Bill Text: CA SB172 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 840, Statutes of 2019. [SB172 Detail]
Download: California-2019-SB172-Amended.html
(a)Any facility that permits residents to possess firearms on its premises shall annually certify to the department the aggregate number of firearms and ammunition centrally stored in the facility’s secure gun safe, as described in Section 1569.282, supported by and itemized in the individual weapons inventories maintained by the facility. shall disclose and demonstrate all of the following upon the request of the department:1569.287.
This article does not require a facility to accept, store, or retain firearms or ammunition.
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 840, Statutes of 2019. [SB172 Detail]
Download: California-2019-SB172-Amended.html
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Amended
IN
Senate
April 25, 2019 |
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Amended
IN
Senate
April 09, 2019 |
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Amended
IN
Senate
March 25, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 172 |
| Introduced by Senator Portantino (Principal coauthors: Assembly Members Bonta and Gabriel) (Coauthor: Senator Wiener) |
January 28, 2019 |
An act to add Article 2.7 (commencing with Section 1569.280) to Chapter 3.2 of Division 2 of the Health and Safety Code, and to amend Sections 17060, 25100, 25105, 25200, 26835, 29805, and 31700 of, and to add Sections 27881, 27882, and 27883 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 172, as amended, Portantino.
Firearms.
(1) Existing law, subject to exceptions, generally requires the loan of a firearm to be conducted by a firearms dealer.
This bill would authorize the temporary transfer of a firearm without a firearms dealer’s participation to a person who is 18 years of age or older for safekeeping to prevent it from being used to attempt suicide, as specified. The bill would also authorize the loan of a firearm without a firearms dealer’s participation under other specified circumstances and if certain conditions are met, as specified.
(2) Under existing law a person commits the crime of criminal storage of a firearm if the person keeps a loaded firearm within a premises with knowledge that a child is likely to gain access to the firearm.
This bill would make the crime of criminal storage applicable to the storage of an unloaded firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would impose a state-mandated local program.
(3) Existing law makes it a crime to keep a handgun within a premises with knowledge that a child or person prohibited from possessing a firearm is likely to gain access if the child or prohibited person obtains access to the handgun and carries it off premises.
This bill would make this crime applicable to any firearm. The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By expanding the application of a crime and creating a new crime, this bill would
impose a state-mandated local program.
(4) Existing law makes it a crime for an owner or legal occupant of a residence to store a firearm in that residence if the person knows another person residing in that residence is prohibited from possessing a firearm unless the firearm is secured, as specified.
The bill would make it a crime for a person who has been convicted of this crime to own a firearm for a period of 10 years. By creating a new crime, this bill would impose a state-mandated local program.
(5) The California Residential Care Facilities for the Elderly Act provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. A person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a
misdemeanor.
This bill would enact, within the act, the Keep Our Seniors Safe Act and would require the department to promulgate regulations prescribing the procedures for a firearm and ammunition to be centrally stored in a locked gun safe within a facility that permits residents to possess firearms on its premises. The bill would require a facility to prepare and maintain an individual weapons inventory for each firearm and type of ammunition stored within the facility and submit the inventories to the Department of Justice.
The bill would require a facility that permits residents to possess firearms on its premises
to prepare a Keep Our Seniors Safe Annual Certification that reports the number of firearms and ammunition stored within the facility and would further require the administrator of the facility to sign the certification under penalty of perjury. The bill would make falsely certifying the certification a misdemeanor. The bill would also require the facility to post the most current annual certification in a prominent location within the facility. By expanding the crime of perjury and expanding the duties of these facilities, the bill would expand the scope of existing crimes, thereby imposing state-mandated local programs.
The bill would require the department to annually verify and disclose a facility’s compliance with these provisions.
The bill would require a facility that permits
residents to possess firearms on its premises to, at the request of the State Department of Social Services, disclose and demonstrate compliance with specified requirements, including, among other things, that the facility maintain an inventory of firearms and ammunition held in that facility. Because a violation of these requirements by a facility would be a crime, the bill would impose a state-mandated local program.
(6) 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.
Article 2.7 (commencing with Section 1569.280) is added to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:Article 2.7. Firearms, Ammunition, and Deadly Weapons
1569.280.
This article shall be known, and may be cited, as the “Keep Our Seniors Safe Act.”1569.281.
As used in this article, the following terms have the following meanings.(a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device.
(b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(c) “Deadly weapon” means any of the following:
(1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code.
(2) A destructive device, as defined in Section 16460 of the Penal Code.
(d) “Handgun” has the same meaning as set forth in Section 16640 of the Penal Code and includes the frame or receiver of the same.
(e) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code.
(f) “Owner” means the owner of a firearm or ammunition.
