California Assembly Bill AB2186 Introduced / Bill

 BILL NUMBER: AB 2186INTRODUCED BILL TEXT INTRODUCED BY Assembly Member De Leon FEBRUARY 18, 2010 An act to amend Section 12094 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2186, as introduced, De Leon. Firearms. Existing law makes it an offense for any person, with knowledge of any change, alteration, removal, or obliteration, to buy, receive, dispose of, sell, offer for sale, or to have in his or her possession any pistol, revolver, or other firearm which has had the name of the maker, model, or the manufacturer's number or other mark of identification including any distinguishing number or mark assigned by the Department of Justice changed, altered, removed, or obliterated. This bill would make a technical, nonsubstantive change to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12094 of the Penal Code is amended to read: 12094. (a)  Any   Every  person with knowledge of any change, alteration, removal, or obliteration described herein, who buys, receives, disposes of, sells, offers for sale, or has in his or her possession any pistol, revolver, or other firearm which   that  has had the name of the maker, model, or the manufacturer's number or other mark of identification including any distinguishing number or mark assigned by the Department of Justice changed, altered, removed, or obliterated is guilty of a misdemeanor. (b) Subdivision (a) does not apply to any of the following: (1) The acquisition or possession of a firearm described in subdivision (a) by any member of the military forces of this state or of the United States, while on duty and acting within the scope and course of his or her employment. (2) The acquisition or possession of a firearm described in subdivision (a) by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of his or her employment. (3) The acquisition or possession of a firearm described in subdivision (a) by any employee of a forensic laboratory, while on duty and acting within the scope and course of his or her employment. (4) The possession and disposition of a firearm described in subdivision (a) by a person who meets all of the following: (A) He or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessary to deliver the same to a law enforcement agency for that agency's disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency in order to deliver the firearm to the law enforcement agency for the agency's disposition according to law. (D) If the person is transporting the firearm to a law enforcement agency, he or she has given prior notice to the law enforcement agency that he or she is transporting the firearm to that law enforcement agency for that agency's disposition according to law. (E) The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2.