BILL NUMBER: AB 754 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 18, 2005
An act to amend Section 21641 of the Business and Professions
Code, to amend Section 12101 of the Health and Safety Code, to amend
Sections 171b, 11106, 12001, 12035, 12036, 12070, 12072, 12076,
12078, 12082, 12084, and 12086 of, to amend, renumber, and add
Sections 12071.1 and 12071.4 of, to add Sections 12071.2, 12071.3,
12071.5, 12071.6, and 12071.7 to, and to repeal and add [replace] Sections
12071 and 12083 of, the Penal Code, relating to firearms.
Voluminous text for which no change is proposed is deleted herein
for simplification. Additions are shown in bold italics so as to stand out.
Material in blue italics is comment. Linkages & comments by J. Phillips.
LEGISLATIVE COUNSEL'S DIGEST
AB 754, as introduced, Jones. Firearms.
Existing law generally regulates the licensing and conduct of
firearms dealers.
This bill would reorganize those provisions.
Existing law establishes a centralized list of firearms dealers
who are licensed by local [ and state and fedl] governments, as specified.
Existing law provides that certain information from that list may be used for
specified purposes.
This bill would [in new 12071.7] revise those provisions relating to the
purposes for which the information may be made available, and to allow certain
information to be accessible via the Internet to the public.
Existing law [12072f(1)(B)] requires persons
provides [sic] hold a federal firearms
license to either obtain a verification number from the Department of
Justice when delivering, transferring, or selling a firearm to
another federal firearms licensee, or show proof of exemption from
local [and state and fedl] licensing requirements. Violation of
these provisions is a misdemeanor.
This bill would revise those provisions by removing the option of
showing proof of exemption from local [and other, per 12071] licensing and require the
transferors to obtain a verification number. The department would
then determine if an exemption applies, as specified. The bill would
expand the use of the verification number by the department for
certain purposes. Violation of these provisions would be a
misdemeanor.
By changing the definition of an existing crime, this bill would
impose a state-mandated local program.
Existing law requires a person who as a dealer, importer,
manufacturer, or collector of firearms holds a federal firearms
license, and whose licensed premises are within the state, to provide
a copy of the license to the Department of Justice, as specified. A
violation of these provisions is an infraction.
This bill would repeal those provisions and instead provide for a
centralized list of federal firearms licensees who are exempt from
obtaining a firearms dealer license pursuant to state law. Among
other things required of the licensees to be on the centralized
exempted federal firearms licensee list, the licensees would have to
provide the basis for their exemption to the department under penalty
of perjury.
By expanding the scope of an existing crime, perjury, this bill
would impose a state-mandated local program.
The bill would authorize the department to assess an annual fee
upon those licensees for purposes of maintaining the list and for
other enforcement and compliance costs. The bill would provide that
those licensees may not import or receive firearms unless they are
listed on the centralized list of exempted federal firearms licensees
or exempted firearms manufacturers.
A violation of that requirement would be a misdemeanor.
The bill would require certain records be kept for specified
periods of time by the exempted federal licensees.
A violation of those provisions would be a misdemeanor.
By creating new crimes, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21641 of the Business and Professions Code
[re. secondhand dealers] is amended to read:
21641. (a) The chief of police, the sheriff or, where
appropriate, the police commission, shall accept an application for
and grant a license permitting the licensee to engage in the business
of secondhand dealer, as defined in Section 21626, to an applicant
. . . .
(d) Any person licensed as a firearms dealer pursuant to Section
12071 of the Penal Code, who is conducting business at gun shows or
events pursuant to subparagraph (B) of paragraph (1) of
subdivision (b) of Section 12071 Section
12071.1 of the Penal Code, and who has a valid secondhand
dealer license granted by the appropriate local authorities in the
jurisdiction where the firearms dealer license has been granted,
shall be authorized to conduct business as a secondhand dealer at any
gun show or event, as defined in Section 478.100 of Title 27 of the
Code of Federal Regulations, or its successor, without regard to the
jurisdiction within this state that issued the secondhand dealer
license pursuant to subdivision (a) of this section. No additional
fees or separate secondhand dealer license shall be required by any
agency having jurisdiction over the locality where the gun show or
event is conducted. However, the person shall otherwise be subject
to, and comply with, the requirements of this article when he or she
acts as a secondhand dealer at the gun show or event to the same
extent as if he or she were licensed as a secondhand dealer in the
jurisdiction in which the gun show or event is being conducted.
SEC. 2. Section 12101 of the Health and Safety Code is amended
to read:
12101. (a) No person shall do any one of the following [re. explosives] without
first having made application for and received a permit in accordance
with this section:
. . . . .
(j) (1) A permit shall not be issued to a person who meets any of
the following criteria:
(A) He or she has been convicted of a felony.
(B) He or she is addicted to a narcotic drug.
(C) He or she is in a class prohibited by Section 8100 or 8103 of
the Welfare and Institutions Code or Section 12021 or 12021.1 of the
Penal Code.
(2) For purposes of determining whether a person meets any of the
criteria set forth in this subdivision, the issuing authority shall
obtain two sets of fingerprints on prescribed cards from all persons
applying for a permit under this section and shall submit these cards
to the Department of Justice. The Department of Justice shall
utilize the fingerprint cards to make inquiries both within this
state and to the Federal Bureau of Investigation regarding the
criminal history of the applicant identified on the fingerprint card.
This paragraph [(2)] does not apply to any person possessing a current
certificate of eligibility issued pursuant to paragraph (4)
of subdivision (a) of Section 12071 or to any holder of a
dangerous weapons permit or license issued pursuant to Section 12095,
12230, 12250, 12286, or 12305 of the Penal Code.
. . . .
SEC. 3. Section 171b of the Penal Code is amended to read:
171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Sections 12071.1
12083.5 and 12071.4 12083.7.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Sections 12071.1
12083.5 and 12071.4 12083.7.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not limited
to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.
SEC. 4. Section 11106 of the Penal Code is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section
12071 12071.5 that are not dealers'
records of sales of firearms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of this state, and
shall, upon proper application therefor, furnish this information to
the officers referred to in Section 11105.
(b) (1) Notwithstanding
subdivision (a), the Attorney General shall not retain or compile any
information from reports filed pursuant to subdivision (a) of
Section 12078 for firearms that are not handguns, from forms
submitted pursuant to Section 12084 for firearms that are not
handguns, or from dealers' records of sales for firearms that are not
handguns. All copies of the forms submitted, or any information
received in electronic form, pursuant to Section 12084 for firearms
that are not handguns, or of the dealers' records of sales for
firearms that are not handguns shall be destroyed within five days of
the clearance by the Attorney General, unless the purchaser or
transferor is ineligible to take possession of the firearm. All
copies of the reports filed, or any information received in
electronic form, pursuant to subdivision (a) of Section 12078 for
firearms that are not handguns shall be destroyed within five days of
the receipt by the Attorney General, unless retention is necessary
for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph
(5) of subdivision (c) of Section 12071
Section 12071.5, for firearms that are not handguns unless
retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to handguns and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in Section 12084, or
reports made to the department pursuant to Section 12078 or any
other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
SEC. 5. Section 12001 of the Penal Code is amended to read:
12001. (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.(2) As used
in this title, the term "handgun" means any "pistol," "revolver," or
"firearm capable of being concealed upon the person."
(b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of combustion.
(c) As used in Sections 12021, 12021.1, 12070, 12071,
12071.1, 12071.2, 12071.5, 12071.6,
12072, 12073, 12078, 12101, and 12801 of this code, and Sections
8100, 8101, and 8103 of the Welfare and Institutions Code, the term
"firearm" includes the frame or receiver of the weapon.
