of birth of the transferee.
33 (3) The transferee's driver's license or other identification
34 number and the state in which it was issued.
35 (4) The brand, type, and amountlof ammunition transferred.
36 (5) The transferee's signature. '
37 (6) The name of the salesperson who processed the transaction.
38 (c) Commencing July 1,2008,the seller of handgun ammunition
39 shall also at the time of purchase or transfer obtain the right
40 thumbprint of the purchaser or transferee on the above form,unless
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1 the purchaser or transferee presents a valid hunting or sportsman's
2 license issued pursuant to Section 714, paragraphs (1) to (3),
3 inclusive,of subdivision(a)of Section 3031,or Section 3031.2 of
4 the Fish and Game Code, in which case the seller of handgun
5 ammunition shall record the number of the license.
6 (d) (1) Commencing July 1, 2008, the records required by this
7 section shall be maintained on the premises of the seller of handgun
8 ammunition for a period of not less than two years from the date
. 9 of the recorded transfer. I
10 (2) Commencing July 1, 2008, the records shall be subject to
11 inspection at any time during normal business hours by any peace
12 officer employed by a sheriff, city police department, or district
13 attorney as provided in subdivision (a) of Section 830.1, or
1.4 employed by the Department of Justice as provided in subdivision
15 (b) of Section 830.1, provided the officer is conducting an
16 investigation where access to those records is or may be relevant
17 to that investigation, is seeking information about persons
18 prohibited from owning a firearm)or ammunition, or is engaged
19 in ensuring compliance with the Dangerous Weapons Control Law
20 (Chapter 1 (commencing with Section 12000) of Title 2 of Part
21 4),or any other laws pertaining to firearms.The records shall also
22 be subject to inspection at any time during normal business hours
23 by any other employee of the Department of Justice,provided that
24 employee is conducting an investigation where access to those'
25 records is or may be relevant to! that investigation, is seeking
26 information about persons prohibited from owning a firearm or
27 ammunition, or is engaged in ensuring compliance with the
28 Dangerous Weapons Control Law (Chapter 1 (commencing with
29 Section 12000) of Title 2 of Part 4), or any other laws pertaining
30 to firearms.
31 (3) Commencing July 1, 2008, Ion the date of delivery of the
32 handgun ammunition, the seller of handgun ammunition shall
33 submit a report to the Department of Justice in such manner as the
34 department may prescribe containing the information set forth in
35 subdivision(b).
36 (e) (1) Commencing July 1, 2008, no person shall knowingly
37 make a false entry in,fail to make a required entry in,fail to obtain
38 the required thumbprint,or fail to maintain in the required manner
39 records prepared in accordance with subdivision (d). 1f the right
40 thumbprint is not available,then the seller of handgun ammunition
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1
14-1 shall have the purchaser or transi'eree use his or her left thumb, or
2 any available finger, and shall so indicate on the form. If the
3 purchaser or transferee is physically unable to provide a thumbprint
4 or fingerprint, the seller of handgun ammunition shall so indicate
5 on the form.
6 (2) Commencing.luly 1,2008, no person shall refuse to permit
7 a person authorized under paragraph (2) of subdivision (d) to
8 examine any record prepared in accordance with this section during
9 any inspection conducted pursuant to this section, or refuse to
10 permit the use of any record or information by those persons.
11 (f) A violation of this section shall constitute a misdemeanor.
12 (g) This section shall not apply to any of the following:
13 (1) Sales or transfer of handgun ammunition to or between any
14 of the following:
15 (A) Persons licensed pursuant to Section 1207]
16 (B) A person registered with the Department of Justice pursuant
17 to Section 12315 as a registered handgun ammunition seller.
18 (C) A person who is on the centralized list maintained by the
1.9 Department of Justice pursuant to Section 12083.
20 (D) A target facility which holds a business or regulatory license.
21 (E) Commercial hunting clubs, game bird clubs, or pheasant
22 clubs licensed by the Department of Fish and Game.
23 (F) Gunsmiths.
24 (G) Wholesalers.
25 (H) Manufacturers or importers of firearms licensed pursuant
26 to Chapter 44 (commencing with Section 921) of Title 18 of the
27 United States Code, and the regulations issued pursuant thereto.
28 (I) A nonprofit public benefit or mutual benefit corporation
29 organized pursuant to Part 2 (commencing with Section 5110) or
30 Part 3 (commencing with Section 7110) of Division 2 of the
31 Corporations Code,if both of the following conditions are satisfied:
32 (i) The nonprofit public benefit or mutual benefit corporation
33 is selling ammunition to assist the corporation or local chapters of
34 the corporation in conducting auctions or similar events at which
35 firearms are auctioned off and to fund the activities of the
36 corporation or the local chapters of the corporation.
