| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1195Introduced by Assembly Member MelendezFebruary 17, 2017 An act to amend Section 26815 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 1195, as introduced, Melendez. Firearms.Existing law regulates the transfer of firearms by firearms dealers. Existing law requires the firearms dealer to submit information to the Department of Justice for purposes of a background check for purchasers of firearms. Existing law provides that whenever a dealer is notified by the department that a person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm, the dealer shall make available to the person a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.This bill would make technical, nonsubstantive changes to those notice provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26815 of the Penal Code is amended to read:26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1195Introduced by Assembly Member MelendezFebruary 17, 2017 An act to amend Section 26815 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 1195, as introduced, Melendez. Firearms.Existing law regulates the transfer of firearms by firearms dealers. Existing law requires the firearms dealer to submit information to the Department of Justice for purposes of a background check for purchasers of firearms. Existing law provides that whenever a dealer is notified by the department that a person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm, the dealer shall make available to the person a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.This bill would make technical, nonsubstantive changes to those notice provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill No. 1195 |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by Assembly Member MelendezFebruary 17, 2017 |
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| 15 | 15 | | Introduced by Assembly Member Melendez |
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| 16 | 16 | | February 17, 2017 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 26815 of the Penal Code, relating to firearms. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | AB 1195, as introduced, Melendez. Firearms. |
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| 26 | 26 | | Existing law regulates the transfer of firearms by firearms dealers. Existing law requires the firearms dealer to submit information to the Department of Justice for purposes of a background check for purchasers of firearms. Existing law provides that whenever a dealer is notified by the department that a person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm, the dealer shall make available to the person a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.This bill would make technical, nonsubstantive changes to those notice provisions. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law regulates the transfer of firearms by firearms dealers. Existing law requires the firearms dealer to submit information to the Department of Justice for purposes of a background check for purchasers of firearms. Existing law provides that whenever a dealer is notified by the department that a person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm, the dealer shall make available to the person a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 30 | 30 | | This bill would make technical, nonsubstantive changes to those notice provisions. |
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| 31 | 31 | | |
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| 32 | 32 | | ## Digest Key |
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| 33 | 33 | | |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 26815 of the Penal Code is amended to read:26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 26815 of the Penal Code is amended to read:26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 44 | 44 | | SECTION 1. Section 26815 of the Penal Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 50 | 50 | | 26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 52 | 52 | | 26815. No A firearm shall not be delivered:(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 persons 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 processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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| 56 | 56 | | 26815. No A firearm shall not be delivered: |
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| 58 | 58 | | (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. |
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| 60 | 60 | | (b) Unless unloaded and securely wrapped or unloaded and in a locked container. |
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| 62 | 62 | | (c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the persons identity and age to the dealer. |
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| 64 | 64 | | (d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition. |
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