(d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
(e) For purposes of Sections 12070, 12071, 12071.1, 12071.2,
12071.3, 12071.5, 12071.6, and paragraph (8) of subdivision
(a), and subdivisions (b), (c), (d), and (f) of Section 12072, the
term "firearm" does not include an unloaded firearm that is defined
as an "antique firearm" in Section 921(a)(16) of Title 18 of the
United States Code.
. . . .
(i) As used in Section 12071 12071.2,
12071.4, 12072, or 12084, "application to purchase"
means any of the following:
(1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
(2) The initial completion of the LEFT by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (d) of Section 12084.
(3) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
(j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
(k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, notwithstanding the
fact that the term "any firearm" may be used in those sections, each
firearm or the frame or receiver of the same shall constitute a
distinct and separate offense under those sections.
(l) For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
(m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.
(n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
(1) He or she is not a person licensed pursuant to Section 12071.
(2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
(3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(4) He or she is the owner of a pistol, revolver, or other firearm
capable of being concealed upon the person.
(5) He or she acquired that pistol, revolver, or other firearm
capable of being concealed upon the person outside of California.
(6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
(7) He or she intends to possess that pistol, revolver, or other
firearm capable of being concealed upon the person within this state
on or after January 1, 1998.
(8) The pistol, revolver, or other firearm capable of being
concealed upon the person was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that firearm
following the procedures set forth in Section 12071
12071.2 and subdivision (c) of Section 12072.
(9) He or she, while a resident of this state, had not previously
reported his or her ownership of that pistol, revolver, or other
firearm capable of being concealed upon the person to the Department
of Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
(10) The pistol, revolver, or other firearm capable of being
concealed upon the person is not a firearm that is prohibited by
subdivision (a) of Section 12020.
(11) The pistol, revolver, or other firearm capable of being
concealed upon the person is not an assault weapon, as defined in
Section 12276 or 12276.1.
(12) The pistol, revolver, or other firearm capable of being
concealed upon the person is not a machinegun, as defined in Section
12200.
(13) The person is 18 years of age or older.
(o) For purposes of paragraph (6) of subdivision (n):
(1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
(2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
(p) As used in this
code, "basic firearms safety certificate" means a certificate issued
by the Department of Justice pursuant to Article 8 (commencing with
Section 12800) of Chapter 6 of Title 2 of Part 4, prior to January 1,
2003.
(q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
. . . .
SEC. 6. Section 12035 of the Penal Code is amended to read:
12035. (a) As used in this section, the following definitions
apply:
(1) "Locking device" means a device that is designed to prevent
the firearm from functioning and when applied to the firearm,
renders the firearm inoperable.
(2) "Loaded firearm" has the same meaning as set forth in
subdivision (g) of Section 12031.
(3) "Child" means a person under 18 years of age.
(4) "Great bodily injury" has the same meaning as set forth in
Section 12022.7.
(5) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
. . . .
(h) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7)
of subdivision (b) of that section Section 12071.4,
disclosing the duty imposed by this section upon any person
who keeps a loaded firearm.
SEC. 7. Section 12036 of the Penal Code is amended to read:
12036. (a) As used in this section, the following definitions
shall apply:(1) "Locking device" means a device that is designed to
prevent the firearm from functioning and when applied to the firearm,
renders the firearm inoperable.
(2) "Child" means a person under the age of 18 years.
(3) "Off-premises" means premises other than the premises where
the firearm was stored.
(4) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b) A person who keeps a pistol, revolver, or other firearm
capable of being concealed upon the person, loaded or unloaded,
within any premises that are under his or her custody or control and
he or she knows or reasonably should know that a child is likely to
gain access to that firearm without the permission of the child's
parent or legal guardian and the child obtains access to that firearm
and thereafter carries that firearm off-premises, shall be punished
by imprisonment in a county jail not exceeding one year, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
. . . .
(i) Every person licensed under Section 12071 shall post within
the licensed premises the notice required by paragraph (7)
of subdivision (b) of that section Section 12071.4,
disclosing the duty imposed by this section upon any person
who keeps any firearm.
SEC. 8. Section 12070 of the Penal Code is amended to read:
12070. (a) No person shall sell, lease, or transfer firearms
unless he or she has been issued a license pursuant to Section 12071.
Any person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
. . . .
(5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in
subparagraph (B) of paragraph (1) of subdivision (b) of
Section 12071 Section 12071.1, by a person
other than a licensee or dealer, provided the person has a valid
federal firearms license and a current certificate of eligibility
issued by the Department of Justice, as specified in Section 12071,
and provided all the sales, leases, or transfers fully comply with
subdivision (d) of Section 12072. However, the person shall not
engage in the sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person at more than 12 gun shows or events in any calendar year
and shall not sell, lease, or transfer more than 15 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person at any single gun show or event. In no
event shall the person sell more than 75 used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person in any calendar year.
A person described in this paragraph shall be known as a "Gun Show
Trader."
The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.
. . . .
SEC. 9. Section 12071 of the Penal Code is repealed. [replaced, actually]
[The following subdiv. (a), with numbering changes, becomes the
proposed new 12071.]
12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who has all of the following:
(A) A valid federal firearms license.
(B) Any regulatory or business license, or licenses, required by
local government.
(C) A valid seller's permit issued by the State Board of
Equalization.
(D) A certificate of eligibility issued by the Department of
Justice pursuant to paragraph (4).
(E) A license issued in the format prescribed by paragraph (6).
(F) Is among those recorded in the centralized list specified in
subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
[The preceding deleted subdivision (a) of 12071 is entirely copied in
the new 12071, with subdivision & para. No. changes, but the last
para. of the new 12071 is not equivalent to the following subdivision (b)
as it should be.]
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
[Following par. (1) and (2) replaced by new 12071.1(a) thru (d)]
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
waiting period specified in subparagraph (A) of paragraph (3), and
(ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage
in the sale and transfer of firearms other than pistols, revolvers,
or other firearms capable of being concealed upon the person, at
events specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of,
or on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
[Par. (3) replaced by proposed new 12071.2(a) and (b).]
(3) No firearm shall be delivered:
(A) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code. The dealer shall make available to the person in
the prohibited class a prohibited notice and transfer form, provided
by the department, stating that the person is prohibited from owning
or possessing a firearm, and that the person may obtain from the
department the reason for the prohibition.
[Following par. (4)-(6) replaced by proposed new 12071.1(e)-(g)]
(4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
[Par. (7) to be replaced by proposed new 12071.4.]
(7) The licensee shall post conspicuously within the licensed
premises the following warnings in block letters not less than one
inch in height:
(A) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND
USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A
LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."
(B) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(C) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(D) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(E) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(F) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
[Par. (8) replaced by proposed new 12071.2(c) and (d).]
(8) (A) Commencing April 1, 1994, and until January 1, 2003, no
pistol, revolver, or other firearm capable of being concealed upon
the person shall be delivered unless the purchaser, transferee, or
person being loaned the firearm presents to the dealer a basic
firearms safety certificate.
(B) Commencing January 1, 2003, no dealer may deliver a handgun
unless the person receiving the handgun presents to the dealer a
valid handgun safety certificate. The firearms dealer shall retain a
photocopy of the handgun safety certificate as proof of compliance
with this requirement.
(C) Commencing January 1, 2003, no handgun may be delivered unless
the purchaser, transferee, or person being loaned the firearm
presents documentation indicating that he or she is a California
resident. Satisfactory documentation shall include a utility bill
from within the last three months, a residential lease, a property
deed, or military permanent duty station orders indicating assignment
within this state, or other evidence of residency as permitted by
the Department of Justice. The firearms dealer shall retain a
photocopy of the documentation as proof of compliance with this
requirement.
[Following subpar (D) to be replaced by proposed new 12071.3.]
(D) Commencing January 1, 2003, except as authorized by the
department, no firearms dealer may deliver a handgun unless the
recipient performs a safe handling demonstration with that handgun.
