Bill Text: CA AB3064 | 2023-2024 | Regular Session | Enrolled
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-09-11 - Enrolled and presented to the Governor at 4 p.m. [AB3064 Detail]
Download: California-2023-AB3064-Enrolled.html
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Enrolled
September 04, 2024 |
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Passed
IN
Senate
August 29, 2024 |
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Passed
IN
Assembly
August 30, 2024 |
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Amended
IN
Senate
August 15, 2024 |
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Amended
IN
Assembly
April 25, 2024 |
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Amended
IN
Assembly
April 16, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3064
| Introduced by Assembly Member Maienschein |
February 16, 2024 |
An act to amend Sections 23630, 23655, 23680, 26230, 27560, 27565, 27875, 27920, 27966, 28000, 28230, 28240, and 30510 of, and to add Sections 23656 and 23658 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 3064, Maienschein.
Firearms.
(1) Existing law requires the Department of Justice to compile, publish, and maintain a roster listing all of the firearm safety devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for firearm safety devices, and therefore may be sold in this state. Existing law requires the department to collect and retain a prototype of each approved device.
This bill would authorize the department commencing on January 1, 2026, to charge a fee for devices newly listed on the roster to cover costs related to the approval of the device, as specified. This
bill would also, commencing on January 1, 2026, authorize the department to charge each entity that manufactures or imports into the state for sale any firearm safety device that is listed on the roster, an annual fee to cover the cost of storage of prototype devices. The bill would additionally require that any device newly added to the roster have certain information engraved or otherwise permanently affixed to the device. The bill would also require any entity seeking to list a device to comply
with specified business standards.
This bill would provide a process by which a device that has been removed from the roster for nonpayment of the fee, to be relisted. The bill would also provide a process for a device model that is identical to a listed model except for certain cosmetic differences to be listed without testing. These processes require the submission of certain statements signed under penalty of perjury.
By expanding the offense of perjury, this bill would impose a state-mandated local program.
This bill would also require the manufacturer of any device listed on the roster that becomes subject to a product recall, as specified, to notify the department, as specified. The bill would authorize the department to remove the device from the roster if the device is subject to a product recall, as specified.
(2) Existing law requires any person, within 60 days of bringing a firearm into the state, to mail or personally deliver to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information.
Existing law requires any sale, loan, or transfer of a firearm to be processed through a licensed firearms dealer. Existing law exempts from this requirement the transfer of certain firearms that are curios or relics to a licensed firearm collector, and certain transfers made by gift, bequest, intestate succession, or operation of law. Existing law requires a
person who receives a firearm pursuant to these provisions, within 30 days after taking possession, to submit to the Department of Justice a report, as prescribed by the department, describing the firearm and providing personal information. Existing law also requires a collector who imports such a firearm into the state to submit a report to the department.
This bill would
require these reports to be submitted in a form and manner prescribed by the department and authorize the department to charge a fee for the processing of these forms, as specified. The bill would make the furnishing of false or fictitious information on these reports, as specified, punishable as a misdemeanor. The bill would also authorize the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified.
By creating new crimes, this bill would impose a state-mandated local program.
(3) Existing law exempts certain other transactions from the requirement to be processed through a licensed firearms dealer and does not require these transactions to be reported to the Department of Justice, including, without limitation,
sales, deliveries, or transfers of firearms between importers and manufacturers of firearms, transfers of firearms to a gunsmith for repairs, loans of a firearm to a hunter, loans of a firearm to a person attending a police academy, and temporary transfers of a firearm for safekeeping, as specified. Existing law allows a person transferring or receiving a firearm pursuant to one of these provisions or a person moving out of state with a firearm to report that information to the department.
This bill would require these reports to be submitted in a form and manner prescribed by the department
and would prescribe the information to be included in these reports, as specified. The bill would require the department to establish a fee for submission of this information, as specified. The bill would also authorize the department to request photographs of the firearm to determine if it is a prohibited weapon, as specified. The bill would make the filing of any false information pursuant to this provision a crime punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
This bill would also require the department, upon receipt of this information, to examine specified records to determine if the transferee is prohibited from possessing a firearm.
(4) Existing law prohibits a person who is licensed to carry a firearm to carry a firearm in certain specified places including schools, government
buildings, hospitals, zoos, parks, churches, libraries, bars, and casinos. Existing law, however, exempts from these prohibitions a firearm that is secured in a lock box, as specified, under certain circumstances.
