| 1 | | - | Senate Bill No. 1019 CHAPTER 547An act to amend Sections 18005 and 34000 of the Penal Code, relating to firearms. [ Approved by Governor September 24, 2024. Filed with Secretary of State September 24, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1019, Blakespear. Firearms: destruction.Existing law requires the destruction of certain firearms, in the possession of a law enforcement agency, that have been confiscated, seized, abandoned, unclaimed, or surrendered.This bill would specify that destruction of a firearm means destroying the firearm in its entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. The bill would also require every law enforcement agency, as defined, to develop and maintain a written policy regarding the destruction of firearms and shall make that policy available on its internet website. The bill would exempt from the requirements to destroy a weapon pursuant to the bills provisions law enforcement agencies that have existing contracts prior to November 1, 2024, with another person or entity for the destruction of firearms if the law enforcement agency would have to breach its existing contract with the other person or entity.By requiring local law enforcement agencies to follow specified requirements for destruction and to create and maintain a written policy on firearm destruction, this bill would impose a state-mandated local program. Existing law requires certain officers who possess firearms that were exhibits in a criminal proceeding that were left unclaimed for at least 180 days to destroy the firearm, as specified.This bill would exempt firearms that were stolen or used without the prior knowledge of their lawful owner and that are possessed by a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate.This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by AB 2739 and AB 2842 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.3. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.5. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 2. Section 34000 of the Penal Code is amended to read:34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law.SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.(b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative.(c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.SEC. 4. 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. |
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| 1 | + | Enrolled September 04, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 22, 2024 Amended IN Assembly August 19, 2024 Amended IN Senate March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1019Introduced by Senator Blakespear(Principal coauthors: Assembly Members Mike Fong and Petrie-Norris)February 06, 2024An act to amend Sections 18005 and 34000 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTSB 1019, Blakespear. Firearms: destruction.Existing law requires the destruction of certain firearms, in the possession of a law enforcement agency, that have been confiscated, seized, abandoned, unclaimed, or surrendered.This bill would specify that destruction of a firearm means destroying the firearm in its entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. The bill would also require every law enforcement agency, as defined, to develop and maintain a written policy regarding the destruction of firearms and shall make that policy available on its internet website. The bill would exempt from the requirements to destroy a weapon pursuant to the bills provisions law enforcement agencies that have existing contracts prior to November 1, 2024, with another person or entity for the destruction of firearms if the law enforcement agency would have to breach its existing contract with the other person or entity.By requiring local law enforcement agencies to follow specified requirements for destruction and to create and maintain a written policy on firearm destruction, this bill would impose a state-mandated local program. Existing law requires certain officers who possess firearms that were exhibits in a criminal proceeding that were left unclaimed for at least 180 days to destroy the firearm, as specified.This bill would exempt firearms that were stolen or used without the prior knowledge of their lawful owner and that are possessed by a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate.This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by AB 2739 and AB 2842 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.3. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.5. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 2. Section 34000 of the Penal Code is amended to read:34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law.SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.(b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative.(c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.SEC. 4. 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. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | SB 1019, Blakespear. Firearms: destruction. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law requires the destruction of certain firearms, in the possession of a law enforcement agency, that have been confiscated, seized, abandoned, unclaimed, or surrendered.This bill would specify that destruction of a firearm means destroying the firearm in its entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. The bill would also require every law enforcement agency, as defined, to develop and maintain a written policy regarding the destruction of firearms and shall make that policy available on its internet website. The bill would exempt from the requirements to destroy a weapon pursuant to the bills provisions law enforcement agencies that have existing contracts prior to November 1, 2024, with another person or entity for the destruction of firearms if the law enforcement agency would have to breach its existing contract with the other person or entity.By requiring local law enforcement agencies to follow specified requirements for destruction and to create and maintain a written policy on firearm destruction, this bill would impose a state-mandated local program. Existing law requires certain officers who possess firearms that were exhibits in a criminal proceeding that were left unclaimed for at least 180 days to destroy the firearm, as specified.This bill would exempt firearms that were stolen or used without the prior knowledge of their lawful owner and that are possessed by a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate.This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by AB 2739 and AB 2842 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law requires the destruction of certain firearms, in the possession of a law enforcement agency, that have been confiscated, seized, abandoned, unclaimed, or surrendered. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would specify that destruction of a firearm means destroying the firearm in its entirety by smelting, shredding, crushing, or cutting all parts of the firearm, including any attachments. The bill would also require every law enforcement agency, as defined, to develop and maintain a written policy regarding the destruction of firearms and shall make that policy available on its internet website. The bill would exempt from the requirements to destroy a weapon pursuant to the bills provisions law enforcement agencies that have existing contracts prior to November 1, 2024, with another person or entity for the destruction of firearms if the law enforcement agency would have to breach its existing contract with the other person or entity. |
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| 26 | 38 | | |
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| 27 | 39 | | By requiring local law enforcement agencies to follow specified requirements for destruction and to create and maintain a written policy on firearm destruction, this bill would impose a state-mandated local program. |
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| 28 | 40 | | |