The demonstration shall commence with the handgun unloaded and locked
with the firearm safety device with which it is required to be
delivered, if applicable. While maintaining muzzle awareness, that
is, the firearm is pointed in a safe direction, preferably down at
the ground, and trigger discipline, that is, the trigger finger is
outside of the trigger guard and along side of the handgun frame, at
all times, the handgun recipient shall correctly and safely perform
the following:
(i) If the handgun is a semiautomatic pistol:
(I) Remove the magazine.
(II) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
(III) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
(IV) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
(V) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
(VI) Insert the magazine into the magazine well of the firearm.
(VII) Manipulate the slide release or pull back and release the
slide.
(VIII) Remove the magazine.
(IX) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(X) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
(XI) Apply the safety, if applicable.
(XII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(ii) If the handgun is a double-action revolver:
(I) Open the cylinder.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device. If the firearm safety
device prevents any of the previous steps, remove the firearm safety
device during the appropriate step.
(IV) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
(V) Close the cylinder.
(VI) Open the cylinder and eject the round.
(VII) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VIII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(iii) If the handgun is a single-action revolver:
(I) Open the loading gate.
(II) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(III) Remove the firearm safety device required to be sold with
the handgun. If the firearm safety device prevents any of the
previous steps, remove the firearm safety device during the
appropriate step.
(IV) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
(V) Open the loading gate and unload the revolver.
(VI) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(VII) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(E) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(F) The firearms dealer shall sign and date an affidavit stating
that the requirements of subparagraph (D) have been met. The firearms
dealer shall additionally obtain the signature of the handgun
purchaser on the same affidavit. The firearms dealer shall retain
the original affidavit as proof of compliance with this requirement.
(G) The recipient shall perform the safe handling demonstration
for a department certified instructor.
(H) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(I) Department certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
(J) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
[Following par. (9)-(12) replaced by proposed new 12071.1(h)-(k)]
(9) Commencing July 1, 1992, the licensee shall offer to provide
the purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
[Following par. (13)-(15) to be replaced by proposed new 12071.6(a)-(c).]
(13) The licensee shall report the loss or theft of any firearm
that is merchandise of the licensee, any firearm that the licensee
takes possession of pursuant to Section 12082, or any firearm kept at
the licensee's place of business within 48 hours of discovery to the
appropriate law enforcement agency in the city, county, or city and
county where the licensee's business premises are located.
(14) Any time when the licensee is not open for business, the
licensee shall store all firearms kept in his or her licensed place
of business using one of the following methods as to each particular
firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in paragraph (14).
[Following par. (16) replaced by proposed new 12071.1(l)]
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
[Following par. (17)-(19) replaced by proposed new 12071.5(a)-(c)]
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code.
(iv) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and any regulations issued pursuant thereto.
(v) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(19) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102 (c) of Title 27 of the Code of Federal Regulations.
[Following subpar. (A)-(F) replaced by proposed new 12071.1(m)]
(20) (A) Firearms dealers may require any agent who handles,
sells, or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant to paragraph
(4) of subdivision (a). The agent or employee shall provide on the
application, the name and California firearms dealer number of the
firearms dealer with whom he or she is employed.
(B) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
(C) If the local jurisdiction requires a background check of the
agents or employees of the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to subparagraph (A).
(D) Nothing in this paragraph shall be construed to preclude a
local jurisdiction from conducting an additional background check
pursuant to Section 11105 or prohibiting employment based on criminal
history that does not appear as part of obtaining a certificate of
eligibility, provided however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
[Following subpar. (E) and (F) replaced by proposed new 12071.1(n) and (o)]
(E) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
from coming into contact with any firearm that is not secured and
from accessing any key, combination, code, or other means to open any
of the locking devices described in clause (ii) of subparagraph (G)
of this paragraph.
(F) Nothing in this paragraph shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
[Following par. replaced by definitions in different proposed new sections to
which those definitions are relevant.]
(G) For purposes of this section, the following definitions shall
apply:
(i) An "agent" is an employee of the licensee. [Replaced by proposed new 12071.1(p)]
[Following definition mistakenly included in proposed new 12071.6
rather than 12071.1 as it should be, because it relates to proposed
new subd (n) of 12071.1.]
(ii) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
(I) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088 of this
chapter.
(II) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
(III) The firearm is stored in a distinct locked room or area in
the building that is used to store firearms that can only be unlocked
by a key, a combination, or similar means.
(IV) The firearm is secured with a hardened steel rod or cable
that is at least one-eighth of an inch in diameter through the
trigger guard of the firearm. The steel rod or cable shall be secured
with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a bolt cutter and the
rod or cable shall be anchored in a manner that prevents the removal
of the firearm from the premises.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this section, a "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least/ 1/2-inch diameter or metal grating of at
least 9 gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(3) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
[Following par. (4) should be replaced by proposed new 12071.5.]
(4) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 478.124,
Section 478.124a, and subdivision (e) of Section 478.125 of Title 27
of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 478.124a and subdivision (e) of
Section 478.125 of Title 27 of the Code of Federal Regulations and
the records referred to in subdivision (a) of Section 478.124 of
Title 27 of the Code of Federal Regulations.
[Subd. (d) to be in 12071.6(f).]
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
[Following subd. (e) thru (g) to be replaced (with change) by proposed new 12071.7.]
(e)(1) Except as otherwise provided in this paragraph, the Department of
Justice shall keep a centralized list of all persons licensed
pursuant to subparagraphs (A) to (E), inclusive, of paragraph (1) of
subdivision (a), and all persons who have submitted information
pursuant to subdivision (a) of Section 12083. The department may
remove from this list any person who knowingly or with gross
negligence violates this article. Upon removal of a dealer from this
list, notification shall be provided to local law enforcement and
licensing authorities in the jurisdiction where the dealer's business
is located.
(2) The department shall remove from the centralized list any
person whose federal firearms license has expired or has been
revoked.
(3) Information compiled from the list shall be made available,
upon request, for the following purposes only: [deleted in replacement]
(A) For law enforcement purposes.
(B) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(C) When information is requested by a person promoting,
sponsoring, operating, or otherwise organizing a show or event as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who possesses a valid certificate of
eligibility issued pursuant to Section 12071.1, if that information
is requested by the person to determine the eligibility of a
prospective participant in a gun show or event to conduct
transactions as a firearms dealer pursuant to subparagraph (B) of
paragraph (1) of subdivision (b).
(4) Information provided pursuant to paragraph (3) shall be
limited to information necessary to corroborate an individual's
current license status as being one of the following:
(A) A person licensed pursuant to subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (a).
(B) A person licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and who is not
subject to the requirement that he or she be licensed pursuant to
subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a).
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed one hundred fifteen dollars ($115), to cover the
reasonable cost of maintaining the list described in subdivision (e),
including the cost of inspections. Dealers whose place of business
is in a jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of
the department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
[Subdiv. (h) to be replaced by proposed new 12071.6(d).]
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
[Subd (i) related to replaced text in 12072(f).]
(i) (1) For every verification inquiry made pursuant to paragraph
(1) of subdivision (f) of Section 12072, the department shall
determine whether the intended recipient possesses an appropriate,
valid license issued pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and, if applicable, is
properly licensed pursuant to this section.
(2) If the intended recipient possesses an appropriate, valid
license issued pursuant to Chapter 44 (commencing with Section 921)
of Title 18 of the United States Code, and if applicable, is properly
licensed pursuant to this section, the department shall immediately
provide a unique verification number to the inquiring party.
(3) If the intended recipient does not possess an appropriate,
valid license issued pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code, or if applicable, is not
properly licensed pursuant to this section, the department shall do
all of the following:
(A) Immediately notify the inquiring party of that fact.
(B) Within 24 hours, notify the chief law enforcement officer of
the jurisdiction where the address on the federal firearms license
about which the inquiry was made is located, and notify an
appropriate employee of the federal Bureau of Alcohol, Tobacco and
Firearms of the denied verification.
