CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1253

Introduced by Senator Gonzalez

February 15, 2024

An act to amend Sections 31610, 31615, 31625, 31640, and 31655 of, and to add Section 31615.1 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1253, as introduced, Gonzalez. Firearms: firearm safety certificates.
Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor.
Existing law expresses the intent of the Legislature to require persons who obtain firearms to have a basic familiarity with those firearms including the safe handling and storage of those firearms. Existing law expresses the intent of the Legislature not to require a firearm safety certificate for the mere possession of a firearm.
Existing law requires the Department of Justice to develop and periodically update a study guide and written test for a firearm safety certificate. Existing law requires an applicant to pass the written test to obtain or renew a firearm safety certificate. Existing law authorizes a fee of $25 to obtain or renew a firearm safety certificate. Existing law provides that a firearm safety certificate shall expire 5 years after the date of issuance.
This bill would, commencing on January 1, 2026, prohibit a person from possessing a firearm without the possession of a valid, unexpired firearm safety certificate. A violation of this prohibition would be punishable as a misdemeanor. This bill would require any person moving into the state with a firearm to obtain a firearm safety certificate within 60 days after arriving in the state. The bill would allow a person with an expired certificate a 60-day grace period in which to renew the certificate. The bill would also require the Department of Justice to notify certificate holders in a timely manner when their certificates are expiring.
By expanding the application of an existing crime, 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   Local Program: YES  

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


SECTION 1.

 Section 31610 of the Penal Code is amended to read:

31610.
 (a)It is the intent of the Legislature in enacting this article to require that persons who obtain firearms have a basic familiarity with those firearms, including, but not limited to, the safe handling and storage of those firearms. It is not the intent of the Legislature to require a firearm safety certificate for the mere possession of a firearm.

(b)This section shall become operative on January 1, 2015.

SEC. 2.

 Section 31615 of the Penal Code is amended to read:

31615.
 (a) A person shall not do either any of the following:
(1) Purchase or receive any firearm, except an antique firearm, without a valid valid, unexpired firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. certificate.
(2) Commencing on January 1, 2026, and except as otherwise provided in Section 31651.1 and subdivision (c) of Section 31655, possess any firearm, except an antique firearm, without a valid, unexpired firearm safety certificate.

(2)

(3) Sell, deliver, loan, or transfer any firearm, except an antique firearm, to any person who does not have a valid valid, unexpired firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. certificate.
(b) Any person who violates subdivision (a) is guilty of a misdemeanor.
(c) 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 different provisions of this code shall not be punished under more than one provision.

(d)This section shall become operative on January 1, 2015.

SEC. 3.

 Section 31615.1 is added to the Penal Code, to read:

31615.1.
 Within 60 days of bringing any firearm, except an antique firearm, into this state, a personal firearm importer shall obtain a firearm safety certificate.

SEC. 4.

 Section 31625 of the Penal Code is amended to read:

31625.
 (a) A certified instructor shall not issue a firearm safety certificate to to, or renew the firearm safety certificate of, any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine.
(b) A certified instructor shall not issue a firearm safety certificate to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the department to revoke the instructor’s certification to issue firearm safety certificates.

(d)This section shall become operative on January 1, 2015.

SEC. 5.

 Section 31640 of the Penal Code is amended to read:

31640.
 (a) The department shall develop a written objective test, in English, Spanish, traditional Chinese, simplified Chinese, Tagalog, Vietnamese, Korean, Dari, and Armenian, and prescribe its content, form, and manner, to be administered by an instructor certified by the department.
(b) If the person taking the test is unable to read, the test shall be administered orally. If the person taking the test is unable to read any of the languages described in subdivision (a), the test may be administered orally by a translator.
(c) The test shall cover, but not be limited to, all of the following:
(1) The laws applicable to carrying and handling firearms, particularly handguns.
(2) The responsibilities of ownership of firearms, particularly handguns.
(3) Current law as it relates to the private sale and transfer of firearms.
(4) Current law as it relates to the permissible use of lethal force.
(5) What constitutes Current law as it relates to safe firearm storage.
(6) The reasons for and risks of owning a firearm and bringing a firearm into the home, including the increased risk of death to someone in the household by suicide, homicide, or unintentional injury.
(7) Prevention strategies to address the risks associated with bringing firearms into the home.
(8) Current law as it relates to eligibility to own or possess a firearm, gun violence restraining orders, domestic violence restraining orders, and privately manufactured firearms.
(d) Commencing January 1, 2019, the The test shall require the applicant to be provided with, and acknowledge receipt of, the following warning information:
(1) “Firearms must be handled responsibly and securely stored to prevent access by children and other unauthorized users. California has strict laws pertaining to firearms and you can be fined or imprisoned if you fail to comply with them. Visit the website of the California Attorney General at https://oag.ca.gov/firearms for information on firearm laws applicable to you and how you can comply.”
(2) “If you decide to sell or give your firearm to someone, you must generally complete a ‘Dealer Record of Sale (DROS)’ form and conduct the transfer through a licensed firearms dealer. Remember, it is generally a crime to transfer a firearm without first filling out this form. If the police recover a firearm that was involved in a crime, the firearm’s previous owner may be prosecuted if the previous owner did not fill out the DROS form. Please make sure you go to a licensed firearms dealer and fill out that form if you want to sell or give away your firearm.”
(3) “If you or someone you know is contemplating suicide, please call the national suicide prevention lifeline at 1-800-273-TALK (8255).”
(e) (1) The department shall update test materials related to this article at least once every five years.
(2) The department shall update the internet website referenced in subdivision (d) regularly to reflect current laws and regulations.
(f) A dealer licensed pursuant to Sections 26700 to 26915, inclusive, or an employee, or a managing officer or partner certified as an instructor pursuant to this article, shall designate a separate room or partitioned area for a person to take the objective test, and maintain adequate supervision to ensure that no acts of collusion occur while the objective test is being administered.
(g) The department shall update the test to reflect amendments to subdivision (c) made by the act that added this subdivision during the first regularly scheduled update of the test required pursuant to subdivision (e) that occurs after January 1, 2024.

SEC. 6.

 Section 31655 of the Penal Code is amended to read:

31655.
 (a) The department shall develop firearm safety certificates to be issued by instructors certified by the department to those persons who have complied with this article.
(b) A firearm safety certificate shall include, but not be limited to, the following information:
(1) A unique firearm safety certificate identification number.
(2) The holder’s full name.
(3) The holder’s date of birth.
(4) The holder’s driver’s license or identification number.
(5) The holder’s signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The firearm safety certificate shall expire five years after the date that it was issued by the certified instructor. instructor, except that for purposes of compliance with paragraph (2) of subdivision (a) of Section 31615, the certificate shall be deemed valid and the holder may renew the certificate within 60 days after expiration.
(d) The department shall, in a timely manner and in a form determined by the department, notify each holder of a firearm safety certificate that is nearing expiration, that their firearm safety certificate is going to expire and requires renewal.

(d)This section shall become operative on January 1, 2015.

SEC. 7.

 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.