Bill Text: CA SB299 | 2017-2018 | Regular Session | Amended
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB299 Detail]
Download: California-2017-SB299-Amended.html
|
Amended
IN
Senate
March 27, 2017 |
|
Amended
IN
Senate
March 16, 2017 |
| Senate Bill | No. 299 |
| Introduced by Senator Mendoza |
February 13, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law regulates the transfer of firearms, and provides that some transfers occur by operation of law, and that a person taking title or possession of a firearm by operation of law includes, among other circumstances, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that
prohibition if certain criteria are met.
This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedent’s personal representative, to a trustee of a trust created by a will, if the estate or trust includes a firearm, and to a successor of a decedent of a small estate that passed without administration.
Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that
requirement.
This bill would require executors and administrators to possess a firearm safety certificate in order to possess a firearm, and would also extend this requirement to the personal representative of an estate, the trustee of a trust, if the estate or trust includes a firearm, and to the successor of a decedent of a small estate that passed without administration. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
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:Bill Text
The people of the State of California do enact as follows:
As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following:
(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(j)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
As used in any provision listed in subdivision (a) of Section 16585, the phrase “a person taking title or possession of a firearm by operation of law” includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:
(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b)A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g)A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.
(h)A firearm passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(i)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(j)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(k)The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(l)A firearm passed to a decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code.
SEC. 3.SECTION 1.
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. 4.SEC. 2.
Section 26600 of the Penal Code is amended to read:26600.
(a) Section 26500 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.SEC. 5.SEC. 3.
Section 27050 of the Penal Code is amended to read:27050.
(a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.SEC. 6.SEC. 4.
Section 27600 of the Penal Code is amended to read:27600.
(a) Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made or from whom the firearm is being imported.SEC. 7.SEC. 5.
Section 27875 of the Penal Code is amended to read:27875.
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:SEC. 8.SEC. 6.
Section 27882 is added to the Penal Code, to read:27882.
Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:(a)Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(1)If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (a), (g), (h), (i),
(j), (k), or (l) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(2)If the person taking title or possession is receiving the firearm pursuant to subdivision (a), (g), (h), (k), or (l) of Section 16990, the person shall do both of the following:
(A)Within 30
days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.
(B)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(3)Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how
title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(4)Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date
that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm,
the person presents proof to the agency that the person is the holder of, a valid firearm safety
certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.
(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm as an
executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a).
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department
of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5)The executor, personal representative, trustee, or administrator is 18 years of age or older.
(c)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned
that firearm.
(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.
(4)The person has
obtained a valid firearm safety certificate,
except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(d)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1)The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.
(2)The person is not subject to the requirements of Section 27560.
(3)The firearm is not a firearm that is prohibited by any provision listed in Section 16590.
(4)The firearm is not an assault weapon.
(5)The firearm is not a machinegun.
(6)The firearm is not a .50 BMG rifle.
(7)The firearm is not a destructive device.
(8)The person is 18 years of age or older.
(9)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in question.
(e)The reports that individuals complete pursuant to this section
shall be made available to them in a format prescribed by the Department of Justice.
(a)The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
(1)An active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)An active or honorably retired federal officer or law enforcement agent.
(3)A reserve peace officer, as defined in Section 832.6.
(4)A 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, if 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)An 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)A person who is authorized to
carry loaded firearms pursuant to Section 26025 or 26030.
(12)A person who holds 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.
(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)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.
(2)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(3)A receiver performing the functions of a receiver.
(4)A trustee in bankruptcy performing the duties of a trustee.
(5)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 of possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.
SEC. 11.SEC. 7.
Section 31705 of the Penal Code is amended to read:31705.
(a) Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.SEC. 12.SEC. 8.
The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law. 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.
