Bill Text: CA SB282 | 2009-2010 | Regular Session | Amended
Bill Title: Deadly weapons transaction records: firearms and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-23 - Assembly Rule 69(d) suspended. (Page 6463.) [SB282 Detail]
Download: California-2009-SB282-Amended.html
BILL NUMBER: SB 282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 17, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 7, 2010
AMENDED IN ASSEMBLY FEBRUARY 23, 2010
AMENDED IN ASSEMBLY JUNE 24, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Wright
FEBRUARY 24, 2009
An act to amend Section 12077 of, and to add Section 12062 to, the
Penal Code, relating to deadly weapons transaction records.
LEGISLATIVE COUNSEL'S DIGEST
SB 282, as amended, Wright. Deadly weapons transaction records:
firearms and ammunition.
Existing law provides that commencing February 1, 2011, a vendor
shall not sell or otherwise transfer ownership of any handgun
ammunition without, at the time of delivery, legibly recording
specified information regarding the purchaser or transferee, and
maintaining the record for a period of not less than 5 years, as
specified. Existing law provides that violation of these provisions
is a misdemeanor. Existing law also provides that the records shall
be subject to inspection by any peace officer and certain others, as
specified, for purposes of an investigation where access to those
records is or may be relevant to that investigation, when seeking
information about persons prohibited from owning a firearm or
ammunition, or when engaged in ensuring compliance with laws
pertaining to firearms or ammunition, as specified.
This bill would provide that commencing February 1, 2011, except
for investigatory and enforcement purposes described above, no
ammunition vendor shall provide the required information to any 3rd
party, or use the information for any purpose other than as is
required or authorized by statute or regulation, without the written
consent of the purchaser or transferee. The bill would also provide
that any required ammunition records that are no longer required to
be maintained shall be destroyed in a specified manner. The bill
would provide that violation of these provisions is a misdemeanor.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
Existing law requires certain information to be collected by
firearms dealers in connection with the transfer of firearms and
submitted to the Department of Justice, as specified.
This bill would provide that no firearms dealer shall provide the
information required by those provisions to any 3rd party, or use the
information for any purpose other than as is required or authorized
by statute or regulation, without the written consent of the
purchaser or transferee, except for purposes of 3rd-party electronic
submission to the department. The bill would also provide that any of
these records that are no longer required to be maintained, if
destroyed, shall be destroyed in a specified manner.
This bill would incorporate amendments to Section 12077 of the
Penal Code proposed by AB 1810, contingent on the prior enactment of
that bill.
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.
This bill would provide that these provisions shall only become
operative if AB 2358 of the 2009-10 Regular Session of the
Legislature is enacted and becomes effective on or before January 1,
2011.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12062 is added to the Penal Code, to read:
12062. (a) Commencing February 1, 2011, except for the purposes
set forth in paragraph (5) of subdivision (a) of Section 12061, no
vendor shall provide the information specified in paragraph (3) of
subdivision (a) of Section 12061 to any third party, or use the
information for any purpose other than as is required or authorized
by statute or regulation, without the written consent of the
purchaser or transferee of the handgun ammunition who is the subject
of the record.
(b) Any records generated pursuant to Section 12061 that are no
longer required to be maintained shall be destroyed pursuant to
Section 1798.81 of the Civil Code.
(c) A violation of this section is a misdemeanor.
SEC. 2. Section 12077 of the Penal Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) No dealer shall provide the information required by this
section to any third party, or use the information for any purpose
other than as is required or authorized by statute or regulation,
without the written consent of the purchaser or transferee. This
subdivision shall not apply to the electronic submission to the
department, through a third party authorized by the department, of
information required by this section and Section 12076.
(h) Any records generated pursuant to this section by a person
licensed pursuant to Section 12071 that are no longer required to be
maintained by that licensee, if destroyed, shall be destroyed
pursuant to Section 1798.81 of the Civil Code.