37 (ii) The firearms being auctioned off at the corporation's
38 auctions or events are not primarily handguns.
39 (2) Sales or transfers made to authorized law enforcement
40 representatives of cities, counties, cities and counties, or state or
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1
1 federal governments for exclusive use by those government
2 agencies if,prior to the delivery,transfer,or sale of these firearms,
3 written authorization from the head of the agency authorizing the
4 transaction is presented to the person from whom the purchase,
5 delivery, or transfer is being made. Proper written authorization
6 is defined as verifiable written certification from the head of the
7 agency by which the purchaser or transferee is employed,
8 identifying the employee as an individual authorized to conduct
9 the transaction, and authorizing the transaction for the exclusive
10 use of the agency by which he or she is employed.
11 (3) Sales or transfers of handgun ammunition by a nonprofit
12 public benefit or mutual benefit corporation organized pursuant
13 to Part 2(commencing with Section 5110)or Part 3 (commencing
14 with Section 7110)of Division 2 of the Corporations Code,if both
15 of the following conditions are satisfied:
16 (A) The nonprofit public benefit or mutual benefit corporation
17 is selling ammunition to assist the corporation or local chapters of
18 the corporation in conducting auctions or similar events at which
19 firearms are auctioned oft' and to fund the activities of the
20 corporation or the local chapters of the corporation.
21 (B) The firearms being auctioned off at the corporation's
22 auctions or events are not primarily handguns.
23 SEC. 10. (a) The Legislaturel finds and declares all of the
24 following:
25 (1) Although Section 12316 of the Penal Code bars various
26 categories of persons from possessing ammunition, there is no
27 instantaneous means of verifying whether those persons are
28 endeavoring to acquire handgun ammunition from persons
29 authorized to transfer handgun ammunition, and an instantaneous
30 check would be bencficial for both public safety and registered
31 owners of handguns.
32 (2) The Legislature on an overwhelming basis in 2001 enacted
33 legislation to identify registered owners of handguns and assault
34 weapons who subsequently became ineligible to possess the same
35 and set forth procedures for those persons to dispose of their
36 firearms and thereby avoid criminal liability for possessing or
37 disposing of their firearms.
38 (3) California driver's license) number and identification
39 information is contained in all firearms transactions records
40 maintained by the state and the identification number is a
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1 permanent and unique number which identifies who owns what
2 handgun and where he or she resides.
3 (b) The Attorney General shall prepare and submit to the
4 Legislature, on or before January 11, 2009, a report concerning all
5 of the following: 1
6 (1) Recommending a clear and succinct general procedure
7 whereby instantaneous background checks can be conducted on
8 persons wishing to acquire handgun ammunition.
9 (2) Integration of that system into the current handgun
10 registration process. I
11 (3) The feasibility and cost of creating the type of background
12 check system referred to in this section.
13 (4) The costs overall and to individual users of creating that
14 system.
15 (5) The effect of the system on overall efforts by the Department
16 of Justice in terms of information and computerized upgrades that
17 the department is currently undertaking.
18 (6) Specific statutory changes to implement the system.
19 (c) It is the intent of the Legislature to enact legislation, based
20 on the Attorney General's report, required by subdivision (b),
II providing that commencing July 1, 2011, prior to the delivery of
22 handgun ammunition by a "seller of handgun ammunition,'' as
23 described in Section 12326, an instantaneous background check
24 will be conducted in order to determine that the recipient of the
25 ammunition is not prohibited from possessing ammunition pursuant
26 to subdivision (b) of Section 12316.
27 (d) It is also the intent of the Legislature that this entire program
28 be fee supported
29 SEC. 11. No reimbursement is required by this act pursuant to
30 Section 6 of Article XIIIB of the California Constitution because
31 the only costs that may be incurred by a local agency or school
32 district will be incurred because this act creates a new crime or
33 infraction,eliminates a crime or infraction,or changes the penalty
34 for a crime or infraction, within the,meaning of Section 17556 of
35 the Govermnent Code, or changes the definition of a crime within
36 the meaning of Section 6 of Article XIII B of the California
37 Constitution.
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CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
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ASSEMBLY BILL No. 334
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Introduced by Assembly!Member Levine
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February 13, 2007
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An act to amend Section 12001 of, and to add Section 12043 to, the
Penal Code, relating to firearms.
