BILL NUMBER: SB 59 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 2, 2005
AMENDED IN ASSEMBLY JUNE 15, 2005
AMENDED IN SENATE APRIL 20, 2005
INTRODUCED BY Senator Lowenthal
JANUARY 13, 2005
An act to amend Sections 12001 and 12071 of, and to add Section
12043 to, the Penal Code, relating to [reporting loss/theft of] firearms.
Amendments shown in the SEC 1 of the bill are with respect to existing
law. That is, they incorporate all changes made to the bill. Changes shown in the rest
of the bill are with respect to an earlier version of the bill. Additions are shown in
bold italics. The SEC. 1.5 added by the Sep. 2 amendment is deleted for simplicity.
Voluminous material with no proposed change is deleted for simplicity.
LEGISLATIVE COUNSEL'S DIGEST
SB 59, as introduced, Lowenthal. Firearms: loss and theft.
Existing law defines "firearm" and provides that for certain
purposes, including certain offenses, "firearm" includes the frame or
receiver of the weapon.
This bill would provide that the term "firearm" includes the frame
or receiver of the weapon for purposes of the offense of failure to
report a stolen or lost firearm. [new 12043]
Existing law generally regulates the possession of firearms.
This bill would [for firearms acquired, re-acquired,
or registered by the DoJ after 2005] make it an infraction for any
person whose handgun
is stolen or irretrievably lost to fail, within 5 working days after
his or her discovery or knowledge of, or within 5 working days after
the date he or she should reasonably have known of, the theft of
loss, to report the theft or loss to a local law enforcement agency
of the jurisdiction in which the theft or loss occurred or in which
the person resides. The bill would require specified notices of
this requirement to persons acquiring handguns after January 1, 2006,
as specified. The bill would provide that is does not prevent local
governments are not prohibited from enacting ordinances imposing reporting requirements
that are more strict than those specified in the bill. The bill would require
the Attorney General, in cooperation with law enforcement agencies
and firearms related organizations to develop a protocol for the
implementation of these provisions, as specified, on or before April
1, 2006.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would in SEC. 1.5 incorporate additional changes to Section 12001 of
the Penal Code proposed by AB 1060, to be operative if this bill and
AB 1060 are enacted and become effective on or before January 1,
2006, and this bill is enacted last.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that 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 12001 of the Penal Code is amended to read:
12001. (a) (1) As used in this title, [Title 2, "Control of Deadly
Weapons, Sec. 12001-12999 ] 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)) [sic] As used in Sections 12021, 12021.1, 12043, 12070,
12071, 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 12043, 12070, 12071, and
paragraph (8) of subdivision (a), and subdivisions (b), (C)), [sic] (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.
(f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
. . . . .
(I) [should be "i"] As used in Section 12071, 12072, or 12084,
"application to purchase" means any of the following:
. . . . .
(k) For purposes of Sections 12021, 12021.1, 12025, 12043,
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.
. . . . .
[Includes replacing "pistol, revolver, or
other firearm capable of being concealed upon the person" with
"handgun" in subdivision (n).]
SEC. 2. Section 12043 is added to the Penal Code, to read:
12043. (a) Any person whose handgun who
acquires or reacquires ownership of a handgun, or who reports his or
her ownership of a handgun to the Department of Justice on or after
January 1, 2006, and thereafter the handgun is stolen or irretrievably
lost, lost on or after January 1, 2006, shall, within five working days
after his or her discovery or knowledge of, or within five working
days after the date he or she should reasonably have known of, the
theft or loss, report the theft or loss to a local law enforcement
agency of the jurisdiction in which the theft or loss occurred or in
which the person resides.
(b) Any person who violates subdivision (a)
is guilty of an infraction punishable as follows:
(1) For a first violation of this section, by a fine not to exceed
one hundred dollars ($100).
(2) For a second or subsequent violation of this section, by a
fine not to exceed two hundred and fifty dollars ($250).
(c) Any person who complies with subdivision (a) shall be immune
from any civil liability for the illicit use or possession of the
firearm occurring after the theft or loss. This subdivision shall not
apply if the person had prior knowledge of the misconduct or was
negligent with respect to the theft orf loss of the firearm.
(d) No charge may be imposed for submitting a report pursuant to
this section.
(e) The Department of Justice shall, in promulgating forms and
reports pursuant to any provision of law that requires or allows a person
to report his or her ownership of a handgun to the department, include
information indicating the reporting requirements of this section.
(f) Commencing January 1, 2006, the licensee shall, at the time of
delivering a handgun to a person acquiring ownership or to a person
complying with the requirements of paragraph (2) of subdivision (f)
of Section 12072, provide the person with a written notice of the
requirements of this section in a format prescribed by the
department. The licensee shall sign and date an affidavit in
duplicate stating that the person receiving the handgun has been
given the notice. The licensee shall additionally obtain the
signature of the person receiving the handgun on the same affidavit.
The licensee shall retain the original affidavit and provide the
duplicate to the person receiving the handgun.
(g) Nothing in this section shall be construed to prevent a local
government from enacting an ordinance imposing reporting requirements
that are more strict than those specified in subdivision (a).
(h) Compliance with this section does not require that a person
reporting a lost or stolen handgun report the make, model, and serial
number of the handgun.
(i) The Attorney General, in cooperation with those law
enforcement agencies and firearms related organizations as may choose
to do so, shall develop a protocol for the implementation of the
provisions of this section. The protocol shall be designed to
facilitate the enforcement of the provisions of this section and
shall require law enforcement agencies to assume primary
responsibility, working with the department and the reporting party,
to assure that accurate and complete information as to those handguns
reported missing or stolen are obtained from the department's
registry referred to in Section 11106 and are then entered into the
appropriate department automated property system. The protocol shall
be completed on or before April 1, 2006.
(j) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
different provisions of this code shall not be punished under more
than one provision.
SEC. 3. Section 1.5 of this bill incorporates . . .