California Senate Bill SB683 Amended / Bill

 BILL NUMBER: SB 683AMENDED BILL TEXT AMENDED IN SENATE APRIL 1, 2013 INTRODUCED BY Senator Block FEBRUARY 22, 2013 An act to amend  Section 26525   Sections 16670, 26840, 27540, 27875, 27880, 27920, 27925, 31610, 31615, 31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 of, to amend the heading of Chapter 4 (commencing with Section 31500) of Division 10 of Title 4 of Part 6 of, and to amend the headin   g of Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of Title 4 of Part 6  of  ,  the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 683, as amended, Block. Firearms:  used firearms.   firearm safety certificate.   Existing law prohibits a person from purchasing or receiving any handgun without a valid handgun safety certificate, and prohibits any person from selling, delivering, loaning, or transferring any handgun to any person who does not have a valid handgun safety certificate, with exceptions, as specified. Under existing law, a violation of these provisions is a misdemeanor.   This bill would instead prohibit a person from purchasing or receiving any firearm without a valid firearm safety certificate, and would prohibit any person from selling, delivering, loaning, or transferring any firearm to any person who does not have a valid firearm safety certificate. The bill would make conforming changes. The bill would also make technical, nonsubstantive changes. By expanding the scope of 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.   Existing law, subject to exceptions, prohibits a person from selling, leasing, or transferring firearms unless the person has been issued a firearms dealer license, as specified. Existing law provides an exception to that requirement for the sale, lease, or transfer of used firearms that are not handguns at gun shows or other events, as specified, if the person has a valid federal firearms license, a current certificate of eligibility, and certain other criteria are met.   This bill would make technical, nonsubstantive changes to these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 16670 of the   Penal Code   is amended to read:  16670. As used in this part,  "handgun     "firearm  safety certificate" means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010.  SEC. 2.   Section 26840 of the   Penal Code  is amended to read:  26840.  No   A  dealer  may   shall not  deliver a  handgun   firearm  unless the person receiving the  handgun   firearm presents to the dealer a valid  handgun   firearm  safety certificate. The firearms dealer shall retain a photocopy of the  handgun   firearm  safety certificate as proof of compliance with this requirement.  SEC. 3.   Section 27540 of the   Penal Code   is amended to read:  27540.  No   A  dealer, whether or not acting pursuant to Chapter 5 (commencing with Section 28050), shall  not  deliver a firearm to a person, as follows: (a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later. (b) Unless unloaded and securely wrapped or unloaded and in a locked container. (c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person's identity and age to the dealer. (d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (e)  No handgun   A firearm  shall  not  be delivered unless the purchaser, transferee, or person being loaned the  handgun   firearm  presents a  handgun   firearm  safety certificate to the dealer. (f)  No   A  handgun shall  not  be delivered whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun and that the previous application to purchase involved none of the entities specified in subdivision (b) of Section 27535.  SEC. 4.   Section 27875 of the   Penal Code   is amended to   read:  27875. Section 27545 does not apply to the transfer of a  handgun, and commencing January 1, 2014, any  firearm  ,  by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met: (a) The transfer is infrequent, as defined in Section 16730. (b) The transfer is between members of the same immediate family. (c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report 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. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice. (d) The person taking title to the firearm shall first obtain a  handgun   firearm  safety certificate  , if the firearm is a handgun  . (e) The person receiving the firearm is 18 years of age or older.  SEC. 5.   Section 27880 of the   Penal Code   is amended to read:  27880. Section 27545 does not apply to the loan of a firearm between persons who are personally known to each other, if all of the following requirements are satisfied: (a) The loan is infrequent, as defined in Section 16730. (b) The loan is for any lawful purpose. (c) The loan does not exceed 30 days in duration. (d)  If the firearm is a handgun, the   The  individual being loaned the  handgun   firearm  shall have a valid  handgun   firearm  safety certificate.  SEC. 6.   Section 27920 of the   Penal Code   is amended to read:  27920. Section 27545 does not apply to a person who takes title or possession of a  handgun, and commencing January 1, 2014, any  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: (a) 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 (g), (i), or (j) of Section 16990, the person shall, within 30 days of taking possession, forward by prepaid mail or deliver in person to the Department of Justice, a report of 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) If the person taking title or possession is receiving the firearm pursuant to subdivision (g) of Section 16990, the person shall do both of the following: (1) Within 30 days of taking possession, forward by prepaid mail or deliver in person to the department, a report of 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) Prior to taking title or possession of the firearm, the person shall obtain a  handgun   firearm  safety certificate  , if the firearm is a handgun  . (c) Where the person receiving title or possession of the  handgun, and commencing January 1, 2014, any  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. (d) Where the person receiving title or possession of the  handgun, and commencing January 1, 2014, any  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  , if the firearm is a handgun  , that law enforcement agency shall not deliver  that handgun   the firearm  to the person referred to in this subdivision unless, prior to the delivery of the  handgun   firearm  , the person presents proof to the agency that the person is the holder of a  handgun   firearm  safety certificate. (e) The reports that individuals complete pursuant to this section shall be provided to them by the Department of Justice.  