This bill would provide that a lock box is compliant with those specifications if, at the time the person purchased the lock box, it was listed on the roster of devices approved by the Department of Justice.
The bill would make other conforming changes.
(5) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 23630 of the Penal Code is amended to read:23630.
(a) This division does not apply to the commerce of any antique firearm.(b) (1) This division does not apply to the commerce of any firearm intended to be used by a salaried, full-time peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, for purposes of law enforcement.
(2) Nothing in this division precludes a local government, local agency, or state law enforcement agency from requiring its peace officers to store their firearms in gun safes or attach firearm safety devices to those firearms.
(c) As used
in this division, the following terms have the following meanings:
(1) “Department” means the Department of Justice.
(2) “Device” means a firearm safety device as described in Section 23650.
(3) “Roster” means the roster of approved devices maintained by the department pursuant to Section 23655.
SEC. 2.
Section 23655 of the Penal Code is amended to read:23655.
(a) The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650.(b) The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with laboratory inspections and development and approval of regulations and standards pursuant to Section 23650.
(c) The certified laboratory shall,
at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the department, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the device. The department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with Section 23658 and to assist the department with any determinations made pursuant to Section 23680.
The department shall notify the manufacturer or dealer of its receipt of the final test report and the department’s determination as to whether the device tested may be sold in this state.
(d) (1) The department shall compile, publish, and maintain a roster listing all of the devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for devices, and may be sold in this state.
(2) A device shall not be added to the roster after January 1, 2025, unless the entity seeking the listing has complied with all applicable provisions of Sections 2105, 15909.02, 16959, and 17708.02 of the Corporations Code.
(3) Commencing on January
1, 2026, the department may, for each device on the roster for which a prototype has been submitted to the department, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an annual fee not to exceed the reasonable costs of storage of prototype devices,
as required by subdivision (c) and by subdivision (d) of Section 23658.
(4) The fee described in paragraph (3) shall be paid no later than on the first business day of each calendar year.
(5) The department may remove from the roster any device for which the fee described in paragraph (3) has not been paid.
(6) The department may remove from the roster any device that the department determines is being sold or otherwise provided to the public in a form that has been modified from the form that was tested and approved.
(e) The department may, for each device listed on the roster after January
1, 2026, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the final test report described in subdivision (c) and determining whether the device meets the department’s standards for devices approved to be sold in this state and reasonable costs associated with the storage and transportation of the submitted prototypes.
(f) (1) The roster shall list, for each device, the manufacturer, model number, and model name.
(2) A device shall not be added to the roster after January 1, 2026, unless the name of the manufacturer, the model number, and the model name, as they appear on the roster, are engraved or otherwise permanently affixed to the device.
(g) (1) The department may randomly retest samples obtained
from sources other than directly from the manufacturer of the device listed on the roster to ensure compliance with the requirements of this division.
(2) Devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and still in the manufacturer’s original and unopened package.
(3) The department may remove from the roster any device it determines does not meet established standards based upon
further testing.
SEC. 3.
Section 23656 is added to the Penal Code, to read:23656.
(a) If a device is removed from the roster pursuant to paragraph (5) of subdivision (d) of Section 23655, the listing entity may request that the device be reinstated on the roster by submitting the delinquent annual listing fee and a written request to the department stating that no modifications have been made to the device. The department shall reinstate the device on the roster upon approval of the written request.(b) If a device is removed from the roster pursuant to paragraph (6) of subdivision (d) of, or paragraph (3) of subdivision (g) of, Section 23655, the listing entity may submit a petition for reinstatement to the department and submit the device for testing pursuant to Section 23655. If the device passes laboratory testing and the department determines the device is otherwise in compliance with this division, the department shall reinstate the device on the roster after the listing entity pays the fee described in subdivision (e) of Section 23655.
(c) This section does not preclude the department from retesting any listed device at any time.
SEC. 4.
Section 23658 is added to the Penal Code, to read:23658.
(a) The department may approve a device not tested by a certified laboratory and list that device on the roster if a model of the device made by the same manufacturer is already listed on the roster and the unlisted device differs from the listed device in only one or more of the following features:(1) Finish, including, but not limited to, color or engraving.
(2) Any feature that does not in any way alter the material or functioning of any of the components of the device. A device with changes in dimensions may be approved by the department without additional testing on a case-by-case basis when the dimensional changes do not alter the weight of the device, the size of the door, or the functioning of the internal locking mechanisms or locking bolts.
(3) Any change in name or model number that does not affect the design or function of the device.