(g) “Facility” means a residential care facility for the elderly licensed
by the State Department of Social Services, Community Care Licensing Division.
(h) “Authorized intake representative” means the facility administrator. If the licensee is the administrator, the licensee shall name an additional designee who may also act as the authorized intake representative.
1569.282.
The department shall promulgate regulations that prescribe the procedures for a facility that permits residents to possess firearms on its premises to do all of the following:(a) Accept and store a resident’s firearm or ammunition.
(b) Retain and store a licensee’s firearm or ammunition.
(c) Residents’ and licensees’ firearms or ammunition shall be centrally stored in the facility and in the following manner:
(1) Unloaded, separate from ammunition, in a durable, solid steel-constructed, locked gun safe.
(2) The locking mechanism for the gun safe shall be either
electronic or biometric. The gun safe shall be tethered to a fixed object by steel cable or be securely mounted to the floor or wall.
(d) An individual weapons inventory, as described in Section 1569.283, shall be completed and processed for each firearm and ammunition contained in the centrally stored gun safe.
1569.283.
(a) Any facility that permits residents to possess firearms on its premises shall prepare an individual weapons inventory for each firearm and type of ammunition that is secured in the centrally-stored gun safe described in Section 1569.282.(b) Access to the gun safe shall be limited to the facility administrator.
(c) An individual weapons inventory shall include two parts. Part I shall document the enrollment of firearms and ammunition and Part II shall document the removal of firearms and ammunition from the facility.
(1) All of
the following information for each firearm and type of ammunition shall be obtained and documented in Part I:
(A) Name of the resident or licensee who is the owner of the firearm or ammunition.
(B) Identification of the firearm, including, but not limited to, the manufacture, caliber, serial number, and model number.
(C) The owner’s applicable permit or registration number for the firearm.
(D) For ammunition, the quantity of each type of projectile, inventoried as to manufacturer and caliber.
(E) One or more photographs of the firearm or ammunition as necessary for identification.
(F) Handwritten date and signature by the owner of the firearm or ammunition.
(G) Handwritten date and signature by the authorized intake representative who conducted the weapon intake and completed the inventory document.
(H) Any additional information necessary to comply with existing state laws, or required by the department.
(2) Upon a resident’s death or transfer out of the facility, the inventory form shall document the following in Part II of the inventory form:
(A) Date on which the firearm or ammunition was removed from the storage and the facility.
(B) The name, address, and contact information of the individual to whom possession of the firearm or ammunition was transferred.
(C) Photo identification of the person to whom possession of the firearm or ammunition was transferred.
(D) Handwritten date and signature by the individual who took possession of the firearm or ammunition and their relationship to the resident.
(E) Handwritten date and signature by the authorized intake representative who effected the transfer of the firearm or ammunition out of the facility and who completed the inventory document.
(d) A facility shall maintain the
completed, original individual weapons inventory in a centralized weapons inventory file and in the resident’s file. Within five business days of the date the firearm or ammunition owner signed and dated the individual weapons inventory, the facility administrator shall provide a copy to the owner of the firearm or ammunition and shall submit a copy to the Department of Justice in the manner directed by the Department of Justice.
1569.284.
(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.280, of a resident or licensee.(b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee:
(1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code.
(2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code.
(4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code.
(c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with Department of Justice pursuant to Section 29180 of the Penal Code.
(d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with
the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.
(e) Commencing July 1, 2021, in the case of a handgun, unless it is an antique handgun, firearm, the licensee shall not accept, retain, or store
the handgun
a firearm unless the owner provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that handgun. firearm.
1569.285.
The acceptance or storage of a resident’s firearm by a facility in accordance with this article, or the retention and storage of a licensee’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code.1569.286.
(a) The firearms and ammunition are stored in compliance with storage requirements.
(b) Stored firearms and ammunition are inaccessible to residents with dementia.
(c) The facility maintains an inventory of firearms and ammunition held in that facility.
(d) The facility maintains a log to document when a firearm is placed in storage and when it is removed from storage.
(b)The authorized intake representative shall sign the annual certification under penalty of perjury.
(c)The facility shall post the most current annual certification in a prominent location in the facility.
(d)The annual certification required by this section shall be known, and may be cited, as the “Keep Our Seniors Safe Annual Certification.”
(e)Falsely certifying the “Keep Our Seniors Safe Annual Certification” is a misdemeanor.
The department shall annually disclose the following information in a public document to be posted on the department’s “Transparency Website” for each facility that permits residents to possess firearms on its premises:
(a)The department’s verification of all of the following:
(1)A compliant gun safe is in the facility.
(2)The department’s licensing program analyst has personally verified the gun safe is locked.
(3)The individual weapons inventories are properly completed.