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| 29 | 41 | | Existing law requires certain officers who possess firearms that were exhibits in a criminal proceeding that were left unclaimed for at least 180 days to destroy the firearm, as specified. |
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| 30 | 42 | | |
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| 31 | 43 | | This bill would exempt firearms that were stolen or used without the prior knowledge of their lawful owner and that are possessed by a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate. |
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| 32 | 44 | | |
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| 33 | 45 | | This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by AB 2739 and AB 2842 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. |
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| 34 | 46 | | |
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| 35 | 47 | | 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. |
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| 36 | 48 | | |
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| 37 | 49 | | 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. |
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| 38 | 50 | | |
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| 39 | 51 | | ## Digest Key |
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| 40 | 52 | | |
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| 41 | 53 | | ## Bill Text |
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| 42 | 54 | | |
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| 43 | 55 | | The people of the State of California do enact as follows:SECTION 1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.3. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 1.5. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity.SEC. 2. Section 34000 of the Penal Code is amended to read:34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law.SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.(b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative.(c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.SEC. 4. 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. |
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| 44 | 56 | | |
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| 45 | 57 | | The people of the State of California do enact as follows: |
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| 46 | 58 | | |
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| 47 | 59 | | ## The people of the State of California do enact as follows: |
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| 48 | 60 | | |
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| 49 | 61 | | SECTION 1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity. |
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| 50 | 62 | | |
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| 51 | 63 | | SECTION 1. Section 18005 of the Penal Code is amended to read: |
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| 52 | 64 | | |
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| 53 | 65 | | ### SECTION 1. |
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| 54 | 66 | | |
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| 55 | 67 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity. |
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| 56 | 68 | | |
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| 57 | 69 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity. |
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| 58 | 70 | | |
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| 59 | 71 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity. |
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| 60 | 72 | | |
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| 61 | 73 | | |
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| 62 | 74 | | |
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| 63 | 75 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court. |
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| 64 | 76 | | |
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| 65 | 77 | | (b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. |
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| 66 | 78 | | |
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| 67 | 79 | | (c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained. |
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| 68 | 80 | | |
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| 69 | 81 | | (d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2. |
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| 70 | 82 | | |
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| 71 | 83 | | (e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU. |
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| 72 | 84 | | |
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| 73 | 85 | | (2) Every law enforcement agency shall post the policy required by this subdivision on its internet website. |
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| 74 | 86 | | |
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| 75 | 87 | | (f) As used in this section, the following terms are defined as follows: |
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| 76 | 88 | | |
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| 77 | 89 | | (1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable. |
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| 78 | 90 | | |
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| 79 | 91 | | (2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830. |
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| 80 | 92 | | |
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| 81 | 93 | | (g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the amendments made to this section by the act that added this subdivision if those amendments would require the law enforcement agency to breach its contract with the other person or entity. |
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| 82 | 94 | | |
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| 83 | 95 | | SEC. 1.1. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 84 | 96 | | |
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| 85 | 97 | | SEC. 1.1. Section 18005 of the Penal Code is amended to read: |
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| 86 | 98 | | |
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| 87 | 99 | | ### SEC. 1.1. |
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| 88 | 100 | | |
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| 89 | 101 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 90 | 102 | | |
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| 91 | 103 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 92 | 104 | | |
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| 93 | 105 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 94 | 106 | | |
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| 95 | 107 | | |
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| 96 | 108 | | |
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| 97 | 109 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court. |
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| 98 | 110 | | |
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| 99 | 111 | | (b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. |
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| 100 | 112 | | |
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| 101 | 113 | | (c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained. |
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| 102 | 114 | | |
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| 103 | 115 | | (d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2. |
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| 104 | 116 | | |
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| 105 | 117 | | (e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU. |
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| 106 | 118 | | |
