| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 876Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Chui and Wicks)February 17, 2021 An act to amend add Section 18120 of 13660 to the Penal Code, relating to gun violence restraining orders. law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 876, as amended, Gabriel. Gun violence restraining orders. Law enforcement.Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS).This bill would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition. By requiring local law enforcement to comply with these provisions, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes a gun violence restraining order that prohibits and enjoins a named person from having in their custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. Existing law requires a person who is subject to a gun violence restraining order to surrender their firearms and ammunition immediately upon request of any law enforcement officer after being served with the restraining order.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13660 is added to the Penal Code, to read:13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in the persons custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or that the restrained person possesses or owns pursuant to this subdivision.(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered.(3)If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830.(4)The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender.(5)A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.(c)(1)Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.(2)A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.(d)If a person other than the restrained person claims title to firearms or ammunition surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(e)Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.(f)This section shall become operative on September 1, 2020. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 876Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Chui and Wicks)February 17, 2021 An act to amend add Section 18120 of 13660 to the Penal Code, relating to gun violence restraining orders. law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 876, as amended, Gabriel. Gun violence restraining orders. Law enforcement.Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS).This bill would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition. By requiring local law enforcement to comply with these provisions, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes a gun violence restraining order that prohibits and enjoins a named person from having in their custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. Existing law requires a person who is subject to a gun violence restraining order to surrender their firearms and ammunition immediately upon request of any law enforcement officer after being served with the restraining order.This bill would make a technical, nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 18, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 07, 2021 | |
| 8 | 7 | Amended IN Assembly March 18, 2021 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 876 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Gabriel(Coauthors: Assembly Members | |
| 15 | + | Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Chui and Wicks)February 17, 2021 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Gabriel(Coauthors: Assembly Members | |
| 17 | + | Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Chui and Wicks) | |
| 19 | 18 | February 17, 2021 | |
| 20 | 19 | ||
| 21 | - | An act to amend | |
| 20 | + | An act to amend add Section 18120 of 13660 to the Penal Code, relating to gun violence restraining orders. law enforcement. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 876, as amended, Gabriel. Law enforcement. | |
| 26 | + | AB 876, as amended, Gabriel. Gun violence restraining orders. Law enforcement. | |
| 28 | 27 | ||
| 29 | - | ||
| 28 | + | Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS).This bill would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition. By requiring local law enforcement to comply with these provisions, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law establishes a gun violence restraining order that prohibits and enjoins a named person from having in their custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. Existing law requires a person who is subject to a gun violence restraining order to surrender their firearms and ammunition immediately upon request of any law enforcement officer after being served with the restraining order.This bill would make a technical, nonsubstantive change to those provisions. | |
| 30 | 29 | ||
| 31 | - | Existing | |
| 32 | - | ||
| 33 | - | ||
| 34 | - | ||
| 35 | - | (1) Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS). | |
| 30 | + | Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law, beginning July 1, 2022, requires all handguns not already listed on the roster to be equipped with technology that transfers a microscopic array of characters from the handgun to the cartridge case when the handgun is fired, known as a microstamp. Existing law requires all firearms acquired by a law enforcement agency to be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS). | |
| 36 | 31 | ||
| 37 | 32 | This bill would require all handguns, with the exception of revolvers, as defined, purchased on or after July 1, 2023, that are owned, used, possessed, or otherwise carried by state, county, city, or other law enforcement officers while on duty to be microstamped within 90 days of purchase or acquisition. The bill would also require all handguns used by any state, county, city, or other law enforcement officer while on duty to be entered into AFS via CLETS within 90 days of acquisition. By requiring local law enforcement to comply with these provisions, this bill would impose a state-mandated local program. | |
| 38 | 33 | ||
| 39 | 34 | 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. | |
| 40 | 35 | ||
| 36 | + | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 41 | 37 | ||
| 42 | - | ||
| 43 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 38 | + | Existing law establishes a gun violence restraining order that prohibits and enjoins a named person from having in their custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. Existing law requires a person who is subject to a gun violence restraining order to surrender their firearms and ammunition immediately upon request of any law enforcement officer after being served with the restraining order. | |
| 44 | 39 | ||
| 45 | 40 | ||