SEC. 10. Section 12071 is added to the Penal Code, [to replace the existing]
to read:
12071. (a) As used in this chapter, the term "licensee," "person
licensed pursuant to Section 12071," or "dealer" means a person who
has all of the following: (1) A valid federal firearms license.
(2) Any regulatory or business license, or licenses, required by
local government.
(3) A valid seller's permit issued by the State Board of
Equalization.
(4) A certificate of eligibility issued by the Department of
Justice pursuant to subdivision (d).
(5) A license issued in the format prescribed by subdivision (f).
(6) Is among those recorded in the centralized list specified in
Section 12071.7.
(b) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(c) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(d) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(e) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(f) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(1) In the form prescribed by the Attorney General.
(2) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(3) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(g) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(h) A license granted pursuant to this section is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section. [the prohibitions &; requirements are now
proposed to be in other sections]
SEC. 11. Section 12071.1 of the Penal Code, as amended by
Section 2 of Chapter 247 of the Statutes of 1999, is amended and
renumbered to read:
12071.1.
12083.5. (a) No person shall produce,
promote, sponsor, operate, or otherwise organize a gun show or event,
as specified in subparagraph (B) of paragraph (1) of
subdivision (b) of Section 12071
12071.1, unless that person possesses a valid certificate of
eligibility from the Department of Justice. Unless the department's
records indicate that the applicant is a person prohibited from
possessing firearms, a certificate of eligibility shall be issued by
the Department of Justice to an applicant provided the applicant does
all of the following:(1) Certifies that he or she is familiar with
the provisions of this section and Section 12071.4
12083.7.
(2) Ensures that liability insurance is in effect for the duration
of an event or show in an amount of not less than one million
dollars ($1,000,000).
(3) Provides an annual list of the gun shows or events that the
applicant plans to promote, produce, sponsor, operate, or otherwise
organize during the year for which the certificate of eligibility is
issued, including the date, time, and location of the gun shows or
events.
(b) If during that year the information required by paragraph (3)
of subdivision (a) changes, or additional gun shows or events will be
promoted, produced, sponsored, operated, or otherwise organized by
the applicant, the producer shall notify the Department of Justice no
later than 30 days prior to the gun show or event.
(c) As used in this section, a "licensed gun show producer" means
a person who has been issued a certificate of eligibility by the
Department of Justice pursuant to subdivision (a). No regulations
shall be required to implement this subdivision.
(d) The Department of Justice shall adopt regulations to
administer the certificate of eligibility program under this section
and shall recover the full costs of administering the program by fees
assessed applicants who apply for certificates. A licensed gun show
producer shall be assessed an annual fee of eighty-five dollars ($85)
by the department.
(e) (1) A willful failure by a gun show producer to comply with
any of the requirements of this section, except for the posting of
required signs, shall be a misdemeanor punishable by a fine not to
exceed two thousand dollars ($2,000), and shall render the producer
ineligible for a gun show producer license for one year from the date
of the conviction.
(2) The willful failure of a gun show producer to post signs as
required by this section shall be a misdemeanor punishable by a fine
not to exceed one thousand dollars ($1,000) for the first offense and
not to exceed two thousand dollars ($2,000) for the second or
subsequent offense, and with respect to the second or subsequent
offense, shall render the producer ineligible for a gun show producer
license for one year from the date of the conviction.
(3) Multiple violations charged pursuant to paragraph (1) arising
from more than one gun show or event shall be grounds for suspension
of a producer's certificate of eligibility pending adjudication of
the violations.
(f) Prior to the commencement of a gun show or event, the producer
thereof shall, upon written request, within 48 hours, or a later
time specified by the requesting law enforcement agency, make
available to the requesting law enforcement agency with jurisdiction
over the facility, a complete and accurate list of all persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
The producer shall thereafter, upon written request, for every day
the gun show or event operates, within 24 hours, or a later time
specified by the requesting law enforcement agency, make available to
the requesting law enforcement agency with jurisdiction over the
facility, an accurate, complete, and current list of the persons,
entities, and organizations that have leased or rented, or are known
to the producer to intend to lease or rent, any table, display space,
or area at the gun show or event for the purpose of selling,
leasing, or transferring firearms.
This subdivision applies to persons, entities, and organizations
whether or not they participate in the entire gun show or event, or
only a portion thereof.
(g) The information that may be requested by the law enforcement
agency with jurisdiction over the facility, and that shall be
provided by the producer upon request, may include, but is not
limited to, the following information relative to a vendor who offers
for sale firearms manufactured after December 31, 1898: his or her
complete name, and a driver's license or identification card number.
(h) The producer and facility manager shall prepare an annual
event and security plan and schedule that shall include, at a
minimum, the following:
(1) The type of shows or events including, but not limited to,
antique or general firearms.
(2) The estimated number of vendors offering firearms for sale or
display.
(3) The estimated number of attendees.
(4) The number of entrances and exits at the gun show or event
site.
(5) The location, dates, and times of the shows or events.
(6) The contact person and telephone number for both the producer
and the facility.
(7) The number of sworn peace officers employed by the producer or
the facilities manager who will be present at the show or event.
(8) The number of nonsworn security personnel employed by the
producer or the facility's manager who will be present at the show or
event.
(i) The annual event and security plan shall be submitted by
either the producer or the facility's manager to the Department of
Justice and the law enforcement agency with jurisdiction over the
facility. Not later than 15 days prior to the commencement of the gun
show or event, the producer shall submit to the department, the law
enforcement agency with jurisdiction over the facility site, and the
facility's manager a revised event and security plan if significant
changes have been made since the annual plan was submitted, including
a revised list of vendors that the producer knows, or reasonably
should know, will be renting tables, space, or otherwise
participating in the gun show or event. The event and security plan
shall be approved by the facility's manager prior to the event or
show after consultation with the law enforcement agency with
jurisdiction over the facility. No gun show or event shall commence
unless the requirements of this subdivision are met.
(j) The producer shall be responsible for informing prospective
gun show vendors of the requirements of this section and of Section
12071.4 12083.7 that apply to vendors.
(k) The producer shall, within seven calendar days of the
commencement of the show or event, but not later than noon on Friday
for a show or event held on a weekend, submit a list of all
prospective vendors and designated firearms transfer agents who are
licensed firearms dealers to the Department of Justice for the
purpose of determining whether these prospective vendors and
designated firearms transfer agents possess valid licenses and are
thus eligible to participate as licensed dealers at the show or
event. The department shall examine its records and if it determines
that a dealer's license is not valid, it shall notify the show or
event producer of that fact prior to the commencement of the show or
event.
(l) If a licensed firearms dealer fails to cooperate with a
producer or fails to comply with the applicable requirements of this
section or Section 12071.4 12083.7,
that person shall not be allowed to participate in that show or
event.
(m) If a producer fails to comply with subdivision (j) or (k), the
gun show or event shall not commence until those requirements are
met.
(n) All producers shall have written contracts with all gun show
vendors selling firearms at the show or event.
(o) The producer shall require that signs be posted in a readily
visible location at each public entrance to the show containing, but
not limited to, the following notices:
(1) This gun show follows all federal, state, and local firearms
and weapons laws without exception.
(2) All firearms carried onto the premises by members of the
public will be checked, cleared of any ammunition, secured in a
manner that prevents them from being operated, and an identification
tag or sticker will be attached to the firearm prior to the person
being allowed admittance to the show.
(3) No member of the public under the age of 18 years shall be
admitted to the show unless accompanied by a parent, grandparent, or
legal guardian.
(4) All firearms transfers between private parties at the show
shall be conducted through a licensed dealer in accordance with
applicable state and federal laws.
(5) Persons possessing firearms on this facility must have in
their immediate possession government-issued photo identification,
and display it upon request to any security officer or any peace
officer, as defined in Section 830.
