BILL NUMBER: AB 1609 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 6, 2014
An act to amend Sections 16520 and 27590 of, and to add Section
27585 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1609, as amended, Alejo. Firearms.
Existing law, subject to exceptions, requires a firearm
transaction to be conducted by a licensed firearms dealer. Existing
law establishes requirements that dealers must adhere to in
conducting firearms transactions and when delivering firearms,
including, among others, a 10-day waiting period, purchaser
background check, and possession of a handgun safety certificate by
the purchaser.
This bill would require a California resident who seeks
to own and possess within the state a firearm acquired from outside
the state to have the firearm delivered to a dealer in this state for
delivery pursuant to the above requirements, subject to specified
exceptions would, commencing January 1,
2015, prohibit a resident of this state from importing into this
state, bringing into this state, or transporting into this state, any
firearm that he or she purchased or otherwise obtained on or after
January 1, 2015, from outside of this state unless he or she first
has that firearm delivered to a dealer in this state for delivery to
that resident pursuant to the requirements described above regarding
dealers. The bill would create several exemptions to this
prohibition, as specified . The bill would make a violation of
these provisions involving a firearm that is not a handgun a
misdemeanor, and a violation involving a handgun a misdemeanor or a
felony. By creating a new 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the
intent of the Legislature in adding Section 27585 to the Penal Code
to do all of the following:
(1) Address the circumstances in which a California resident, on
or after January 1, 2015, acquires a firearm outside of California
and then transports, imports, or brings that firearm into California,
in violation of Section 922(a)(3) of Title 18 of the United States
Code, but where the provisions of Section 27545 of the Penal Code do
not apply.
(2) Allow the current brokering processes set forth in Section 922
(a)(3) of Title 18 of the United States Code, Section 27545 of the
Penal Code, and any implementing statutes to continue.
(3) Allow persons who acquire firearms outside of California by
bequest or intestate succession to utilize the functionally same
reporting requirements as apply to an applicable exemption from
Section 27545 if that receipt were to occur within California.
(b) It is not the intent of the Legislature in enacting Section
27585 to affect any of the following:
(1) The lending of firearms by or to California residents that
occur solely outside of California.
(2) The lending of firearms in this state which comply with
statutes that currently govern the lending of firearms.
(3) To impose duplicative and unnecessary reporting requirements
where reporting requirements already apply.
(4) Persons who currently import or bring firearms into California
under current regulatory statutes who comply with those statutes.
(5) To narrow the exemption set forth in Section 27600 of the
Penal Code for law enforcement acquisition of firearms irrespective
of where the physical acquisition of the firearm took place.
SECTION 1. SEC. 2. 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) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) 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) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27585, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(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. SEC. 3. Section 27585 is
added to the Penal Code, to read:
27585. (a) A California resident who seeks to own and possess
within the state a firearm acquired from outside the state shall have
that firearm delivered to a dealer in this state for delivery to
that resident pursuant to the procedures set forth in Section 27540.
27585. (a) Commencing
January 1, 2015, a resident of this state shall not import into this
state, bring into this state, or transport into this state, any
firearm that he or she purchased or otherwise obtained on or after
January 1, 2015, from outside of this state unless he or she first
has that firearm delivered to a dealer in this state for delivery to
that resident pursuant to the procedures set forth in
Section 27540 and Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the
following:
(1) A licensed collector who is subject to and complies with
Section 27565.
(2) A dealer, where if the dealer is
receiving the firearm acting in the
course and scope of his or her activities as a dealer.
(3) A wholesaler where , if the
wholesaler is receiving the firearm acting
in the course and scope of his or her activities as a
wholesaler.
(4) A person licensed as an importer of firearms or ammunition or
licensed as a manufacturer of firearms or ammunition, pursuant to
Section 921 et seq. of Title 18 of the United States Code and the
regulations issued pursuant thereto if the importer or manufacturer
is receiving the firearm acting in the
course and scope of his or her activities as a licensed importer or
manufacturer.