SEC. 7.   Section 27925 of the   Penal Code   is amended to read:  27925. (a) Section 27545 does not apply to a person who takes possession of a firearm by operation of law in a representative capacity who subsequently transfers ownership of the firearm to himself or herself in an individual capacity. (b)  In the case of a handgun, the   The  individual shall obtain a  handgun   firearm  safety certificate prior to transferring ownership to himself or herself, or taking possession of a  handgun   firea   rm  in an individual capacity.  SEC. 8.   The heading of Chapter 4 (commencing with Section 31500) of Division 10 of Title 4 of Part 6 of the   Penal Code   is amended to read:  CHAPTER 4. HANDGUNS  AND FIREARM SAFETY   SEC. 9.   The heading of Article 2 (commencing with Section 31610) of Chapter 4 of Division   10 of Title 4 of Part 6 of the   Penal Code   is amended to read:  Article 2.  Handgun   Firearm  Safety Certificate  SEC. 10.   Section 31610 of the   Penal Code   is amended to read:  31610. It is the intent of the Legislature in enacting this article to require that persons who obtain  handguns   firearms  have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require a  handgun   firearm  safety certificate for the mere possession of a firearm.  SEC. 11.   Section 31615 of the   Penal Code   is amended to read:  31615. (a)  No   A  person shall  not  do either of the following: (1) Purchase or receive any  handgun   firearm  , except an antique firearm, without a valid  handgun   firearm  safety certificate. (2) Sell, deliver, loan, or transfer any  handgun   firearm  , except an antique firearm, to any person who does not have a valid  handgun   firearm  safety certificate. (b) Any person who violates subdivision (a) is guilty of a misdemeanor. (c) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision.  SEC. 12.   Section 31620 of the   Penal Code   is amended to read:  31620. (a)  No   A  person  may   shall not  commit an act of collusion as specified in Section 27550. (b) Any person who alters, counterfeits, or falsifies a  handgun   firearm  safety certificate, or who uses or attempts to use any altered, counterfeited, or falsified  handgun   firearm  safety certificate to purchase a  handgun   firearm  is guilty of a misdemeanor. (c) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.  SEC. 13.   Section 31625 of the   Penal Code   is amended to read:  31625. (a)  No   A  certified instructor  may   shall not  issue a  handgun   firearm  safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine. (b)  No   A  certified instructor  may   shall not  issue a  handgun   firearm  safety certificate to any person who is under 18 years of age. (c) A violation of this section shall be grounds for the department to revoke the instructor's certification to issue  handgun   firearm  safety certificates.  SEC. 14.  Section 31630 of the   Penal Code   is amended to read:  31630. (a) The department shall develop an instruction manual in English and in Spanish by October 1, 2002. The department shall make the instructional manual available to firearms dealers licensed pursuant to Sections 26700 to 26915, inclusive, who shall make it available to the general public. Essential portions of the manual may be included in the pamphlet described in Section 34205. (b) The department shall develop audiovisual materials in English and in Spanish by March 1, 2003, to be issued to instructors certified by the department. (c) The department shall solicit input from any reputable association or organization, including any law enforcement association that has as one of its objectives the promotion of firearms safety, in the development of the  handgun   firearm  safety certificate instructional materials.  SEC. 15.   Section 31635 of the  Penal Code   is amended to read:  31635. (a) The department shall prescribe a minimum level of skill, knowledge, and competency to be required of all  handgun   firearm  safety certificate instructors. (b) Department Certified Instructor applicants shall have a certification to provide training from one of the following organizations as specified, or any entity found by the department to give comparable instruction in firearms safety, or the applicant shall have similar or equivalent training to that provided by the following, as determined by the department: (1) Department of Consumer Affairs, State of California-Firearm Training Instructor. (2) Director of Civilian Marksmanship, Instructor or Rangemaster. (3) Federal Government, Certified Rangemaster or Firearm Instructor. (4) Federal Law Enforcement Training Center, Firearm Instructor Training Program or Rangemaster. (5) United States Military, Military Occupational Specialty (MOS) as marksmanship or firearms instructor. Assignment as Range Officer or Safety Officer are not sufficient. (6) National Rifle Association-Certified Instructor, Law Enforcement Instructor, Rangemaster, or Training Counselor. (7) Commission on Peace Officer Standards and Training (POST), State of California-Firearm Instructor or Rangemaster. (8) Authorization from a State of California accredited school to teach a firearm training course.  SEC. 16.   Section 31640 of the   Penal Code   is amended to read:  31640. (a) The department shall develop a written objective test, in English and in Spanish, and prescribe its content, form, and manner, to be administered by an instructor certified by the department. (b) If the person taking the test is unable to read, the examination shall be administered orally. If the person taking the test is unable to read English or Spanish, the test may be applied orally by a translator. (c) The test shall cover, but not be limited to, all of the following: (1) The laws applicable to carrying and handling firearms, particularly handguns. (2) The responsibilities of ownership of firearms, particularly handguns. (3) Current law as it relates to the private sale and transfer of firearms. (4) Current law as it relates to the permissible use of lethal force. (5) What constitutes safe firearm storage. (6) Issues associated with bringing a  handgun   firearm  into the home. (7) Prevention strategies to address issues associated with bringing firearms into the home. (d) The department shall update test materials related to this article every five years. (e) If a dealer licensed pursuant to Sections 26700 to 26915, inclusive, or his or her employee, or where the managing officer or partner is certified as an instructor pursuant to this article, he or she shall also designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to assure that no acts of collusion occur while the objective test is being administered.  