(p) The show producer shall post, in a readily visible location at
each entrance to the parking lot at the show, signage that states:
"The transfer of firearms on the parking lot of this facility is a
crime."
(q) It is the intent of the Legislature that the certificate of
eligibility program established pursuant to this section be
incorporated into the certificate of eligibility program established
pursuant to Section 12071 to the maximum extent practicable.
SEC. 12. Section 12071.1 is added [as a replacement] to the Penal Code, to read:
12071.1. (a) Except as provided in subdivisions (b) and (c), the
business of a licensee shall be conducted only in the buildings
designated in the license. The license or a copy thereof, certified
by the issuing authority, shall be displayed on the premises where it
can easily be seen.
(b) A person licensed pursuant to Section 12071
may take possession of firearms and commence preparation of registers
for the sale, delivery, or transfer of firearms at gun shows or
events, as defined in Section 478.100 of Title 27 of the Code of
Federal Regulations, or its successor, if the gun show or event is
not conducted from any motorized or towed vehicle. A person
conducting business pursuant to this subdivision shall be entitled to
conduct business as authorized herein at any gun show or event in
the state without regard to the jurisdiction within this state that
issued the license pursuant to Section 12071, provided the person
complies with all applicable laws, including, but not limited to, the
waiting period specified in Section 12071.2, and all applicable
local laws, regulations, and fees, if any. A person conducting
business pursuant to this subdivision shall publicly display his or
her license issued pursuant to Section 12071, or a facsimile thereof,
at any gun show or event, as specified in this subparagraph.
(c) A person licensed pursuant to Section 12071 may engage in the
sale and transfer of firearms other than handguns, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision. A person
licensed pursuant to Section 12071 also may accept delivery of
firearms other than handguns, outside the building designated in the
license, provided the firearm is being donated for the purpose of
sale or transfer at an auction or similar event specified in
subdivision (g) of Section 12078.
(d) The firearm may be delivered to the purchaser, transferee, or
person being loaned the firearm at one of the following places:
(1) The building designated in the license.
(2) The places specified in subdivision (b) or (c).
(3) The place of residence of, the fixed place of business of, or
on private property owned or lawfully possessed by, the purchaser,
transferee, or person being loaned the firearm.
(e) No handgun or imitation thereof capable of being concealed
upon the person, or placard advertising the sale or other transfer
thereof, shall be displayed in any part of the premises licensed
pursuant to Section 12071 where it can readily be seen from the
outside.
(f) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(g) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) and paragraph (1) of subdivision (f)
of Section 12072, and subdivision (a) of Section 12316.
(h) The licensee shall offer to provide the purchaser or
transferee of a firearm, or person being loaned a firearm, with a
copy of the pamphlet described in Section 12080 and may add the cost
of the pamphlet, if any, to the sales price of the firearm.
(i) The licensee shall not commit an act of collusion as defined
in Section 12072.
(j) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(1) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(2) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(k) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
(l) The licensee shall, upon the issuance or renewal of a license,
submit a copy of the same to the Department of Justice.
(m) (1) Firearms dealers may require any agent who handles, sells,
or delivers firearms to obtain and provide to the dealer a
certificate of eligibility from the department pursuant Section
12071. The agent or employee shall provide on the application, the
name and California firearms dealer number of the firearms dealer
with whom he or she is employed.
(2) The department shall notify the firearms dealer in the event
that the agent or employee who has a certificate of eligibility is or
becomes prohibited from possessing firearms.
(3) If the local jurisdiction requires a background check of the
agents or employees of the firearms dealer, the agent or employee
shall obtain a certificate of eligibility pursuant to Section 12071.
(4) Nothing in this section shall be construed to preclude a local
jurisdiction from conducting an additional background check pursuant
to Section 11105 or prohibiting employment based on criminal history
that does not appear as part of obtaining a certificate of
eligibility, provided however, that the local jurisdiction may not
charge a fee for the additional criminal history check.
(n) The licensee shall prohibit any agent who the licensee knows
or reasonably should know is within a class of persons prohibited
from possessing firearms pursuant to Section 12021 or 12021.1 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code,
from coming into contact with any firearm that is not secured and
from accessing any key, combination, code, or other means to open any
of the locking devices described in Section 12071.6 that are used to
make the firearm inoperable.
(o) Nothing in this section shall be construed as preventing a
local government from enacting an ordinance imposing additional
conditions on licensees with regard to agents.
(p) For purposes of this section, an "agent" is an employee of the
licensee.
(q) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section.
SEC. 13. Section 12071.2 is added to the Penal Code, to read:
12071.2. (a) No firearm shall be delivered by a person licensed
pursuant to Section 12071 under any of the following circumstances:
(1) Within 10 days of the application to purchase, or, after notice
by the department pursuant to subdivision (d) of Section 12076,
within 10 days of the submission to the department of any correction
to the application, or within 10 days of the submission to the
department of any fee required pursuant to subdivision (e) of Section
12076, whichever is later.
(2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(4) As used in this article, "clear evidence of his or her
identity and age" means either a valid California driver's license,
or a valid California identification card issued by the Department of
Motor Vehicles.
(b) No firearm shall be delivered by a person licensed pursuant to
Section 12071 whenever the dealer is notified by the Department of
Justice that the person is in a prohibited class described in Section
12021 or 12021.1 of this code, or Section 8100 or 8103 of the
Welfare and Institutions Code. The dealer shall make available to the
person in the prohibited class a prohibited notice and transfer
form, provided by the department, stating that the person is
prohibited from owning or possessing a firearm, and that the person
may obtain from the department the reason for the prohibition.
(c) No dealer may deliver a handgun unless the person receiving
the handgun presents to the dealer a valid handgun safety
certificate. The firearms dealer shall retain a photocopy of the
handgun safety certificate as proof of
compliance with this requirement.
(d) No handgun may be delivered unless the purchaser, transferee,
or person being loaned the firearm presents documentation indicating
that he or she is a California resident. Satisfactory documentation
shall include a utility bill from within the last three months, a
residential lease, a property deed, or military permanent duty
station orders indicating assignment within this state, or other
evidence of residency as permitted by the Department of Justice. The
firearms dealer shall retain a photocopy of the documentation as
proof of compliance with this requirement.
(e) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section.
SEC. 14. Section 12071.3 is added to the Penal Code, to read:
12071.3. (a) Except as authorized by the department, no firearms
dealer may deliver a handgun unless the recipient performs a safe
handling demonstration with that handgun. The demonstration shall
commence with the handgun unloaded and locked with the firearm safety
device with which it is required to be delivered, if applicable.
While maintaining muzzle awareness, that is, the firearm is pointed
in a safe direction, preferably down at the ground, and trigger
discipline, that is, the trigger finger is outside of the trigger
guard and alongside of the handgun frame, at all times, the handgun
recipient shall correctly and safely perform the following: (1) If
the handgun is a semiautomatic pistol:
(A) Remove the magazine.
(B) Lock the slide back. If the model of firearm does not allow
the slide to be locked back, pull the slide back, visually and
physically check the chamber to ensure that it is clear.
(C) Visually and physically inspect the chamber, to ensure that
the handgun is unloaded.
(D) Remove the firearm safety device, if applicable. If the
firearm safety device prevents any of the previous steps, remove the
firearm safety device during the appropriate step.
(E) Load one bright orange, red, or other readily identifiable
dummy round into the magazine. If no readily identifiable dummy round
is available, an empty cartridge casing with an empty primer pocket
may be used.
(F) Insert the magazine into the magazine well of the firearm.
(G) Manipulate the slide release or pull back and release the
slide.
(H) Remove the magazine.
(I) Visually inspect the chamber to reveal that a round can be
chambered with the magazine removed.