| 46 | 41 | ||
| 47 | - | ||
| 42 | + | This bill would make a technical, nonsubstantive change to those provisions. | |
| 48 | 43 | ||
| 49 | - | Existing law, commencing July 1, 2022, requires that a handgun, to be included on the roster, be designed and equipped with microscopic characters used to identify the pistol, imprinted on the interior of the pistol and transferred to each cartridge case when the firearm is fired. | |
| 50 | 44 | ||
| 51 | - | This bill would, until July 1, 2022, reinstate a previous requirement that those microscopic characters be imprinted in 2 or more places on the interior of the pistol, provided that the department certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions. | |
| 52 | - | ||
| 53 | - | Existing law, commencing July 1, 2022, also precludes from inclusion on the list a firearm that is not already on the list if it does not have a chamber load indicator or magazine disconnect mechanism, as specified. | |
| 54 | - | ||
| 55 | - | This bill would preclude a firearm from the list if it doesnt have a chamber load indicator or magazine disconnect mechanism and wasnt on the roster as of 2006. | |
| 56 | - | ||
| 57 | - | The bill would make other nonsubstantive conforming changes. | |
| 58 | - | ||
| 59 | - | By expanding the number of firearms the sale or manufacture of which would be a crime, this bill would impose a state-mandated local program. | |
| 60 | - | ||
| 61 | - | 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. | |
| 62 | - | ||
| 63 | - | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 64 | - | ||
| 65 | - | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 66 | 45 | ||
| 67 | 46 | ## Digest Key | |
| 68 | 47 | ||
| 69 | 48 | ## Bill Text | |
| 70 | 49 | ||
| 71 | - | The people of the State of California do enact as follows:SECTION 1. Section 13660 is added to the Penal Code, to read:13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. SEC. 2. Section | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 13660 is added to the Penal Code, to read:13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 18120 of the Penal Code is amended to read:18120.(a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in the persons custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.(b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or that the restrained person possesses or owns pursuant to this subdivision.(2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered.(3)If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830.(4)The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender.(5)A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:(A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.(B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.(c)(1)Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.(2)A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.(d)If a person other than the restrained person claims title to firearms or ammunition surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(e)Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.(f)This section shall become operative on September 1, 2020. | |
| 72 | 51 | ||
| 73 | 52 | The people of the State of California do enact as follows: | |
| 74 | 53 | ||
| 75 | 54 | ## The people of the State of California do enact as follows: | |
| 76 | 55 | ||
| 77 | 56 | SECTION 1. Section 13660 is added to the Penal Code, to read:13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. | |
| 78 | 57 | ||
| 79 | 58 | SECTION 1. Section 13660 is added to the Penal Code, to read: | |
| 80 | 59 | ||
| 81 | 60 | ### SECTION 1. | |
| 82 | 61 | ||
| 83 | 62 | 13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. | |
| 84 | 63 | ||
| 85 | 64 | 13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. | |
| 86 | 65 | ||
| 87 | 66 | 13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired.(b) (1) This section applies to all of the following:(A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency.(B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty.(2) This section does not apply to a handgun that is a revolver.(c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. | |
| 88 | 67 | ||
| 89 | 68 | ||
| 90 | 69 | ||
| 91 | 70 | 13660. (a) All handguns purchased or acquired on or after July 1, 2023, which are described in subdivision (b), shall, within 90 days of purchase or acquisition, be equipped with a microscopic array of characters used to identify the make, model, and serial number of the handgun, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the handgun, and that are transferred by imprinting on each cartridge case when the firearm is fired. | |
| 92 | 71 | ||
| 93 | 72 | (b) (1) This section applies to all of the following: | |
| 94 | 73 | ||
| 95 | 74 | (A) Any handgun owned by any state, county, city, city and county, or other law enforcement agency. | |
| 96 | 75 | ||
| 97 | 76 | (B) Any handgun used, possessed, or otherwise carried by a state, county, city, city and county, or other peace officer while on duty. | |
| 98 | 77 | ||
| 99 | 78 | (2) This section does not apply to a handgun that is a revolver. | |
| 100 | 79 | ||
| 101 | 80 | (c) All handguns described in subparagraph (B) of paragraph (1) of subdivision (b) shall, within 90 days of acquisition, be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the state, county, city, city and county, or other law enforcement agency. Any law enforcement agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. | |
| 102 | 81 | ||
| 103 | - | SEC. 2. Section | |
| 82 | + | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 104 | 83 | ||
| 105 | - | SEC. 2. Section 31910 of the Penal Code is amended to read: | |
| 84 | + | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 85 | + | ||
| 86 | + | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 106 | 87 | ||
| 107 | 88 | ### SEC. 2. | |
| 108 | 89 | ||
| 109 | - | 31910. As used in this part, unsafe handgun means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:(a) For a revolver:(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(b) For a pistol:(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(4) Commencing July 1, 2022, for For all centerfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.(5) Commencing July 1, 2022, for For all centerfire or rimfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.(6) Commencing January 1, 2010, until July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions.(6)(7) (A) Commencing July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired.(B) The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph.(C) The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturers number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920.(7)(8) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in paragraphs (4), (5), and (6) of subdivision (b) (7) and added to the roster before July 1, 2022. Notwithstanding those paragraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those paragraphs. | |