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| 107 | 119 | | (2) Every law enforcement agency shall post the policy required by this subdivision on its internet website. |
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| 108 | 120 | | |
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| 109 | 121 | | (f) As used in this section, the following terms are defined as follows: |
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| 110 | 122 | | |
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| 111 | 123 | | (1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable. |
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| 112 | 124 | | |
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| 113 | 125 | | (2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830. |
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| 114 | 126 | | |
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| 115 | 127 | | (g) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 116 | 128 | | |
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| 117 | 129 | | SEC. 1.3. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 118 | 130 | | |
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| 119 | 131 | | SEC. 1.3. Section 18005 of the Penal Code is amended to read: |
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| 120 | 132 | | |
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| 121 | 133 | | ### SEC. 1.3. |
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| 122 | 134 | | |
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| 123 | 135 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 124 | 136 | | |
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| 125 | 137 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 126 | 138 | | |
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| 127 | 139 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 128 | 140 | | |
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| 129 | 141 | | |
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| 130 | 142 | | |
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| 131 | 143 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court. |
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| 132 | 144 | | |
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| 133 | 145 | | (b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. |
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| 134 | 146 | | |
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| 135 | 147 | | (c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained. |
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| 136 | 148 | | |
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| 137 | 149 | | (d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2. |
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| 138 | 150 | | |
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| 139 | 151 | | (e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU. |
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| 140 | 152 | | |
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| 141 | 153 | | (2) Every law enforcement agency shall post the policy required by this subdivision on its internet website. |
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| 142 | 154 | | |
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| 143 | 155 | | (f) As used in this section, the following terms are defined as follows: |
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| 144 | 156 | | |
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| 145 | 157 | | (1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable. |
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| 146 | 158 | | |
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| 147 | 159 | | (2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830. |
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| 148 | 160 | | |
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| 149 | 161 | | (g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof. |
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| 150 | 162 | | |
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| 151 | 163 | | (2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon. |
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| 152 | 164 | | |
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| 153 | 165 | | (h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 154 | 166 | | |
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| 155 | 167 | | SEC. 1.5. Section 18005 of the Penal Code is amended to read:18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 156 | 168 | | |
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| 157 | 169 | | SEC. 1.5. Section 18005 of the Penal Code is amended to read: |
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| 158 | 170 | | |
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| 159 | 171 | | ### SEC. 1.5. |
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| 160 | 172 | | |
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| 161 | 173 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 162 | 174 | | |
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| 163 | 175 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 164 | 176 | | |
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| 165 | 177 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.(b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained.(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.(e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU.(2) Every law enforcement agency shall post the policy required by this subdivision on its internet website.(f) As used in this section, the following terms are defined as follows:(1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable.(2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830.(g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof.(2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon.(h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 166 | 178 | | |
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| 167 | 179 | | |
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| 168 | 180 | | |
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| 169 | 181 | | 18005. (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court. |
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| 170 | 182 | | |
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| 171 | 183 | | (b) If any weapon has been stolen and is thereafter recovered from the thief or the thiefs transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owners identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. |
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| 172 | 184 | | |
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| 173 | 185 | | (c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owners identity and address can be reasonably ascertained. |
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| 174 | 186 | | |
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| 175 | 187 | | (d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2. |
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| 176 | 188 | | |
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| 177 | 189 | | (e) (1) Every law enforcement agency shall develop and maintain a written policy on the destruction of firearms and other weapons including, without limitation, policies for identifying firearms and other weapons that are required to be destroyed, keeping records of those firearms and other weapons, including entry into the Automated Firearms System, as applicable, and the destruction and disposal of those firearms and other weapons. A law enforcement agency that either contracts with, or operates under, a memorandum of understanding (MOU) with another agency for the storage or destruction of weapons or other firearms shall have a policy identifying the other agency and outlining the responsibilities of both agencies under the contract or MOU. |
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| 178 | 190 | | |