(J) Lock the slide back to eject the bright orange, red, or other
readily identifiable dummy round. If the handgun is of a model that
does not allow the slide to be locked back, pull the slide back and
physically check the chamber to ensure that the chamber is clear. If
no readily identifiable dummy round is available, an empty cartridge
casing with an empty primer pocket may be used.
(K) Apply the safety, if applicable.
(L) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(2) If the handgun is a double-action revolver:
(A) Open the cylinder.
(B) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(C) Remove the firearm safety device. If the firearm safety device
prevents any of the previous steps, remove the firearm safety device
during the appropriate step.
(D) While maintaining muzzle awareness and trigger discipline,
load one bright orange, red, or other readily identifiable dummy
round into a chamber of the cylinder and rotate the cylinder so that
the round is in the next-to-fire position. If no readily identifiable
dummy round is available, an empty cartridge casing with an empty
primer pocket may be used.
(E) Close the cylinder.
(F) Open the cylinder and eject the round.
(G) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(H) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(3) If the handgun is a single-action revolver:
(A) Open the loading gate.
(B) Visually and physically inspect each chamber, to ensure that
the revolver is unloaded.
(C) Remove the firearm safety device required to be sold with the
handgun. If the firearm safety device prevents any of the previous
steps, remove the firearm safety device during the appropriate step.
(D) Load one bright orange, red, or other readily identifiable
dummy round into a chamber of the cylinder, close the loading gate
and rotate the cylinder so that the round is in the next-to-fire
position. If no readily identifiable dummy round is available, an
empty cartridge casing with an empty primer pocket may be used.
(E) Open the loading gate and unload the revolver.
(F) Visually and physically inspect each chamber to ensure that
the revolver is unloaded.
(G) Apply the firearm safety device, if applicable. This
requirement shall not apply to an Olympic competition pistol if no
firearms safety device, other than a cable lock that the department
has determined would damage the barrel of the pistol, has been
approved for the pistol, and the pistol is either listed in paragraph
(2) of subdivision (h) of Section 12132 or is subject to paragraph
(3) of subdivision (h) of Section 12132.
(b) The recipient shall receive instruction regarding how to
render that handgun safe in the event of a jam.
(c) The firearms dealer shall sign and date an affidavit stating
that the requirements of subdivision (a) have been met. The firearms
dealer shall additionally obtain the signature of the handgun
purchaser on the same affidavit. The firearms dealer shall retain
the original affidavit as proof of compliance with this requirement.
(d) The recipient shall perform the safe handling demonstration
for a department certified instructor.
(e) No demonstration shall be required if the dealer is returning
the handgun to the owner of the handgun.
(f) Department certified instructors who may administer the safe
handling demonstration shall meet the requirements set forth in
subdivision (j) of Section 12804.
(g) The persons who are exempt from the requirements of
subdivision (b) of Section 12801, pursuant to Section 12807, are also
exempt from performing the safe handling demonstration.
(h) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section.
SEC. 15. Section 12071.4 of the Penal Code, as added by Section
3 of Chapter 247 of the Statutes of 1999, is amended and renumbered
to read:
12071.4.
12083.7 . (a) This section shall be known,
and may be cited as, the Gun Show Enforcement and Security Act of
2000.(b) All gun show or event vendors shall certify in writing to
the producer that they:
(1) Will not display, possess, or offer for sale any firearms,
knives, or weapons for which possession or sale is prohibited.
(2) Acknowledge that they are responsible for knowing and
complying with all applicable federal, state, and local laws dealing
with the possession and transfer of firearms.
(3) Will not engage in activities that incite or encourage hate
crimes.
(4) Will process all transfers of firearms through licensed
firearms dealers as required by state law.
(5) Will verify that all firearms in their possession at the show
or event will be unloaded, and that the firearms will be secured in a
manner that prevents them from being operated except for brief
periods when the mechanical condition of a firearm is being
demonstrated to a prospective buyer.
(6) Have complied with the requirements of subdivision (e).
(7) Will not display or possess black powder, or offer it for
sale.
(c) All firearms transfers at the gun show or event shall be in
accordance with applicable state and federal laws.
(d) Except for purposes of showing ammunition to a prospective
buyer, ammunition at a gun show or event may be displayed only in
closed original factory boxes or other closed containers.
(e) Prior to the commencement of a gun show or event, each vendor
shall provide to the producer all of the following information
relative to the vendor, the vendor's employees, and other persons,
compensated or not, who will be working or otherwise providing
services to the public at the vendor's display space if firearms
manufactured after December 31, 1898, will be offered for sale:
(1) His or her complete name.
(2) His or her driver's license or state-issued identification
card number.
(3) His or her date of birth.
The producer shall keep the information at the show's or event's
onsite headquarters for the duration of the show or event, and at the
producer's regular place of business for two weeks after the
conclusion of the show or event, and shall make the information
available upon request to any sworn peace officer for purposes of the
officer's official law enforcement duties.
(f) Vendors and employees of vendors shall wear name tags
indicating first and last name.
(g) No person at a gun show or event, other than security
personnel or sworn peace officers, shall possess at the same time
both a firearm and ammunition that is designed to be fired in the
firearm. Vendors having those items at the show for sale or
exhibition are exempt from this prohibition.
(h) No member of the public who is under the age of 18 years shall
be admitted to, or be permitted to remain at, a gun show or event
unless accompanied by a parent or legal guardian. Any member of the
public who is under the age of 18 shall be accompanied by his or her
parent, grandparent, or legal guardian while at the show or event.
(i) Persons other than show or event security personnel, sworn
peace officers, or vendors, who bring firearms onto the gun show or
event premises shall sign in ink the tag or sticker that is attached
to the firearm prior to being allowed admittance to the show or
event, as provided for in subdivision (j).
(j) All firearms carried onto the premises of a gun show or event
by members of the public shall be checked, cleared of any ammunition,
secured in a manner that prevents them from being operated, and an
identification tag or sticker shall be attached to the firearm, prior
to the person being allowed admittance to the show. The
identification tag or sticker shall state that all firearms transfers
between private parties at the show or event shall be conducted
through a licensed dealer in accordance with applicable state and
federal laws. The person possessing the firearm shall complete the
following information on the tag before it is attached to the
firearm:
(1) The gun owner's signature.
(2) The gun owner's printed name.
(3) The identification number from the gun owner's
government-issued photo identification.
(k) All persons possessing firearms at the gun show or event shall
have in his or her immediate possession, government-issued photo
identification, and display it upon request, to any security officer,
or any peace officer.
(l) Unless otherwise specified, a first violation of this section
is an infraction. Any second or subsequent violation is a
misdemeanor. Any person who commits an act which he or she knows to
be a violation of this section is guilty of a misdemeanor for a first
offense.
SEC. 16. Section 12071.4 is added to the Penal Code, to read:
12071.4. (a) The licensee shall post conspicuously within the
licensed premises the following warnings in block letters not less
than one inch in height:
(1) "IF YOU KEEP A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS
OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR
CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A
FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED
THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(2) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF
BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR
LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY
FUNCTIONING."
(3) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS
TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR
SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING
A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED
THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A
LOCKING DEVICE."
(4) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING
FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER
SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH
HANDS THOROUGHLY AFTER EXPOSURE."
(5) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL
POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN
30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK,
THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND
TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."
(6) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO
ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD."
(b) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the requirements of this section.
SEC. 17. Section 12071.5 is added to the Penal Code, to read:
12071.5. (a) The licensee shall maintain and make available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(b) On the date of
receipt, the licensee shall report to the Department of Justice in a
format prescribed by the department the acquisition by the licensee
of the ownership of a handgun.
(c) The provisions of this section shall not apply to any of the
following transactions:
(1) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(2) The dealer acquired the firearm from a wholesaler.
(3) The dealer is also licensed as a secondhand dealer pursuant to
Article 4 (commencing with Section 21625) of Chapter 9 of Division 8
of the Business and Professions Code.
