Bill Text: CA SB1253 | 2023-2024 | Regular Session | Amended
Bill Title: Firearms: firearm safety certificates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-12 - Read second time and amended. Re-referred to Com. on APPR. [SB1253 Detail]
Download: California-2023-SB1253-Amended.html
|
Amended
IN
Senate
May 16, 2024 |
|
Amended
IN
Senate
April 03, 2024 |
|
Amended
IN
Senate
March 21, 2024 |
| Introduced by Senator Gonzalez |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law expresses the intent of the Legislature to require persons who obtain firearms to have a basic familiarity with those firearms including the safe handling and storage of those firearms. Existing law expresses the intent of the Legislature not to require a firearm safety certificate for the mere possession of a firearm.
Existing law requires the Department of Justice to develop and periodically update a study guide and written test for a firearm safety certificate.
Existing law requires an applicant to pass the written test to obtain or renew a firearm safety certificate. Existing law authorizes a fee of $25 to obtain or renew a firearm safety certificate. Existing law provides that a firearm safety certificate shall expire 5 years after the date of issuance.
This bill would, commencing on January 1, 2026, prohibit a person from possessing certain firearms without the possession of a valid, unexpired firearm safety certificate. A violation of this prohibition would be punishable as an infraction. This
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this article to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms.
(a)A person shall not do any of the following:
(1)Purchase or receive any firearm, except an antique firearm, without a valid, unexpired firearm safety certificate.
(2)Commencing on January 1, 2026, and except as otherwise provided in subdivision (c), Section 31615.1, and subdivision (c) of Section 31655, possess any firearm, except an antique firearm, without a valid, unexpired firearm safety certificate.
(3)Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid, unexpired firearm safety
certificate.
(b)(1)A violation of paragraph (1) or (3) of subdivision (a) is punishable as a misdemeanor.
(2)A violation of paragraph (2) of subdivision (a) is punishable as an infraction.
(c)As used in paragraph (2) of subdivision (a), the term
“possess” shall only apply to a person who was required by law to obtain either a basic firearms safety certificate, a handgun safety certificate, or a firearm safety certificate at the time they purchased, received, or imported the firearm.
(d)The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision.
SEC. 3.SECTION 1.
Section 31615.1 is added to the Penal Code, to read:31615.1.
(a) Within 120 days of bringing any firearm, except an antique firearm, into this state, a personal firearm importer shall obtain a firearm safety certificate.(a)A certified instructor shall not issue a firearm safety certificate to, or renew the firearm safety certificate of, any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine.
(b)A certified instructor shall not issue a firearm safety certificate to any person who is under 18 years of age.
(c)A violation of this section shall be grounds for the department to revoke the instructor’s certification to issue firearm safety certificates.
(a)The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b)If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c)The test shall cover, but not be limited to, all of the following:
(1)The laws applicable to carrying and handling firearms, particularly handguns.
(2)The responsibilities of ownership of firearms, particularly handguns.
(3)Current law as it relates to the private sale and transfer of firearms.
(4)Current law as it relates to the permissible use of lethal force.
(5)Current law as it relates to safe firearm storage.
(6)The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7)Prevention strategies to address the risks associated with bringing firearms into the home.
(8)Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d)The test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1)“Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.”
(2)“If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”
(3)“If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).”
(e)(1)The department shall update test materials related to this article at least once every five years.
(2)The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f)A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g)The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024.
(a)The department shall develop firearm safety certificates to be issued by instructors certified by the department to those persons who have complied with this article.
(b)A firearm safety certificate shall include, but not be limited to, the following information:
(1)A unique firearm safety certificate identification number.
(2)The holder’s full name.
(3)The holder’s date of birth.
(4)The holder’s driver’s license or identification number.
(5)The holder’s signature.
(6)The signature of the issuing instructor.
(7)The date of issuance.
(c)The firearm safety certificate shall expire five years after the date that it was issued by the certified instructor, except that for purposes of compliance with paragraph (2) of subdivision (a) of Section 31615, the certificate shall be deemed valid and the holder may renew the certificate within 60 days after expiration.
(d)The department shall, in a timely manner and in a form determined by the department, notify each holder of a firearm safety certificate that is nearing expiration, that
their firearm safety certificate is going to expire and requires renewal.