SEC. 17.   Section 31645 of the   Penal Code   is amended to read:  31645. (a) An applicant for a  handgun   firearm  safety certificate shall successfully pass the objective test referred to in Section 31640, with a passing grade of at least 75 percent. Any person receiving a passing grade on the objective test shall immediately be issued a  handgun   firearm  safety certificate by the instructor. (b) An applicant who fails to pass the objective test upon the first attempt shall be offered additional instructional materials by the instructor, such as a videotape or booklet. The person may not retake the objective test under any circumstances until 24 hours have elapsed after the failure to pass the objective test upon the first attempt. The person failing the test on the first attempt shall take another version of the test upon the second attempt. All tests shall be taken from the same instructor except upon permission by the department, which shall be granted only for good cause shown. The instructor shall make himself or herself available to the applicant during regular business hours in order to retake the test.  SEC. 18.   Section 31650 of the   Penal Code   is amended to read:  31650. (a) The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be paid to the department pursuant to subdivision (c). (b) An applicant to renew a  handgun   firearm  safety certificate shall be required to pass the objective test. The certified instructor may charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of which is to be forwarded to the department pursuant to subdivision (c). (c) The department may charge the certified instructor up to fifteen dollars ($15) for each  handgun   firearm  safety certificate issued by that instructor to cover the department's cost in carrying out and enforcing this article, and enforcing the provisions listed in subdivision (e), as determined annually by the department. (d) All money received by the department pursuant to this article shall be deposited into the Firearms Safety and Enforcement Special Fund created pursuant to Section 28300. (e) The department shall conduct enforcement activities, including, but not limited to, law enforcement activities to ensure compliance with the following provisions: (1) Section 830.95. (2) Title 2 (commencing with Section 12001) of Part 4. (3) This part, except Sections 16965, 17235, and 21510.  SEC. 19.   Section 31655 of the   Penal Code  is amended to read:  31655. (a) The department shall develop  handgun   firearm  safety certificates to be issued by instructors certified by the  department,   department  to those persons who have complied with this article. (b) A  handgun   firearm  safety certificate shall include, but not be limited to, the following information: (1) A unique  handgun   firearm  safety certificate identification number. (2) The holder's full name. (3) The holder's date of birth. (4) The holder's driver's license or identification number. (5) The holder's signature. (6) The signature of the issuing instructor. (7) The date of issuance. (c) The  handgun   firearm  safety certificate shall expire five years after the date that it was issued by the certified instructor.  SEC. 20.   Section 31660 of the   Penal Code   is amended to read:  31660. (a) In the case of loss or destruction of a handgun   firearm  safety certificate, the issuing instructor shall issue a duplicate certificate upon request and proof of identification to the certificate holder. (b) The department may authorize the issuing instructor to charge a fee not to exceed fifteen dollars ($15), for a duplicate certificate. Revenues from this fee shall be deposited in the Firearms Safety and Enforcement Special Fund, created pursuant to Section 28300.  SEC. 21.   Section   31700 of the   Penal Code   is amended to read:  31700. (a) The following persons, properly identified, are exempted from the  handgun   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  handgun   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  handgun   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, 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  handgun   firearm  by operation of law in a representative capacity, until or unless they transfer title ownership of the  handgun   firearm  to themselves in a personal capacity, are exempted from the  handgun   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, 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.  SEC. 22.   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.   SECTION 1.   Section 26525 of the Penal Code is amended to read: 26525. (a) Section 26500 does not apply to the sale, lease, or transfer of used firearms, other than handguns, at gun shows or events, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2, by a person other than a licensee or dealer, provided the person has a valid federal firearms license and a current certificate of eligibility issued by the Department of Justice, as specified in Section 26710, and provided all the sales, leases, or transfers fully comply with Section 27545. However, the person shall not sell, lease, or transfer used firearms other than handguns at more than 12 gun shows or events in any calendar year and shall not sell, lease, or transfer more than 15 used firearms other than handguns at any single gun show or event. In no event shall the person sell more than 75 used firearms other than handguns in any calendar year. (b) The Department of Justice shall adopt regulations to administer this program and shall recover the full costs of administration from fees assessed applicants.