(4) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and any regulations issued pursuant thereto.
(5) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(d) The licensee shall forward in a format prescribed by the
Department of Justice, information as required by the department on
any firearm that is not delivered within the time period set forth in
Section 478.102 (c) of Title 27 of the Code of Federal Regulations.
(e) For purposes of subdivision (a):
(1) A "firearms transaction record" is a record containing the
same information referred to in subdivision (a) of Section 478.124,
Section 478.124a, and subdivision (e) of Section 478.125 of Title 27
of the Code of Federal Regulations.
(2) A licensee shall be in compliance with the provisions of
subdivision (a) if he or she maintains and makes available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, the bound book containing the same information
referred to in Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
records referred to in subdivision (a) of Section 478.124 of Title 27
of the Code of Federal Regulations.
(f) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section.
SEC. 18. Section 12071.6 is added to the Penal Code, to read:
12071.6. (a) The licensee shall report the loss or theft of any
firearm that is merchandise of the licensee, any firearm that the
licensee takes possession of pursuant to Section 12082, or any
firearm kept at the licensee's place of business within 48 hours of
discovery to the appropriate law enforcement agency in the city,
county, or city and county where the licensee's business premises are
located.
(b) Any time when the licensee is not open for business,
the licensee shall store all firearms kept in his or her licensed
place of business using one of the following methods as to each
particular firearm:
(1) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(2) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(c) The licensing authority in an unincorporated area of a county
or within a city may impose security requirements that are more
strict or are at a higher standard than those specified in
subdivision (i).
(d) Subdivisions (b) and (c) shall not apply to a licensee
organized as a nonprofit public benefit or mutual benefit corporation
organized pursuant to Part 2 (commencing with Section 5110) or Part
3 (commencing with Section 7110) of Division 2 of the Corporations
Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not handguns.
(e) For purposes of this section, the following definitions shall
apply:
(1) "Licensed premises," "licensed place of business," "licensee's
place of business," or "licensee's business premises" means the
building designated in the license.
(2) "Secured" means a firearm that is made inoperable in one or
more of the following ways:
(A) The firearm is inoperable because it is secured by a firearms
safety device listed on the department's roster of approved firearms
safety devices pursuant to subdivision (d) of Section 12088 of this
chapter.
(B) The firearm is stored in a locked gun safe or long-gun safe
which meets the standards for department-approved gun safes set forth
in Section 12088.2.
(C) The firearm is stored in a distinct locked room or area in the
building that is used to store firearms that can only be unlocked by
a key, a combination, or similar means.
(D) The firearm is secured with a hardened steel rod or cable that
is at least one-eighth of an inch in diameter through the trigger
guard of the firearm. The steel rod or cable shall be secured with a
hardened steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(3) "Secure facility" means a building that meets all of the
following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(f) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
subdivision (b) if the licensee is unable to comply with those
requirements because of local ordinances, covenants, lease
conditions, or similar circumstances not under the control of the
licensee.
(g) A license granted pursuant to Section 12071 is subject to
forfeiture for a breach of any of the prohibitions and requirements
of this section.
SEC. 19. Section 12071.7 is added to the Penal Code, to read:
12071.7. (a) Except as otherwise provided in this section, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to Section 12071. The department may remove from
this list any person who knowingly or with gross negligence violates
this article. Upon removal of a dealer from this list, notification
shall be provided to local law enforcement and licensing authorities
in the jurisdiction where the dealer's business is located.
(b) The
department shall make information from the centralized list available
upon request to local, state, and federal law enforcement agencies
and the duly constituted licensing authorities of any city, county,
or city and county.
(c) The department may make the following information from the
centralized list available to the general public via the Internet:
(1) The federal firearms license number (FFL number).
(2) The licensee's name.
(3) The licensee's business name.
(4) The licensee's business address.
(d) The department may inspect dealers to ensure compliance with
this article. The department may assess an annual fee, not to exceed
one hundred fifteen dollars ($115), to cover the reasonable cost of
maintaining the list described in subdivision (a), including the cost
of inspections. Dealers whose place of business is in a jurisdiction
that has adopted an inspection program to ensure compliance with
firearms law shall be exempt from that portion of the department's
fee that relates to the cost of inspections. The applicant is
responsible for providing evidence to the department that the
jurisdiction in which the business is located has the inspection
program.
(e) The department shall maintain and make available upon request
information concerning the number of inspections conducted and the
amount of fees collected pursuant to subdivision (e), a listing of
exempted jurisdictions, as defined in subdivision (e), the number of
dealers removed from the centralized list defined in subdivision (a),
and the number of dealers found to have violated this article with
knowledge or gross negligence.
SEC. 20. Section 12072 of the Penal Code is amended to read:
12072. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of a firearm to
any person within any of the classes prohibited by Section 12021 or
12021.1.
(2) No person, corporation, or dealer shall sell, supply,
deliver, or give possession or control of a firearm to any person
whom he or she has cause to believe to be within any of the classes
prohibited by Section 12021 or 12021.1 of this code or Section 8100
or 8103 of the Welfare and Institutions Code.
(3) (A) No person, corporation, or firm shall sell, loan, or
transfer a firearm to a minor, nor sell a handgun to an individual
under 21 years of age.
(B) Subparagraph (A) shall not apply to or affect those
circumstances set forth in subdivision (p) of Section 12078.
. . . .
(6) The dealer shall comply with the provisions of
paragraph (18) of subdivision subdivisions (b)
and (c) of Section 12071 12071.5.
(7) The dealer shall comply with the provisions of
paragraph (19) of subdivision (b)
(d) of Section 12071 12071.5.
. . . .
(c) No dealer, whether or not acting pursuant to Section 12082,
shall deliver a firearm to a person, as follows:
(1) Within 10 days of the application to purchase, or, after
notice by the department pursuant to subdivision (d) of Section
12076, within 10 days of the submission to the department of any
correction to the application, or within 10 days of the submission to
the department of any fee required pursuant to subdivision (e) of
Section 12076, whichever is later.
(2) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(3) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age, as
defined in Section 12071 12071.2, to
the dealer.
. . . .
(e) No person may commit an act of collusion relating to Article 8
(commencing with Section 12800) of Chapter 6. For purposes of this
section and Section 12071 12071.1,
collusion may be proven by any one of the following factors:
. . . .
(f) (1) No person who is licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
shall deliver, sell, or transfer a firearm to a person who is
licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and whose licensed premises are
located in this state unless:
(A) Prior to
January 1, 2005, the intended recipient does one of the following:
(i) Presents proof
of licensure pursuant to Section 12071 to that person.
(ii) Presents proof
that he or she is exempt from licensure under Section 12071 to that
person, in which case the person also shall present proof that the
transaction is also exempt from the provisions of subdivision (d).
(B) Commencing January 1, 2005, one of the following is satisfied:
(i) The person intending to deliver, sell, or transfer the
firearms obtains from the department, prior to delivery, a unique
verification number pursuant to subdivision (i) of Section 12071. The
person intending to deliver, sell, or transfer firearms shall
provide the unique verification number to the recipient along with
the firearms upon delivery, in a manner to be determined by the
department.
(ii) The intended recipient presents proof that he or she is
exempt from licensure under Section 12071 to that person, in which
case the person also shall present proof that the transaction is also
exempt from the provisions of subdivision (d).
(2)
[Following is replacement par (1) of subd (f).]
Commencing January 1, 2005, [before this
bill is even approved]
a person who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code may not
deliver, sell, or transfer a firearm to a person licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code unless, prior to delivery, the person intending to
deliver, sell, or transfer the firearm obtains a verification number
via the Internet for the intended delivery, sale or transfer, from
the department.
(2) For every verification number request received pursuant to
this section, the department shall determine whether the intended
recipient is on the centralized list of firearms dealers pursuant to
Section 12071.7, or the centralized list of exempted federal firearms
licensees pursuant to subdivision (a) of Section 112083, or the
centralized list of firearms manufacturers pursuant to subdivision
(f) of Section 12086.