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LEGISLATIVE COUNSEL'S DIGEST
AB 334, as introduced, Levine. Firearms: loss and theft.
Existing law defines"firearm"and provides that for certain purposes,
including certain offenses, "firearm" includes the frame or receiver of
the weapon. I
This bill would provide that the term"firearm"also includes the frame
or receiver of the weapon for purposes ofIthe offense of failure to report
a stolen or lost firearm.
Existing law generally regulates the possession of firearms.
This bill would make it an infraction for any person whose handgun
is stolen or irretrievably lost to, within 5lworking days after his or her
discovery or knowledge of, or within 5 working days after the date he
or she should reasonably have known of,'the theft or loss, fail to report
the theft or loss to a local law enforcement agency of the jurisdiction
in which the theft or loss occurred or in which the person resides. The
bill would require specified notices of(this requirement to persons
acquiring handguns after July 1, 2008, as specified. The bill would
provide that local governments are not prohibited from enacting
ordinances imposing reporting requirements that are more strict than
those specified in the bi11.\The bill would require the Attorney General,
in cooperation with law enforcement agencies and firearms-related
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organizations
2—
organizations to develop a protocol for the implementation of these
provisions, as specified, on or before April 1, 2008.
By creating a new crime, this bill would impose a state-mandated
local program. I
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.
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The people of the State of California do enact as follows:
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1 SECTION 1. Section 12001 of the Penal Code is amended to
2 read:
3 12001. (a) (1) As used in this title, the terms "pistol,"
4 "revolver," and "firearm capable of being concealed upon the
5 person"shall apply to and include any device designed to be used
6 as a weapon, from which is expelled a projectile by the force of
7 any explosion, or other form of combustion, and that has a barrel
8 less than 16 inches in length. These terms also include any device
9 that has a barrel 16 inches or more in length which is designed to
10 be interchanged with a barrel less than 16 inches in length.
11 (2) As used in this title,the term"handgun"means any"pistol,"
12 "revolver," or "firearm capable of, being concealed upon the
13 person."
14 (b) As used in this title, "firearm"I,means any device, designed
15 to be used as a weapon, from which;is expelled through a barrel,
16 a projectile by the force of any explosion or other form of
17 combustion.
18 (c) As used in Sections 12021, 12U21.1, 12043, 12070, 12071,
19 12072, 12073, 12078, 12101,and 12801 of this code,and Sections
20 8100, 8101, and 8103 of the Welfare and Institutions Code, the
21 term "firearm"includes the frame or receiver of the weapon.
22 (d) For the purposes of Sections 12025 and 12031, the term
23 "firearm"also shall include any rocket,rocket propelled projectile
24 launcher,or similar device containin&ny explosive or incendiary
25. material whether or not the device is designed for emergency or
26 distress signaling purposes.
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1 (e) For purposes of Sections, 12043, 12070, 12071, and
2 paragraph(8)of subdivision(a),and subdivisions(b),(c),(d),and
3 (f) of Section 12072, the term "firearm" does not include an
4 unloaded firearm that is defined as an"antique firearm"in Section
5 921(a)(16) of Title 18 of the United States Code.
6 (f) Nothing shall prevent a device defined as a "handgun,"
7 "pistol," "revolver," or"firearm capable of being concealed upon
8 the person" from also being found to be a short-barreled shotgun
9 or a short-barreled rifle, as defined'in Section 12020.
10 (g) For purposes of Sections 12551 and 12552, the term "BB
11 device" means any instrument that expels a projectile, such as a
12 BB or a pellet, not exceeding 6mm caliber, through the force of
13 air pressure,gas pressure,or spring action,or any spot marker gun.
14 (h) As used in this title,"wholesaler"means any person who is
15 licensed as a dealer pursuant to Chapter 44 (commencing with
16 Section 921) of Title 18 of the United States Code and the
17 regulations issued pursuant thereto who sells,transfers,or assigns
18 firearms, or parts of firearms, to persons who are licensed as
19 manufacturers, importers, or gunsmiths pursuant to Chapter 44
20 (commencing with Section 921) of Title 18 of the United States
21 Code,or persons licensed pursuant to Section 12071,and includes
22 persons who receive finished parts of firearms and assemble them
23 into completed or partially completed firearms in furtherance of
24 that purpose.