| 110 | - | ||
| 111 | - | 31910. As used in this part, unsafe handgun means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:(a) For a revolver:(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(b) For a pistol:(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(4) Commencing July 1, 2022, for For all centerfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.(5) Commencing July 1, 2022, for For all centerfire or rimfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.(6) Commencing January 1, 2010, until July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions.(6)(7) (A) Commencing July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired.(B) The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph.(C) The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturers number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920.(7)(8) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in paragraphs (4), (5), and (6) of subdivision (b) (7) and added to the roster before July 1, 2022. Notwithstanding those paragraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those paragraphs. | |
| 112 | - | ||
| 113 | - | 31910. As used in this part, unsafe handgun means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:(a) For a revolver:(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(b) For a pistol:(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.(2) It does not meet the firing requirement for handguns.(3) It does not meet the drop safety requirement for handguns.(4) Commencing July 1, 2022, for For all centerfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.(5) Commencing July 1, 2022, for For all centerfire or rimfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.(6) Commencing January 1, 2010, until July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions.(6)(7) (A) Commencing July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired.(B) The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph.(C) The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturers number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920.(7)(8) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in paragraphs (4), (5), and (6) of subdivision (b) (7) and added to the roster before July 1, 2022. Notwithstanding those paragraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those paragraphs. | |
| 114 | 90 | ||
| 115 | 91 | ||
| 116 | 92 | ||
| 117 | - | 31910. As used in this part, unsafe handgun means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true: | |
| 118 | 93 | ||
| 119 | - | (a) For a revolver: | |
| 120 | - | ||
| 121 | - | (1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge. | |
| 122 | - | ||
| 123 | - | (2) It does not meet the firing requirement for handguns. | |
| 124 | - | ||
| 125 | - | (3) It does not meet the drop safety requirement for handguns. | |
| 126 | - | ||
| 127 | - | (b) For a pistol: | |
| 128 | - | ||
| 129 | - | (1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. | |
| 130 | - | ||
| 131 | - | (2) It does not meet the firing requirement for handguns. | |
| 132 | - | ||
| 133 | - | (3) It does not meet the drop safety requirement for handguns. | |
| 134 | - | ||
| 135 | - | (4) Commencing July 1, 2022, for For all centerfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator. | |
| 136 | - | ||
| 137 | - | (5) Commencing July 1, 2022, for For all centerfire or rimfire semiautomatic pistols that are not not, as of January 1, 2006, already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine. | |
| 138 | - | ||
| 139 | - | (6) Commencing January 1, 2010, until July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions. | |
| 140 | - | ||
| 141 | - | (6) | |
| 94 | + | (a)A person subject to a gun violence restraining order issued pursuant to this division shall not have in the persons custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect. | |
| 142 | 95 | ||
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | (7) (A) Commencing July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in one or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired. | |
| 146 | - | ||
| 147 | - | (B) The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph. | |
| 148 | - | ||
| 149 | - | (C) The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturers number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 23900 and 23920. | |
| 150 | - | ||
| 151 | - | (7) | |
| 98 | + | (b)(1)Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained persons custody or control, or that the restrained person possesses or owns pursuant to this subdivision. | |
| 152 | 99 | ||
| 153 | 100 | ||
| 154 | 101 | ||
| 155 | - | (8) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in paragraphs (4), (5), and (6) of subdivision (b) (7) and added to the roster before July 1, 2022. Notwithstanding those paragraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those paragraphs. | |
| 156 | - | ||
| 157 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 158 | - | ||
| 159 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 160 | - | ||
| 161 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution. | |
| 162 | - | ||
| 163 | - | ### SEC. 3. | |
| 164 | - | ||
| 165 | - | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 102 | + | (2)The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered. | |
| 166 | 103 | ||
| 167 | 104 | ||
| 168 | 105 | ||
| 169 | - | If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 106 | + | (3)If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830. | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (4)The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (5)A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following: | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (A)File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (B)File a copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (c)(1)Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the restrained person. Upon expiration of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (2)A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (d)If a person other than the restrained person claims title to firearms or ammunition surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (e)Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (f)This section shall become operative on September 1, 2020. |