(4) Any engraved or permanently affixed marking added pursuant to
paragraph (2) of subdivision (f) of Section 23655.
(b) Any manufacturer seeking to have a device approved pursuant to this section shall provide the department with all of the following:
(1) The model name and model number of the device that is already listed on the roster.
(2) The model name and model number of each device the manufacturer seeks to have listed pursuant to this section.
(3) A statement, signed under penalty of perjury, that each unlisted device for which listing is sought differs from the
device
listed on the roster only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed device. For each unlisted device, the statement shall also identify each difference between the unlisted device and the device listed on the roster.
(c) The department shall review each device submitted pursuant to this section on a case-by-case basis, including comparing the unlisted device to the listed device when necessary, to determine whether new testing by a certified testing laboratory is required.
(d) The department may, at its discretion and at any time, require a manufacturer to provide to the department a prototype of any device model for which listing on the roster is sought pursuant to this section. If the department requests and receives a prototype device, and the device is listed on the roster pursuant to subdivision (a), the department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with this section and to assist the department with any
determinations made pursuant to Section 23680.
(e) Commencing on January 1, 2026, the department may, for each device listed on the roster pursuant to this section, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the device and the manufacturer’s related submissions as required under this section and pursuant to subdivision (e) of Section 23655.
SEC. 5.
Section 23680 of the Penal Code is amended to read:23680.
(a) (1) If a firearm safety device on the roster is recalled by the United States Consumer Product Safety Commission, or by any other state or federal government entity, the manufacturer of that device must notify the department of the recall within seven days of public notice of the recall.(2) The department may remove from the roster a device that is the subject of a recall by the United States Consumer Product Safety Commission or any other state or federal government
entity.
(b) If at any time the department determines that a gun safe or firearm safety device subject to the provisions of this division and sold after January 1, 2002, does not conform with the standards required by subdivision (a) of Section 23635 or Section 23650, the department may order the recall and replacement of the gun safe or firearm safety device, or order that the gun safe or firearm safety device be brought into conformity with those requirements.
(c) If the department determines that the firearm safety device can be separated and reattached to the firearm without damaging the firearm, the licensed manufacturer or licensed firearms dealer shall immediately provide a conforming replacement as instructed by the department.
(d) If the department determines that the firearm safety device cannot be separated from the firearm without damaging the firearm, the
department may order the recall and replacement of the firearm.
SEC. 6.
Section 26230 of the Penal Code is amended to read:26230.
(a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:(1) A place prohibited by Section 626.9.
(2) A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility. Nothing in this paragraph shall prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under child care at the home is present in the home or the firearm in the home is
unloaded, stored in a locked container, and stored separately from ammunition when a child under child care at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home.
(3) A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.
(4) A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court, unless the person is a justice, judge, or commissioner of that court.
(5) A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165.
(6) A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
(7) A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.
(8) A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole
or in part with public funds.
(9) A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises.
(10) A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle.
(11) A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth
center.
(12) A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle.
(13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law.
(14) Any area under the control of a public or private community college, college, or university, including,
but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas.
(15) A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.
(16) A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or
eSporting event.
(17) A building, real property, or parking area under the control of a public library.
(18) A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5.
(19) A building, real property, or parking area under the control of an amusement park.
(20) A building, real property, or parking area under the control of a zoo or museum.
(21) A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.
(22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
(23) A financial institution or parking area under the control of a financial institution.
(24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency.
(25) A polling place, voting center, precinct, or other area or location where votes are being
cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places.
(26) Any other privately owned commercial establishment that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
(27) Any other place or area prohibited by other provisions of state law.
(28) Any other place or area prohibited by federal law.
(29) Any other place or area prohibited by local law.
(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 of, and subdivision (b) of Section 4094 of, Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540,
and that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:
(1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box.
(2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area.
Nothing in this paragraph is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle’s trunk or other place inside the vehicle that is out of plain view.
(d) For purposes of subdivision (c), a lock box is an item as defined in subdivision (y) of Section 4082 of, and subdivision
(b) of Section 4094
of, Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, and that is listed on the Department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655.
(e) For purposes of subdivisions (b) and (c), a lock box that was listed on the Department’s Roster of Firearm Safety Devices Certified for Sale at the time it was purchased by the licensee shall be deemed to be a compliant lock box.
(f) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.
(g) Nothing in this section shall prohibit the carrying of a firearm where it is
otherwise expressly authorized by law.
SEC. 7.
Section 27560 of the Penal Code is amended to read:27560.