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| 179 | 191 | | (2) Every law enforcement agency shall post the policy required by this subdivision on its internet website. |
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| 180 | 192 | | |
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| 181 | 193 | | (f) As used in this section, the following terms are defined as follows: |
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| 182 | 194 | | |
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| 183 | 195 | | (1) Destroy means to destroy a firearm or other weapon in its entirety by smelting, shredding, crushing, or cutting and shall include all parts including, without limitation, the frame or receiver, barrel, bolt, and grip of a firearm, as applicable, and any attachments including, but not limited to, a sight, scope, silencer, or suppressor, as applicable. |
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| 184 | 196 | | |
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| 185 | 197 | | (2) Law enforcement agency means any police department, sheriffs department, or other department or agency of the state, or any political subdivision thereof, that employs any peace officer as described in Section 830. |
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| 186 | 198 | | |
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| 187 | 199 | | (g) (1) If a law enforcement agency contracts with a third party for the destruction of firearms or other weapons pursuant to this section or any other related law, the agency shall ensure that any such contract explicitly prohibits the sale of any firearm or weapon, or any part or attachment thereof. |
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| 188 | 200 | | |
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| 189 | 201 | | (2) This subdivision is not intended to prohibit the recycling, or sale for the purpose of recycling, of any scrap metal or other material resulting from the destruction of a firearm or other weapon. |
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| 190 | 202 | | |
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| 191 | 203 | | (h) A law enforcement agency that had an existing contract with another person or entity for the destruction of firearms or other weapons prior to November 1, 2024, is not required to destroy a weapon pursuant to the requirements of subdivision (e) or (f) if any of those requirements would require the law enforcement agency to breach its contract with the other person or entity. |
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| 192 | 204 | | |
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| 193 | 205 | | SEC. 2. Section 34000 of the Penal Code is amended to read:34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. |
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| 194 | 206 | | |
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| 195 | 207 | | SEC. 2. Section 34000 of the Penal Code is amended to read: |
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| 196 | 208 | | |
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| 197 | 209 | | ### SEC. 2. |
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| 198 | 210 | | |
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| 199 | 211 | | 34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. |
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| 200 | 212 | | |
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| 201 | 213 | | 34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. |
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| 202 | 214 | | |
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| 203 | 215 | | 34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005.(b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code.(c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. |
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| 204 | 216 | | |
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| 205 | 217 | | |
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| 206 | 218 | | |
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| 207 | 219 | | 34000. (a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be destroyed as provided for in Sections 18000 and 18005. |
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| 208 | 220 | | |
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| 209 | 221 | | (b) This section does not apply to any firearm in the possession of the Department of Fish and Wildlife, or which was used in the violation of any provision in the Fish and Game Code, or any regulation under that code. |
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| 210 | 222 | | |
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| 211 | 223 | | (c) This section does not apply to a firearm described in subdivision (b) of Section 18005 in the possession of a public administrator, public guardian, or public conservator in the performance of their duties as the personal representative of a decedents estate, or in the performance of the duties of a conservator or guardian over a person or their estate, in order to fulfill their obligations under state law. |
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| 212 | 224 | | |
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| 213 | 225 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.(b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative.(c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. |
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| 214 | 226 | | |
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| 215 | 227 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.(b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative.(c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. |
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| 216 | 228 | | |
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| 217 | 229 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2739. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2842 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2739, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative. |
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| 218 | 230 | | |
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| 219 | 231 | | ### SEC. 3. |
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| 220 | 232 | | |
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| 221 | 233 | | (b) Section 1.3 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by both this bill and Assembly Bill 2842. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 18005 of the Penal Code, (3) Assembly Bill 2739 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2842 in which case Sections 1, 1.1, and 1.5 of this bill shall not become operative. |
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| 222 | 234 | | |
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| 223 | 235 | | (c) Section 1.5 of this bill incorporates amendments to Section 18005 of the Penal Code proposed by this bill, Assembly Bill 2739, and Assembly Bill 2842. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 18005 of the Penal Code, and (3) this bill is enacted after Assembly Bill 2739 and Assembly Bill 2842, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. |
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| 224 | 236 | | |
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| 225 | 237 | | SEC. 4. 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. |
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| 226 | 238 | | |
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| 227 | 239 | | SEC. 4. 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. |
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| 228 | 240 | | |
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| 229 | 241 | | SEC. 4. 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. |
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| 230 | 242 | | |
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| 231 | 243 | | ### SEC. 4. |
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