BILL NUMBER: AB 1695 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
INTRODUCED BY Assembly Member Bonta
JANUARY 21, 2016
An act to amend Sections 16520 and 29805 of, and to add
Sections 29305 and 29310 to, Section 29305 to,
the Penal Code, relating to firearms, and making an
appropriation therefor. firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1695, as amended, Bonta. Firearms: notice to
purchasers: false reports of stolen firearms.
(1) Existing law requires each sheriff or police chief executive
to submit descriptions of serialized property, or nonserialized
property that has been uniquely inscribed, which has been reported
stolen, lost, or found directly into the appropriate Department of
Justice automated property system for firearms, stolen bicycles,
stolen vehicles, or other property. Existing law requires that
information about a firearm entered into the automated system for
firearms remain in the system until the reported firearm has been
found. Existing law requires the Department of Justice to implement
an electronic system to receive comprehensive tracing information
from each local law enforcement agency and to forward the information
to the National Tracing Center.
This bill would make it a misdemeanor to report to a local law
enforcement agency that a firearm has been lost or stolen, knowing
that report to be false. The bill would also make it a misdemeanor
for a person convicted of violating this provision to own a firearm
within 10 years of the conviction. The bill would define "firearm"
for these purposes to include the frame or receiver of the weapon,
and to include a rocket, rocket propelled projectile launcher, or
similar device containing an explosive or incendiary material. By
creating new crimes, this bill would impose a state-mandated local
program.
(2) Existing law requires the Department of Justice to develop a
pamphlet that summarizes California firearms laws, and to offer
copies of the pamphlet to firearms dealers for sale to retail
purchasers or transferees of firearms.
This bill would require the Attorney General to send a letter
notice to each individual who has applied to purchase a firearm
informing him or her of laws relating to firearms, gun trafficking,
and safe storage, as provided. The bill would allow the Department of
Justice to use funds in the Firearms Safety and Enforcement Special
Fund, which is continuously appropriated, to pay for the cost of
administering this provision, thereby making an appropriation.
(3)
(2) 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: yes no
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16520 of the Penal Code is amended to read:
16520. (a) As used in this part, "firearm" means a device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of an explosion or other form of
combustion.
(b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Section 29305.
(14) Sections 29610 to 29750, inclusive.
(15) Sections 29800 to 29905, inclusive.
(16) Sections 30150 to 30165, inclusive.
(17) Section 31615.
(18) Sections 31705 to 31830, inclusive.
(19) Sections 34355 to 34370, inclusive.
(20) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
(c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
(1) Subdivisions (a) and (c) of Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Section 25135.
(6) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(7) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(8) Sections 26500 to 26588, inclusive.
(9) Sections 26700 to 26915, inclusive.
(10) Section 27510.
(11) Section 27530.
(12) Section 27540.
(13) Section 27545.
(14) Sections 27555 to 27585, inclusive.
(15) Sections 29010 to 29150, inclusive.
(16) Section 29305.
(e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
(f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
SEC. 2. Section 29305 is added to the Penal Code, to read:
29305. It is unlawful to report to a local law enforcement agency
that a firearm has been lost or stolen, knowing the report to be
false. A violation of this section is a misdemeanor.
SEC. 3. Section 29310 is added to the Penal
Code, to read:
29310. (a) Within 10 days of submission of any application to
purchase a firearm, as defined in Section 16190, including
circumstances in which the waiting period described in Sections 26815
and 27540 does not apply, the Attorney General shall send a notice
to the individual who made the application, informing him or her of
laws relating to firearms, gun trafficking, and safe storage.
(b) The notice shall include all of the following:
(1) California law generally requires that all firearms transfers
be conducted through licensed dealers as provided in Section 27545.
(2) Any exceptions to the requirement that firearms transfers be
conducted through a dealer have strict limitations.
(3) California law has strict limitations on the loaning of
firearms, and on the conditions and circumstances under which a
firearm may be loaned to another person.
(4) California law prohibits any person, corporation, or dealer
from selling, loaning, or transferring a firearm to anyone who is not
the actual purchaser or transferee of the firearm as provided in
Section 27515.
(5) Storage of a firearm where children are likely to gain access
is a criminal offense if the child obtains access and thereby causes
death or injury.
(6) It is a felony under both state and federal law, punishable by
imprisonment in state or federal prison, to acquire a firearm for
another person who is prohibited by law from purchasing the firearm
himself or herself. These transactions are sometimes known as a
"straw purchase" or "straw acquisition."
(7) Cases in which a firearm is found in the possession of a
person other than the registered owner are fully investigated, and in
cases where violations are discovered, they are prosecuted to the
fullest extent of the law by both state and federal authorities.
(c) The notice shall also contain information about how to obtain
additional information from the Department of Justice, including the
department's Internet Web site.
(d) The notice shall also include a link to a page on the
Department of Justice's Internet Web site containing a summary of
state firearm laws, which the department shall prepare and annually
update.
(e) The Department of Justice is authorized to use funds in the
Firearms Safety and Enforcement Special Fund to pay for the cost of
administering this section.
SEC. 4. SEC. 3. Section 29805 of the
Penal Code is amended to read:
29805. (a) Except as provided in Section 29855 or subdivision (a)
of Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d)
of Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5,
245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9,
or 830.95, subdivision (a) of former Section 12100, as that section
read at any time from when it was enacted by Section 3 of Chapter
1386 of the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 29305, 30315, or 32625, subdivision (b) or (d) of Section
26100, or Section 27510, or Section 8100, 8101, or 8103 of the
Welfare and Institutions Code, any firearm-related offense pursuant
to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or
of the conduct punished in subdivision (c) of Section 27590, and
who, within 10 years of the conviction, owns, purchases, receives, or
has in possession or under custody or control, any firearm is guilty
of a public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year or in the state prison, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) The court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated,
or conditioned as provided in Section 29855 or 29860.
SEC. 5. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.