(a) (1) Within 60 days after bringing any firearm into this state, a personal firearm importer shall do one of the following:(A) Submit to the Department of Justice,
in a form and manner prescribed by the department, a report including information concerning that individual and a description of the firearm in question. The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. A person shall not furnish a fictitious name or address, knowingly furnish any incorrect information, or knowingly omit any information required to be provided in this report.
(B) Sell or transfer the firearm in accordance with the provisions of Section 27545 or in accordance with the provisions of an exemption from Section 27545.
(C) Sell or transfer the firearm to a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(D) Sell or transfer the firearm to a sheriff or police department.
(2) The department shall establish a fee for submission of the form described in subparagraph (A) of paragraph (1) and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the form submitted pursuant to that paragraph. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(3) Upon receipt of the report submitted pursuant to subparagraph (A) of paragraph (1) and the required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals
pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(b) If all of the following requirements are satisfied, the personal firearm importer shall have complied with the provisions of this section:
(1) The personal firearm importer sells or transfers the firearm pursuant to Section 27545.
(2) The sale or transfer cannot be completed by the dealer to the purchaser or transferee.
(3) The firearm can be returned to the personal
firearm importer.
(c) (1) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law.
(2) However, an act or omission punishable in different ways by this article and different provisions of the Penal Code shall not be punished under more than one provision.
(d) The department shall conduct a public education and notification program regarding this section to ensure a high degree of publicity of the provisions of this section.
(e) As part of the public education and notification program described in this section, the department shall do all of the following:
(1) Work in conjunction with the Department of Motor Vehicles to ensure that any person who is subject to this section is advised of the provisions of this section, and provided with blank copies of the report described in subparagraph (A) of paragraph (1) of subdivision (a), at the time when that person applies for a California driver’s license or registers a motor vehicle in accordance with the Vehicle Code.
(2) Make the reports referred to in subparagraph (A) of paragraph (1) of subdivision (a) available to dealers licensed pursuant to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2.
(3) Make the reports referred to in subparagraph (A) of paragraph (1) of subdivision (a) available to law enforcement agencies.
(4) Make persons subject to the provisions of this section aware of all of the following:
(A) The report referred to in
subparagraph (A) of paragraph (1) of subdivision (a) may be completed at either a law enforcement agency or the licensed premises of a dealer licensed pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(B) It is advisable to do so for the sake of accuracy and completeness of the report.
(C) Before transporting a firearm to a law enforcement agency to comply with subdivision (a), the person should give notice to the law enforcement agency that the person is doing so.
(D) In any event, the handgun should be transported unloaded and in a locked container and a firearm that is not a handgun should be transported
unloaded.
(f) Any costs incurred by the department to implement this section shall be absorbed by the department within its existing budget and the fees in the Dealers’ Record of Sale Special Account allocated for implementation of subdivisions (d) and (e) of this section pursuant to Section 28235.
SEC. 8.
Section 27565 of the Penal Code is amended to read:27565.
(a) This section applies in the following circumstances:(1) A person is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2) The licensed premises of that person are within this state.
(3) The licensed collector acquires, outside of this state, a handgun, and commencing January 1, 2014, any firearm.
(4) The licensed collector takes actual possession of that firearm outside of this state pursuant to the provisions of subsection (j) of Section 923 of Title 18 of
the United States Code, as amended by Public Law 104-208, and transports the firearm into this state.
(5) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b) Within five days of transporting a firearm into this state under the circumstances described in subdivision (a), the licensed collector shall report the acquisition of that firearm to the department in a format prescribed by the department. A person shall not furnish a fictitious name or address, knowingly furnish any incorrect information, or knowingly omit any information required to be provided in this report.
(c) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(d) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(e) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in
the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
SEC. 9.
Section 27875 of the Penal Code is amended to read:27875.
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a
description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of
Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(c) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor.
(d) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the
report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(e) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(f) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
SEC. 10.
Section 27920 of the Penal Code is amended to read:27920.
(a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:(1) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (h), (i), (j), (l), or (q) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm,
how title or possession was obtained and from whom, and a description of the firearm in question.
(2) If the person taking title or possession is receiving the firearm pursuant to subdivision (g), (h), (l), or (q) of Section 16990, the person shall do both of the following:
(A) Within 30 days of taking possession, submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(B) Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except
that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3) Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS
shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(4) Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the
agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm as an executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) of subdivision (a).
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4) If the executor, personal representative, trustee, or
administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to themselves, they shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The executor, personal representative, trustee, or administrator is 18 years of age or older.