(3) If the department finds that the intended recipient is on one
of these lists, the department shall issue to the inquiring party, a
unique verification number for the intended delivery, sale, or
transfer. In addition to the unique verification number, the
department may provide to the inquiring party information necessary
for determining the eligibility of the intended recipient to receive
the firearm. The person intending to deliver, sell, or transfer the
firearm shall provide the unique verification number to the recipient
along with the firearm upon delivery, in a manner to be determined
by the department.
(4) If the department finds that the intended recipient is not on
one of these lists, the department shall notify the inquiring party
that the intended recipient is ineligible to receive the firearm.
(5) The department shall prescribe the manner in which the
verification numbers may be requested via the Internet, including all
required enrollment information and procedures.
(g) (1) (A) On or after January
1, 1998, within 60 days of bringing a pistol, revolver, or other
firearm capable of being concealed upon the person into this state, a
personal handgun importer shall do one of the following:
. . . .
(3)
(2) Where a person who is licensed as a
collector pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto, whose licensed premises are within this state,
acquires a pistol, revolver, or other firearm capable of being
concealed upon the person that is a curio or relic, as defined in
Section 478.11 of Title 27 of the Code of Federal Regulations,
outside of this state, takes actual possession of that firearm
outside of this state pursuant to the provisions of subsection (j) of
Section 923 of Title 18 of the United States Code, as amended by
Public Law 104-208, and transports that firearm into this state,
within five days of that licensed collector transporting that firearm
into this state, he or she shall report to the department in a
format prescribed by the department his or her acquisition of that
firearm.
(4)
(3) (A) It is the intent of the Legislature
that a violation of paragraph (1) or (2) or (3)
shall not constitute a "continuing offense" and the statute
of limitations for commencing a prosecution for a violation of
paragraph (1) or (2) or (3) commences
on the date that the applicable grace period specified in paragraph
(2) or (3) expires.
(B) Paragraphs (1) and (2) and (3)
shall not apply to a person who reports his or her ownership of a
pistol, revolver, or other firearm capable of being concealed upon
the person after the applicable grace period specified in paragraph
(1) or (2) or (3) expires if evidence
of that violation arises only as the result of the person submitting
the report described in paragraph (1) or (2) or (3).
(g)
(h) (1) Except as provided in paragraph (2),
(3), or (5), a violation of this section is a misdemeanor.
. . . .
SEC. 21. Section 12076 of the Penal Code is amended to read:
12076. (a) (1) Before January 1, 1998, the Department of Justice
shall determine the method by which a dealer shall submit firearm
purchaser information to the department and the information shall be
. . . .
(b) (1) Where the register is used, the purchaser of any firearm
shall be required to present clear evidence of his or her identity
and age, as defined in Section 12071 12071.2,
to the dealer, and the dealer shall require him or her to
sign his or her current legal name and affix his or her residence
address and date of birth to the register in quadruplicate. The
. . . .
(c) (1) Where the electronic or telephonic transfer of applicant
information is used, the purchaser shall be required to present clear
evidence of his or her identity and age, as defined in Section
12071 12071.2, to the dealer, and the
dealer shall require him or her to sign his or her current legal name
. . . .
(d) (1) The department shall examine its records, as well as those
records that it is authorized to request from the State Department
of Mental Health pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in Section 12021, 12021.1, or subparagraph (A) of
paragraph (9) of subdivision (a) of Section 12072 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
. . . .
(4) If the department determines that the copies of the register
submitted to it pursuant to paragraph (3) of subdivision (b) contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the pistol, revolver,
or other firearm to be purchased, or if any fee required pursuant to
subdivision (e) is not submitted by the dealer in conjunction with
submission of copies of the register, the department may notify the
dealer of that fact. Upon notification by the department, the dealer
shall submit corrected copies of the register to the department, or
shall submit any fee required pursuant to subdivision (e), or both,
as appropriate and, if
notification by the department is received by the dealer at any time
prior to delivery of the firearm to be purchased, the dealer shall
withhold delivery until the conclusion of the waiting period
described in Sections 12071 12071.2 and
12072.
(5) If the department determines that the information transmitted
to it pursuant to subdivision (c) contains inaccurate or incomplete
information preventing identification of the purchaser or the pistol,
revolver, or other firearm capable of being concealed upon the
person to be purchased, or if the fee required pursuant to
subdivision (e) is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to subdivision (e), or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 12071
12071.2 and 12072.
. . . .
(f) (1) The Department of Justice may charge a fee sufficient to
reimburse it for each of the following but not to exceed fourteen
dollars ($14), except that the fee may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
compiled and reported by the California Department of Industrial
Relations:
(A) For the actual costs associated with the preparation, sale,
processing, and filing of forms or reports required or utilized
pursuant to Section 12078 if neither a dealer nor a law enforcement
agency acting pursuant to Section 12084 is filing the form or report.
(B) For the actual processing costs associated with the submission
of a Dealers' Record of Sale to the department by a dealer or of the
submission of a LEFT to the department by a law enforcement agency
acting pursuant to Section 12084 if the waiting period described in
Sections 12071 12071.2, 12072, and
12084 does not apply.
(C) For the actual costs associated with the preparation, sale,
processing, and filing of reports utilized pursuant to subdivision
(l) of Section 12078 or paragraph (18) of
subdivision (b) of Section 12071 12071.5,
or clause (i) of subparagraph (A) of paragraph (2) of
subdivision (f) of Section 12072, or paragraph (3) of subdivision (f)
of Section 12072.
(D) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to subdivision (c).
. . . .
(j) Only one fee shall be charged pursuant to this section for a
single transaction on the same date for taking title or possession of
any number of firearms pursuant to paragraph (18) of
subdivision (b) of Section 12071
12071.5 or subdivision (c) or (i) of Section 12078.
. . . .
(l) As used in this section, the following definitions apply:
(1) "Purchaser" means the purchaser or transferee of a firearm or
a person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
(4) "Seller" means, if the transaction is being conducted pursuant
to Section 12082, the person selling, loaning, or transferring the
firearm.
SEC. 22. Section 12078 of the Penal Code is amended to read:
12078. (a) (1) The waiting periods described in Sections
12071 12071.2, 12072, and 12084 shall not
apply to deliveries, transfers, or sales of firearms made to persons
properly identified as full-time paid peace officers as defined in
. . . .
(b) (1) Section Sections 12071,
12071.1, 12071.2, 12071.3, 12071.5, subdivisions (c) and (d) of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to deliveries, sales, or transfers of firearms between or to
importers and manufacturers of firearms licensed to engage in that
business pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued
pursuant thereto.
. . . .
(e) Section Sections 12071,
12071.1, 12071.2, 12071.3, 12071.5, subdivisions (c) and (d) of
Section 12072, and subdivision (b) of Section 12801 shall not apply
to the delivery of a firearm to a gunsmith for service or repair, or
to the return of the firearm to its owner by the gunsmith.
. . . .
(g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a handgun, at
auctions or similar events conducted by nonprofit mutual or public
benefit corporations organized pursuant to the Corporations Code.
As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a handgun, if the firearm is donated
for an auction or similar event described in paragraph (1) and the
firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
(3) The waiting period described in Sections 12071
12071.2 and 12072 shall not apply to a dealer
who delivers a firearm other than a handgun at an auction or similar
event described in paragraph (1), as authorized by
subparagraph (C) of paragraph (1) of subdivision (b) of
Section 12071 12071.1. Within two
business days of completion of the application to purchase, the
dealer shall forward by prepaid mail to the Department of Justice a
report of the same as is indicated in subdivision (c) of Section
12077. If the electronic or telephonic transfer of applicant
information is used, within two business days of completion of the
application to purchase, the dealer delive