(5) A personal firearm importer who is subject to and complies
with Section 27560.
(6) A licensed collector who is subject to and complies with
Section 27966.
(7) A California resident who acquires ownership of a firearm by
bequest or intestate succession if the acquisition or ownership of
that firearm is exempt from the provisions of Section 27545 pursuant
to, and is in compliance with, Section 27875.
(7) A California resident who acquires ownership of a firearm by
bequest or intestate succession who imports the firearm into this
state, brings the firearm into this state, or transports the firearm
into this state if both of the following conditions apply:
(A) If the firearm is physically received within this state, the
receipt of that firearm by that individual is exempt from the
provisions of Section 27545.
(B) The person who acquired the firearm reports his or her
ownership of that firearm to the Department of Justice in a format
prescribed by the department.
(8) A person who is on the centralized list of exempted federal
firearms licensees pursuant to Section 28450 if that person is acting
in the course and scope of his or her activities as a licensee.
(9) A firearm regulated pursuant to Chapter 1 (commencing with
Section 18710) of Division 5 of Title 2 acquired by a person who
holds a permit issued pursuant to Article 3 (commencing with Section
18900) of Chapter 1 of Division 5 of Title 2, if that person is
acting within the course and scope of his or her activities as a
licensee and in accordance with the terms and conditions of the
permit.
(10) A firearm regulated pursuant to Chapter 2 (commencing with
Section 30500) of Division 10 acquired by a person who holds a permit
issued pursuant to Section 31005, if that person is acting within
the course and scope of his or her activities as a licensee and in
accordance with the terms and conditions of the permit.
(11) A firearm regulated pursuant to Chapter 6 (commencing with
Section 32610) of Division 10 acquired by a person who holds a permit
issued pursuant to Section 32650, if that person is acting within
the course and scope of his or her activities as a licensee and in
accordance with the terms and conditions of the permit.
(12) A firearm regulated pursuant to Article 2 (commencing with
Section 33300) of Chapter 8 of Division 10 acquired by a person who
holds a permit issued pursuant to Section 33300, if that person is
acting within the course and scope of his or her activities as a
licensee and in accordance with the terms and conditions of the
permit.
(13) The importation of a firearm into the state, bringing a
firearm into the state, or transportation of a firearm into the
state, that is regulated by any of the following statutes, if the
acquisition of that firearm occurred outside of California and is
conducted in accordance with the applicable provisions of the
following statutes:
(A) Chapter 1 (commencing with Section 18710) of Division 5 of
Title 2, relating to destructive devices and explosives.
(B) Section 24410, relating to cane guns.
(C) Section 24510, relating to firearms that are not immediately
recognizable as firearms.
(D) Sections 24610 and 24680, relating to undetectable firearms.
(E) Section 24710, relating to wallet guns.
(F) Chapter 2 (commencing with Section 30500) of Division 10,
relating to assault weapons.
(G) Section 31500, relating to unconventional pistols.
(H) Sections 33215 to 33225, inclusive, relating to short-barreled
rifles and short-barreled shotguns.
(I) Chapter 6 (commencing with Section 32610) of Division 10,
relating to machineguns.
(J) Section 33600, relating to zip guns, and the exemptions in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2,
as they relate to zip guns.
(c) The prohibitions provisions of
this section are cumulative and do not restrict 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. SEC. 4. Section 27590 of the
Penal Code is amended to read:
27590. (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 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, or
Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170, or
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.
(1) A violation of Section 27515, 27520, or subdivision (b) of
Section 27500.
(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a
handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a handgun.
(5) A violation of Section 27545 involving a handgun.
(6) A violation of Section 27550.
(7) A violation of Section 27585 involving a handgun.
(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one, two, or three years shall be imposed in addition and consecutive
to the sentence prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section
27500.
(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a
misdemeanor.
(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.
SEC. 4. SEC. 5. 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.