25 "Wholesaler" shall not include a manufacturer, importer, or
26 gunsmith who is licensed to engage in those activities pursuant to
27 Chapter 44 (commencing with Section 921) of Title 18 of the
28 United States Code or a person licensed pursuant to Section 12071
29 and the regulations issued pursuant thereto.A wholesaler also does
30 not include those persons dealing exclusively in grips, stocks,and
31 other parts of firearms that are not frames or receivers thereof.
32 (i) As used in Section 12071 or 12072,"application to purchase"
33 means any of the following:
34 (1) The initial completion of the register by the purchaser,
35 transferee, or person being loaned the firearm as required by
36 subdivision (b) of Section 12076.
37 (2) The initial completion and transmission to the department
38 of the record of electronic or telephonic transfer by the dealer on
39 the purchaser, transferee, or person being loaned the firearm as
40 required by subdivision (c) of Section 12076.
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4-1 (j) For purposes of Section 12023, a firearm shall be deemed
2 to be "loaded" whenever both the firearm and the unexpended
3 ammunition capable of being discharged from the firearm are in
4 the immediate possession of the same person.
5 (k) For purposes of Sections 12021, 12021.1, 12025, 12070,
6 12072, 12073, 12078, 12101,and 12801 of this code,and Sections
7 8100, 8101, and 8103 of the Welfare and Institutions Code,
8 notwithstanding the fact that the term"any firearm" may be used
9 in those sections,each firearm or the frame or receiver of the same
10 shall constitute a distinct and separate offense under those sections.
11 (n For purposes of Section 12020,a violation of that section as
12 to each firearm, weapon, or device enumerated therein shall
13 constitute a distinct and separate offense.
14 (m) Each application that requires any firearms eligibility
15 determination involving the issuance of any license, permit, or
16 certificate pursuant to this title shall include two copies of the
17 applicant's fingerprints on forms prescribed by the Department of
18 Justice. One copy of the fingerprints may be submitted to the
19 United States Federal Bureau of Investigation.
20 (n) As used in this chapter, a "personal handgun importer"
21 means an individual who meets all of the following criteria:
22 (1) He or she is not a person licensed pursuant to Section 12071.
23 (2) He or she is not a licensed manufacturer of firearms pursuant
24 to Chapter 44 (commencing with Section 921) of Title 18 of the
25 United States Code.
26 .(3) He or she is not a licensed importer of firearms pursuant to
27 Chapter 44 (commencing with Section 921) of Title 18 of the
28 United States Code and the regulations issued pursuant thereto.
29 (4) He or she is the owner of a pistol,revolver,or other firearm
30 pI j
handgun.
31 (5) He or she acquired that VPWAIVer, or other firearm
32 eapable of beitig eoneealed tipon the persott handgun outside of
33 California.
34 (6) He or she moves into this state on or after January 1, 1998,
35 as a resident of this state.
36 (7) He or she intends to possess that pistol, revelver, or othe
37 firearm eapable ofbeing eotteealed uppii the person handgun within
38 this state on or after January 1, 1998,
39 (8) The pistel, revolver, or other fiream eapable of being
40 . eoneettled upon the persort handgun'was not delivered to him or
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1 her by a person licensed pursuant to Section 12071 who delivered
2 that firearm following the procedures set forth in Section 12071
3 and subdivision (c)of Section 12072.
4 (9) He or she, while a resident of this state, had not previously
5 reported his or her ownership of',that pistel, revolvet-, or other
6 firearm eapable ef being eoneettled upon the persatt handgun to
7 the Department of Justice in a manner prescribed by the department
8 that included information concerning him or her and a description
9 of the firearm.
10 (10) The pistol, revolver,
11 eeneealed upon the per handgun is not a firearm that is
12 prohibited by subdivision(a)of Section 12020.
13 (11) The pistol, revelver,
14 eoneealed upon the person handgun is not an assault weapon, as
15 defined in Section 12276 or 12276.1.
16 (12) The pistol, revolver,
17 eoneealed tipen the perse handgun is not a machinegun,as defined
18 in Section 12200.
19 (13) The person is 18 years of age or older.
20 (o) For purposes of paragraph(6) of subdivision (n):
21 (1) Except as provided in paragraph (2), residency shall be
22 determined in the same manner as: is the case for establishing
23 residency pursuant to Section 12505 of the Vehicle Code.
