Bill Text: CA SB1422 | 2011-2012 | Regular Session | Amended
Bill Title: Handguns: handgun safety certificate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1422 Detail]
Download: California-2011-SB1422-Amended.html
BILL NUMBER: SB 1422 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2012
AMENDED IN SENATE MARCH 28, 2012
INTRODUCED BY Senator Anderson
FEBRUARY 24, 2012
An act to amend Sections Section
31650 and 31700 of the Penal Code, relating to
handguns.
LEGISLATIVE COUNSEL'S DIGEST
SB 1422, as amended, Anderson. Handguns: handgun safety
certificate.
Existing law authorizes a certified handgun safety instructor to
charge a fee of $25 for the issuance of a handgun safety certificate,
$15 of which is paid to the Department of Justice to cover the
department's costs in carrying out and enforcing provisions of law
relating to handgun safety certificates, and deposited into the
Firearms Safety and Enforcement Special Fund.
This bill would reduce the fee for a handgun safety certificate to
$15 for an honorably discharged member of the United States Armed
Forces, the National Guard, the Air National Guard, or the active
reserve components of the United States who was honorably
discharged before September 11, 2001 .
Existing law prohibits any person, with exceptions, from
purchasing or receiving any handgun, except an antique firearm,
without a valid handgun safety certificate, or to sell, deliver,
loan, or transfer any handgun, except an antique firearm, to any
person who does not have a valid handgun safety certificate. Existing
law exempts certain persons from the requirement of having a handgun
safety certificate, including active or honorably retired members of
the United States Armed Forces, the National Guard, the Air National
Guard, and the active reserve components of the United States, where
individuals in those organizations are properly identified.
This bill would similarly exempt an honorably discharged member of
the United States Armed Forces, the National Guard, the Air National
Guard, or the active reserve components of the United States who was
honorably discharged on or after September 11, 2001.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31650 of the Penal Code is amended to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c). For an honorably
discharged member, the certified instructor may charge a fee of
fifteen dollars ($15), ten dollars ($10) of which is to be paid to
the department pursuant to subdivision (c).
(b) An applicant to renew a handgun safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c). For an honorably discharged member, the certified instructor may
charge a fee of fifteen dollars ($15), ten dollars ($10) of which is
to be forwarded to the department pursuant to subdivision (c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each handgun safety certificate issued by
that instructor, or up to ten dollars ($10) for each handgun safety
certificate issued by an instructor to an honorably discharged
member, to cover the department's cost in carrying out and enforcing
this article, and enforcing the provisions listed in subdivision (e),
as determined annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(f) For purposes of this section, "honorably discharged member"
means an honorably discharged member of the United States Armed
Forces, the National Guard, the Air National Guard, or the active
reserve components of the United States, who has received a United
States Department of Defense certificate of release or discharge from
active duty, DD Form 214 , with an effective date of
separation before September 11, 2001 , indicating a
discharge under honorable conditions.
SEC. 2. Section 31700 of the Penal Code is
amended to read:
31700. (a) The following persons, properly identified, are
exempted from the handgun safety certificate requirement in
subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a handgun that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A person to whom a handgun is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, the active
reserve components of the United States, where individuals in those
organizations are properly identified. For purposes of this section,
proper identification includes the Armed Forces Identification Card,
or other written documentation certifying that the individual is an
active or honorably retired member.
(11) An honorably discharged member of the United States Armed
Forces, the National Guard, the Air National Guard, or the active
reserve components of the United States, who is honorably discharged
on or after September 11, 2001. For purposes of this section,
"honorably discharged member" means a person who has received a
United States Department of Defense certificate of release or
discharge from active duty, DD Form 214, with an effective date of
separation on or after September 11, 2001, indicating a discharge
under honorable conditions.
(12) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(13) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