(c) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a
form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2) The person is not subject to the requirements of Section 27560.
(3) The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4) The firearm is not an assault weapon.
(5) The firearm is not a machinegun.
(6) The firearm is not a .50 BMG rifle.
(7) The firearm is not a destructive device.
(8) The person is 18 years of age or older.
(9) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person
shall submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(e) The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.
(f) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor.
(g) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(h) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(i) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in
the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
SEC. 11.
Section 27966 of the Penal Code is amended to read:27966.
If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:(a) The firearm is not a handgun.
(b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(c) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the
regulations issued thereto.
(e) Within 30 days after taking possession of the firearm, the person to whom it is transferred shall submit to the Department of Justice, run up in a form and manner prescribed by the department, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The department shall provide the report form required by this section. The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise
prohibited.
(f) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor.
(g) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(h) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or
machinegun, or is otherwise prohibited.
(i) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
SEC. 12.
Section 28000 of the Penal Code is amended to read:28000.
(a) A person who is exempt from Section 27545 or is otherwise not required by law to report the acquisition or ownership of a firearm may submit that information to the Department of Justice in a manner and format prescribed by the department.(b) The form described in subdivision (a) shall include, without limitation, all of the following information:
(1) The name, gender, date and place of birth, address, and telephone number of the applicant.
(2) The country of citizenship of the applicant and, if not a citizen of the United States, proof of lawful presence including a permanent resident number or Arrival/Departure Record card (I-94) number.
(3) The make, model, caliber, barrel length, type, country of origin, and serial number of the firearm, or, if the firearm does not have a serial number, the identification number, or identification mark assigned to it.
(4) The applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles, or a copy of the applicant’s military identification with orders indicating that the individual is stationed in California.
(5) The signature of the applicant and the date of such signature.
(c) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in subdivision (b) is punishable as a misdemeanor.
(d) The department shall establish a fee for submission of the form described in subdivision (a) and an additional fee for each additional firearm.
This fee shall not exceed the reasonable and actual costs of processing the form submitted
pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs.
(e) Upon receipt of a completed application submitted pursuant to this section and any required fee, the department shall examine its records, as well
as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(f) (1) A person not otherwise required to report the
destruction, disposal, dispossession, relinquishment, or transfer of a firearm, may report the destruction, disposal, dispossession, relinquishment, or transfer of that firearm to the department, in a manner and format prescribed by the department.
(2) A person who moves out of this state with a firearm and is no longer a resident of this state may report their move to the department,
in a manner and format prescribed by the department.
(g) The department may request photographs of the firearms reported pursuant to this section to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited.
(h) The department may request documentation, which would provide proof a firearm has been transferred, destroyed, disposed of, or permanently removed from this state. Documentation may include copies of receipts, forms, government-issued identification cards, and photographs to determine if the firearm is no longer possessed by the reporting party, or has been removed from this state. The department may reject the report if the department determines the documentation provided is insufficient to prove transfer,
destruction, dispossession, or removal from this state.
SEC. 13.
Section 28230 of the Penal Code is amended to read:28230.
(a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations:(1) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585.
(2) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to
sections 26556, 26905,
and
28050, or paragraph (2) of subdivision (e) of Section 32000.
(3) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.
(b) Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section.
SEC. 14.
Section 28240 of the Penal Code is amended to read:28240.
Except as otherwise specified, each fee prescribed in this article shall only be charged once for a single transaction on the same date for taking title or possession of any number of firearms.SEC. 15.
Section 30510 of the Penal Code is amended to read:30510.
As used in this chapter and in Sections 16780, 17000, 27555, 27560, 27565, 27875, 27920, 27966, and 28000, “assault weapon” means the following designated semiautomatic firearms:(a) All of the following specified rifles:
(1) All AK series including, but not limited to, the models identified as follows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and Galil.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93,
HK-94, and HK-PSG-1.
(10) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M11.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyr AUG.
(16) Valmet M62S, M71S, and M78S.
(17) Armalite AR-180.
(18) Bushmaster Assault Rifle.
(19) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
(b) All of the following specified pistols:
(1) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sM10 and sM11.
(B) SWD Incorporated M-11.
(C) Advance Armament Inc. M-11.
(D) Military Armament Corp. Ingram M-11.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) Sterling MK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LAW 12.
(2) Striker 12.
(3) The Streetsweeper type S/S Inc. SS/12.
(d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(e) This section is declaratory of existing law and a clarification of the law and the
Legislature’s intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(f) As used in this section, “series” includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.