(i) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 2.5. Section 12077 of the Penal Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) Until July 1, 2012, for handguns, and thereafter for all
firearms, information contained in the register or record of
electronic transfer shall be the date and time of sale, make of
firearm, peace officer exemption status pursuant to subdivision (a)
of Section 12078 and the agency name, auction or event waiting period
exemption pursuant to subdivision (g) of Section 12078, dealer
waiting period exemption pursuant to subdivision (n) of Section
12078, dangerous weapons permitholder waiting period exemption
pursuant to subdivision (r) of Section 12078, curio and relic waiting
period exemption pursuant to subdivision (t) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
for transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
provided however, that if the firearm is not a handgun and does not
have a serial number, identification number, or mark assigned to it,
a notation as to that fact, the caliber, type of firearm, if the
firearm is new or used, barrel length, color of the firearm, full
name of purchaser, purchaser's complete date of birth, purchaser's
local address, if current address is temporary, complete permanent
address of purchaser, identification of purchaser, purchaser's place
of birth (state or country), purchaser's complete telephone number,
purchaser's occupation, purchaser's sex, purchaser's physical
description, all legal names and aliases ever used by the purchaser,
yes or no answer to questions that prohibit purchase including, but
not limited to, conviction of a felony as described in Section 12021
or an offense described in Section 12021.1, the purchaser's status as
a person described in Section 8100 of the Welfare and Institutions
Code, whether the purchaser is a person who has been adjudicated by a
court to be a danger to others or found not guilty by reason of
insanity, whether the purchaser is a person who has been found
incompetent to stand trial or placed under conservatorship by a court
pursuant to Section 8103 of the Welfare and Institutions Code,
signature of purchaser, signature of salesperson (as a witness to the
purchaser's signature), salesperson's certificate of eligibility
number if he or she has obtained a certificate of eligibility, name
and complete address of the dealer or firm selling the firearm as
shown on the dealer's license, the establishment number, if assigned,
the dealer's complete business telephone number, any information
required by Section 12082, any information required to determine
whether or not paragraph (6) of subdivision (c) of Section 12072
applies, and a statement of the penalties for any person signing a
fictitious name or address or for knowingly furnishing any incorrect
information or for knowingly omitting any information required to be
provided for the register.
(2) The purchaser shall provide his or her right thumbprint on the
register in a manner prescribed by the department. No exception to
this requirement shall be permitted except by regulations adopted by
the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) The purchaser shall provide his or her right thumbprint on the
register in a manner prescribed by the department. No exception to
this requirement shall be permitted except by regulations adopted by
the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(4) This subdivision shall become inoperative on July 1, 2012.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) The purchaser's name, date of birth, and driver's license or
identification number shall be obtained electronically from the
magnetic strip on the purchaser's driver's license or identification
and shall not be supplied by any other means except as authorized by
the department. This requirement shall not apply in either of the
following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic strip reader is
unable to obtain the required information from the purchaser's
identification. In those circumstances, the firearms dealer shall
obtain a photocopy of the identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) No dealer shall provide the information required by this
section to any third party, or use the information for any purpose
other than as is required or authorized by statute or regulation,
without the written consent of the purchaser or transferee. This
subdivision shall not apply to the electronic submission to the
department, through a third party authorized by the
department, of information required by this section and Section
12076.
(h) Any records generated pursuant to this section by a person
licensed pursuant to Section 12071 that are no longer required to be
maintained by that licensee, if destroyed, shall be destroyed
pursuant to Section 1798.81 of the Civil Code. This
subdivision shall not apply to the electronic submission to the
department, through a third party authorized by the department, of
information required by this section and Section 12076.
(i) As used in this section, the following definitions shall
control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 2.7. Section 2.5 of this bill incorporates amendments to
Section 12077 of the Penal Code proposed by both this bill and AB
1810. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 12077 of the Penal Code, and (3) this bill is enacted
after AB 1810, in which case Section 2 of this bill shall not become
operative.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. This act shall only become operative if Assembly Bill 2358
of the 2009-10 Regular Session of the Legislature is enacted and
becomes effective on or before January 1, 2011.
