Bill Text: CA AB1559 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Firearms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-28 - Chaptered by Secretary of State - Chapter 691, Statutes of 2012. [AB1559 Detail]

Download: California-2011-AB1559-Chaptered.html

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BILL NUMBER: AB 1559	CHAPTERED
	BILL TEXT

	CHAPTER  691
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2012
	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN SENATE  JUNE 15, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012
	AMENDED IN ASSEMBLY  FEBRUARY 15, 2012

INTRODUCED BY   Assembly Member Portantino

                        JANUARY 30, 2012

   An act to amend Sections 28240 and 33300 of the Penal Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1559, Portantino. Firearms.
   (1) Existing law allows the Department of Justice to require a
firearms dealer to charge a firearm purchaser a fee not to exceed
$14, which may be adjusted at a rate not to exceed any increase in
the California Consumer Price Index. Existing law, until January 1,
2014, provides that only one fee shall be charged for a single
transaction on the same date for the sale of any number of firearms
that are not handguns, or for the taking of possession of those
firearms. Existing law requires, in a single transaction on the same
date for the delivery of any number of firearms that are handguns,
and commencing January 1, 2014, for any firearm, that the department
charge a reduced fee for the second and subsequent firearms that are
part of that transaction. Existing law provides that only one fee
shall be charged for a single transaction on the same date for taking
title or possession of any number of firearms pursuant to certain
specified provisions of law.
   This bill would instead provide that until January 1, 2014, only
one fee shall be charged for a single transaction on the same date
for the sale of any number of firearms that are not handguns, or for
the taking of possession of those firearms, and beginning January 1,
2014, provide that only one fee shall be charged for a single
transaction on the same date for taking title or possession of any
number of firearms, including handguns.
   (2) Existing law authorizes the Department of Justice to issue a
permit for the manufacture, possession, transportation, or sale of
short-barreled rifles or short-barreled shotguns upon a showing that
good cause, as specified, exists for the issuance of a permit to the
applicant and the Department of Justice finds that the issuance of
the permit does not endanger public safety.
   This bill would add the importation of short-barreled rifles or
short-barreled shotguns to the activities for which a permit may be
issued pursuant to the above provision. The bill would state that the
amendments to this provision made by this bill are declaratory of
existing law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 28240 of the Penal Code is amended to read:
   28240.  (a) Until January 1, 2014, only one fee shall be charged
pursuant to this article for a single transaction on the same date
for the sale of any number of firearms that are not handguns, or for
the taking of possession of those firearms.
   (b) Beginning January 1, 2014, only one fee shall be charged
pursuant to this article for a single transaction on the same date
for taking title or possession of any number of firearms.
  SEC. 2.  Section 33300 of the Penal Code is amended to read:
   33300.  (a) Upon a showing that good cause exists for issuance of
a permit to the applicant, and if the Department of Justice finds
that issuance of the permit does not endanger the public safety, the
department may issue a permit for the manufacture, possession,
importation, transportation, or sale of short-barreled rifles or
short-barreled shotguns. The permit shall be initially valid for a
period of one year, and renewable annually thereafter. No permit
shall be issued to a person who is under 18 years of age.
   (b) Good cause, for the purposes of this section, shall be limited
to only the following:
   (1) The permit is sought for the manufacture, possession,
importation, or use with blank cartridges, of a short-barreled rifle
or short-barreled shotgun, solely as a prop for a motion picture,
television, or video production or entertainment event.
   (2) The permit is sought for the manufacture of, exposing for
sale, keeping for sale, sale of, importation or lending of
short-barreled rifles or short-barreled shotguns to the entities
listed in Section 33220 by persons who are licensed as dealers or
manufacturers under the provisions of Chapter 53 (commencing with
Section 5801) of Title 26 of the United States Code, as amended, and
the regulations issued pursuant thereto.
  SEC. 3.  The amendments to Section 33300 of the Penal Code made by
Section 1 of this act do not constitute a change in, but are
declaratory of, existing law.