California 2023 2023-2024 Regular Session

California Assembly Bill AB355 Amended / Bill

Filed 06/19/2023

                    Amended IN  Senate  June 19, 2023 Amended IN  Assembly  March 08, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 355Introduced by Assembly Member AlanisJanuary 31, 2023An act to add Section 30631 to the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 355, as amended, Alanis. Firearms: assault weapons: exception for peace officer training.Existing law requires the loan of a firearm to be processed through a licensed firearm dealer. Existing law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.Existing law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Existing law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified.Existing law prohibits the sale, transfer, or possession of an assault weapon, as specified. Existing law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified.This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. The bill would also prohibit the loaned assault weapon from leaving the training facility and would require the enrollee to be currently employed by a law enforcement agency, as specified.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 30631 is added to the Penal Code, to read:30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.

 Amended IN  Senate  June 19, 2023 Amended IN  Assembly  March 08, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 355Introduced by Assembly Member AlanisJanuary 31, 2023An act to add Section 30631 to the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 355, as amended, Alanis. Firearms: assault weapons: exception for peace officer training.Existing law requires the loan of a firearm to be processed through a licensed firearm dealer. Existing law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.Existing law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Existing law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified.Existing law prohibits the sale, transfer, or possession of an assault weapon, as specified. Existing law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified.This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. The bill would also prohibit the loaned assault weapon from leaving the training facility and would require the enrollee to be currently employed by a law enforcement agency, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  June 19, 2023 Amended IN  Assembly  March 08, 2023

Amended IN  Senate  June 19, 2023
Amended IN  Assembly  March 08, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 355

Introduced by Assembly Member AlanisJanuary 31, 2023

Introduced by Assembly Member Alanis
January 31, 2023

An act to add Section 30631 to the Penal Code, relating to firearms. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 355, as amended, Alanis. Firearms: assault weapons: exception for peace officer training.

Existing law requires the loan of a firearm to be processed through a licensed firearm dealer. Existing law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.Existing law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Existing law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified.Existing law prohibits the sale, transfer, or possession of an assault weapon, as specified. Existing law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified.This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. The bill would also prohibit the loaned assault weapon from leaving the training facility and would require the enrollee to be currently employed by a law enforcement agency, as specified.

Existing law requires the loan of a firearm to be processed through a licensed firearm dealer. Existing law exempts from this requirement the loan of a firearm to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course.

Existing law prohibits the sale, transfer, or possession of a large-capacity magazine, as defined. Existing law exempts from this prohibition the sale or transfer to, or the possession by, a peace officer or retired peace officer, as specified, or to or by a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course, as specified.

Existing law prohibits the sale, transfer, or possession of an assault weapon, as specified. Existing law exempts from this prohibition the sale or transfer of an assault weapon to, or the possession of an assault weapon by, a peace officer, as specified.

This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. The bill would also prohibit the loaned assault weapon from leaving the training facility and would require the enrollee to be currently employed by a law enforcement agency, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 30631 is added to the Penal Code, to read:30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 30631 is added to the Penal Code, to read:30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.

SECTION 1. Section 30631 is added to the Penal Code, to read:

### SECTION 1.

30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.

30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.

30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:(a) The loaned assault weapon does not leave the training facility.(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:(1) A police department or sheriffs office.(2) A marshals office.(3) The Department of Justice.(4) The Department of the California Highway Patrol.(5) The Department of Fish and Wildlife.



30631. Sections 30600 and 30605 do not apply to the loan of an assault weapon to, nor the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training and being supervised by a firearms instructor. instructor, if the following requirements are met:

(a) The loaned assault weapon does not leave the training facility.

(b) The enrollee has met the minimum peace officer hiring standards as stated in Sections 1029, 1030, and 1031 of the Government Code prior to entry to the course and is currently employed by any of the following:

(1) A police department or sheriffs office.

(2) A marshals office.

(3) The Department of Justice.

(4) The Department of the California Highway Patrol.

(5) The Department of Fish and Wildlife.