24 (2) In the case of members of the,Armed Forces of the United
25 States,residency shall be deemed to be established when he or she
26 was discharged from active service in this state.
27 (p) As used in this code, "basic' firearms safety certificate"
28 means a certificate issued by the Department of Justice pursuant
29 to Article 8 (commencing with Section 12800) of Chapter 6 of
30 Title 2 of Part 4,prior to January 1, 2003.
31 (q) As used in this code, "handgun safety certificate" means a
32 certificate issued by the Department of Justice pursuant to Article
33 8(commencing with Section 12800)of Chapter 6 of Title 2 of Part
34 4, as that article is operative on or after January 1, 2003.
35 (r) As used in this title, "gunsmith" means any person who is
36 licensed as a dealer pursuant to Chapter 44 (commencing with
37 Section 921) of Title 18 of the United States Code and the
38 regulations issued pursuant thereto, who is engaged primarily in
39 the business of repairing firearms, or making or fitting special
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6-1 barrels, stocks, or trigger mechanisms to firearms, or the agent or
2 employee of that person.
3 SEC. 2. Section 12043 is added to the Penal Code, to read:
4 12043. (a) Any person who acquires or reacquires ownership
5 of a handgun, or who reports his or her ownership of a handgun
6 to the Department of Justice on or after July 1,2008,and thereafter
7 the handgun is stolen or irretrievably',lost,shall,within five working
8 days after his or her discovery or,knowledge of, or within five
9 working days after the date he or she should reasonably have
10 known of, the theft or loss, report the theft or loss to a local law
11 enforcement agency of the jurisdiction in which the theft or loss
12 occurred or in which the person resides.
13 (b) Any person who violates subdivision (a) is guilty of an
14 infraction punishable as follows: '
15 (1) For a first violation of this section, by a fine not to exceed
16 one hundred dollars ($100).
17 (2) For a second or subsequent violation of this section, by a
18 fine not to exceed two hundred fiftyAollars ($250).
19 (c) Any person who complies with subdivision (a) shall be
20 immune from any civil liability for the illicit use or possession of
21 the firearm occurring after the theft or loss.This subdivision shall
22 not apply if the person had prior knowledge of the misconduct or
23 was negligent with respect to the theft or loss of the firearm.
24 (d) No charge may be imposed for submitting a report pursuant
25 to this section.
26 (e) The Department of Justice shall,in promulgating forms and
27 reports pursuant to any provision of law that requires or allows a
28 person to report his or her ownership of a handgun to the
29 department, include information indicating the reporting
30 requirements of this section.
31 (f) Commencing July 1, 2008, the'licensee shall, at the time of
32 delivering a handgun to a person acquiring ownership or to a person
33 complying with the requirements of paragraph (2) of subdivision
34 (0 of Section 12072, provide the person with a written notice of
35 the requirements of this section in a format prescribed by the
36 department. The licensee shall sign and date an affidavit in
37 duplicate stating that the person receiving the handgun has been
38 given the notice.The licensee shall additionally obtain the signature
39 of the person receiving the handgun ion the same affidavit. The
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1 licensee shall retain the original affidavit and provide the duplicate
2 to the person receiving the handgun.
3 (g) Nothing in this section shall be construed to preempt an
4 existing ordinance or to prevent a local government from enacting
5 an ordinance, that imposes reporting requirements that are more
6 strict than those specified in subdivision (a).
7 (h) Compliance with this section does not require that a person
8 reporting a lost or stolen handgun report the make, model, and
9 serial number of the handgun. 1
10 (i) The Attorney General, in 1 cooperation with those law
1 I enforcement agencies and firearms-related organizations as may
12 choose to do so, shall develop a protocol for the implementation
13 of the provisions of this section. The protocol shall be completed
14 on or before April 1, 2008. 1
15 0) The provisions of this section are cumulative and shall not
16 be construed as restricting the application of any other law.
17 However, an act or omission punishable in different ways by this
18 section and different provisions of this code shall not be punished
19 under more than one provision.
20 SEC. 3. No reimbursement is rel quired by this act pursuant to
21 Section 6 of Article XIIIB of the California Constitution because
22 the only costs that may be incurred by a local agency or school
23 district will be incurred because this act creates a new crime or
24 infraction,eliminates a crime or infraction,or changes the penalty
25 for a crime or infraction, within the meaning of Section 17556 of
26 the Government Code,or changes the definition of a crime within
27 the meaning of Section 6 of Article XIII B of the California
28 Constitution.
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