(4)A properly completed and appropriately placed posting of
the annual Keep Our Seniors Safe Annual Certification.
(b)The facility’s most current and annual Keep Our Seniors Safe Annual Certification.
1569.288.1569.287.
This article does not require a facility to accept, store, or retain firearms or ammunition.SEC. 2.
Section 17060 of the Penal Code is amended to read:17060.
(a) As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.(b) As used in Sections 27881, 27882, and 27883, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational vehicles or other vehicles where human habitation occurs.
SEC. 3.
Section 25100 of the Penal Code is amended to read:25100.
(a) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the first degree” if all of the following conditions are satisfied:(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.
(3) The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other person, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes death or great bodily injury to themselves or any other person.
(b) Except as provided in Section 25105, a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied:
(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to the firearm
without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.
(3) The child obtains access to the firearm and thereby causes injury, other than great bodily injury, to the child or any other person, or carries the firearm either to a public place or in violation of Section 417, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes injury, other than great bodily injury, to themselves or any other person, or carries the firearm either to a public place or in violation of Section 417.
(c) Except as provided in Section 25105, a person commits the crime
of “criminal storage of a firearm in the third degree” if the person keeps any firearm within any premises that are under the person’s custody or control and negligently stores or leaves a firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, unless reasonable action is taken by the person to secure the firearm against access by the child.
SEC. 4.
Section 25105 of the Penal Code is amended to read:25105.
Section 25100 does not apply whenever any of the following occurs:(a) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(b) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(c) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The firearm is locked with a locking device, as defined in Section
16860, which has rendered the firearm inoperable.
(e) The person is a peace officer or a member of the Armed Forces or the National Guard and the child obtains the firearm during, or incidental to, the performance of the person’s duties.
(f) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person.
(g) The person who keeps a firearm on premises that are under the person’s custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
SEC. 5.
Section 25200 of the Penal Code is amended to read:25200.
(a) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine:(1) The person keeps a firearm, loaded or unloaded, within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to that firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely
to gain access to the firearm.
(3) The child or the prohibited person obtains access to that firearm and thereafter carries that firearm off-premises.
(b) If all of the following conditions are satisfied, a person shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine:
(1) The person keeps any firearm within any premises that are under the person’s custody or control.
(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from
possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.
(3) The child or the prohibited person obtains access to the firearm and thereafter carries that firearm off-premises to any public or private preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance, whether occurring on school grounds or elsewhere.
(c) A firearm that a child or prohibited person gains access to and carries off-premises in violation of this section shall be deemed “used in the commission of any misdemeanor as provided in this code or any felony” for the purpose of Section 29300 regarding the authority to confiscate firearms and other deadly weapons as a nuisance.
(d) As used in this section, “off-premises” means premises other than the premises where the firearm was stored.
SEC. 6.
Section 26835 of the Penal Code is amended to read:26835.
A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:(a) “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 MAY 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.”
(b) “IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A
PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.”
(c) “CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT
FROM TEMPORARILY FUNCTIONING.”
(d) “YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(e) “IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.”
(f) “DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING
AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.”
(g) “FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.”
(h) “NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE
MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.”
(i) “IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN.”
SEC. 7.
Section 27881 is added to the Penal Code, to read:27881.
Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:(a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b) The loan occurs within the lender’s place of residence or other real property, except for property that is zoned for commercial, retail, or industrial activity.
(c) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(d) The individual receiving the firearm is 18 years of age or older.
(e) The firearm does not leave the real property upon which the loan occurs.
SEC. 8.
Section 27882 is added to the Penal Code, to read:27882.
(a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and secured in the
transferee’s residence in one of the following ways:
(A) Secured in a locked container.
(B) Disabled by a firearm safety device.
(C) Secured within a locked gun safe.
(D) Locked with a locking device as described in Section 16860 that has rendered the firearm inoperable.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the
owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency
without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
SEC. 9.
Section 27883 is added to the Penal Code, to read:27883.
Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:(a) The firearm being loaned is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned
for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm
is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
SEC. 10.
Section 29805 of the Penal Code is amended to read:29805.
(a) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.(b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one
year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) Except as provided in Section 29855, any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(d) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in
this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.
SEC. 11.
Section 31700 of the Penal Code is amended to read:31700.
(a) The following persons, properly identified, are exempted from the firearm 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 firearm 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 firearm 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, or 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) Any person who is authorized to carry loaded
firearms pursuant to Section 26025 or 26030.
(12) 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 firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm 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, 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.
(c) A person, validly identified, who has been issued a
valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title or possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
(d) The firearm safety certificate requirement in subdivision (a) of Section 31615 shall not apply to a person taking possession of a firearm pursuant to Section 27882 or 27883.
