Bill Text: CA SB172 | 2019-2020 | Regular Session | Amended
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
Amended
IN
Assembly
September 03, 2019 |
Amended
IN
Assembly
June 12, 2019 |
Amended
IN
Senate
April 25, 2019 |
Amended
IN
Senate
April 09, 2019 |
Amended
IN
Senate
March 25, 2019 |
Introduced by Senator Portantino (Principal coauthors: Assembly Members Bonta, Gabriel, and Bauer-Kahan) (Coauthor: Senator Wiener) |
January 28, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
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)
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 9.9 (commencing with Section 1567.90) is added to Chapter 3 of Division 2 of the Health and Safety Code, to read:Article 9.9. Firearms, Ammunition, and Deadly Weapons
1567.90.
(a) This article does not require a facility to accept, store, or retain firearms or ammunition.1567.91.
As used in this article, the following terms have the following meanings:1567.92.
A licensee that permits clients to possess firearms on the facility premises shall do all of the following:1567.93.
(a) A licensee shall not accept, retain, or store any deadly weapon of a client or licensee.1567.94.
The acceptance or storage of a client’s firearm by a licensee at 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.SEC. 2.
The heading of Article 1 (commencing with Section 1568.01) is added to Chapter 3.01 of Division 2 of the Health and Safety Code, to read:Article 1. General Provisions
SEC. 3.
Article 2 (commencing with Section 1568.095) is added to Chapter 3.01 of Division 2 of the Health and Safety Code, to read:Article 2. Firearms, Ammunition, and Deadly Weapons
1568.095.
(a) This article does not require a facility to accept, store, or retain firearms or ammunition.1568.096.
As used in this article, the following terms have the following meanings:1568.097.
A licensee that permits residents to possess firearms on the facility premises shall do all of the following:1568.098.
(a) A licensee shall not accept, retain, or store any deadly weapon of a resident or licensee.1569.284.
The acceptance or storage of a resident’s firearm by a licensee at 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.SECTION 1.SEC. 4.
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
This article shall be known, and may be cited, as the “Keep Our Seniors Safe Act.”
1569.280.
(a) 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:(c)
(d)
(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)
(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.
(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.
(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.
1569.284.1569.283.
(a) A licensee shall not accept, retain, or store any deadly1569.285.1569.284.
The acceptance or storage of a resident’s firearm by a licensee at 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.Any facility that permits residents to possess firearms on its premises shall disclose and demonstrate all of the following upon the request of the department:
(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.
This article does not require a facility to accept, store, or retain firearms or ammunition.
SEC. 2.SEC. 5.
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.SEC. 3.SEC. 6.
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:SEC. 4.SEC. 7.
Section 25105 of the Penal Code is amended to read:25105.
Section 25100 does not apply whenever any of the following occurs:SEC. 5.SEC. 8.
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:SEC. 6.SEC. 9.
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:SEC. 9.1.
Section 26835 of the Penal Code is amended to read:26835.
(a) A licensee shall(b)This section shall become operative on January 1, 2019.
SEC. 9.2.
Section 26835 is added to the Penal Code, to read:26835.
(a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:SEC. 9.3.
Section 26835 of the Penal Code is amended to read:26835.
(a) A licensee shall(b)This section shall become operative on January 1, 2019.
SEC. 9.4.
Section 26835 is added to the Penal Code, to read:26835.
(a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:SEC. 9.5.
Section 26835 is added to the Penal Code, to read:26835.
(a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:SEC. 9.6.
Section 26835 is added to the Penal Code, to read:26835.
(a) A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one inch in height:SEC. 7.SEC. 10.
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:SEC. 8.SEC. 11.
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:SEC. 9.SEC. 12.
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:SEC. 10.SEC. 13.
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 487 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.SEC. 11.SEC. 14.
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:SEC. 14.5.
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:(d)This section shall become operative on January 1, 2015.