BILL NUMBER: AB 1798 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Public Safety
FEBRUARY 18, 2014
An act to amend Sections 11106, 11108.9, 16190, 16540, 16850,
17170, 17180, 17190, 27210, 28480, and 28490 of the Penal Code,
relating to deadly weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 1798, as introduced, Committee on Public Safety. Deadly
weapons.
Existing law requires the Attorney General to keep records of
copies of fingerprints and licenses to carry concealed firearms and
other documents relating to the transfer of firearms, and authorizes
the dissemination of specified information relating to firearms
transactions and possession by law enforcement agencies, the courts,
and other specified officers if certain conditions are met. Existing
law requires local law enforcement agencies to develop a plan for
reduction in the number of recovered firearms that cannot be traced
due to obliterated serial numbers. Existing law defines the terms
"application to purchase," "firearm safety device," "locked
container," "short-barreled rifle," "short-barreled shotgun," and
"shotgun" for purposes of firearms regulation. Existing law requires
the producer and facility's manager of a gun show or event to prepare
an annual event and security plan regarding the show or event.
Existing law authorizes the Department of Justice to conduct onsite
inspections at the business premises of federal firearms licensees,
and authorizes the department to adopt regulations necessary to
maintain a centralized list of federal firearms licensees and
regulate those licensees.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code is amended to read:
11106. (a) (1) In order to assist in the
investigation of crime, the prosecution of civil actions by city
attorneys pursuant to paragraph (3) of subdivision (b), 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 26150, 26155,
26170, or 26215, information reported to the Department of Justice
pursuant to Section 26225 or 29830, dealers' records of sales of
firearms, reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585,
forms provided pursuant to Section 12084, as that section read prior
to being repealed, reports provided pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that
are not dealers' records of sales of firearms, information provided
pursuant to Section 28255, 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. all of the
following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to
Section 26225 or 29830.
(D) Dealers' records of sales of firearms.
(E) Reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585.
(F) Forms provided pursuant to Section 12084, as that section read
prior to being repealed on January 1, 2006.
(G) Reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers'
records of sales of firearms.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in
any city or county of this state.
(2) The Attorney General shall, upon proper application therefor,
furnish the information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Section 28255.
(G) Any other law.
(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 firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585, Section 28255, 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 firearm 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 any provision listed in
subdivision (a) of Section 16585 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 firearm 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, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(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 firearm.
(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.
(c) (1) Any If the conditions specified in
paragraph (2) are met, any officer referred to in paragraphs
(1) to (6), inclusive, of subdivision (b) of Section 11105 may
disseminate the name of the subject of the record, the number of the
firearms listed in the record, and the description of any firearm,
including the make, model, and caliber, from the record relating to
any firearm's sale, transfer, registration, or license record, or any
information reported to the Department of Justice pursuant to
Section 26225, Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) of Chapter 2 of Division 6
of Title 4 of Part 6, Article 1 (commencing with Section 27500) of
Chapter 4 of Division 6 of Title 4 of Part 6, Chapter 5 (commencing
with Section 28050) of Division 6 of Title 4 of Part 6, Article 2
(commencing with Section 28150) of Chapter 6 of Division 6 of Title 4
of Part 6, Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6, Chapter 2 (commencing with Section
33850) of Division 11 of Title 4 of Part 6, or any provision listed
in subdivision (a) of Section 16585, if the following conditions are
met: any of the following:
(A) Section 26225.
(B) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6
(E) Article 2 (commencing with Section 28150) of Chapter 6 of
Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of
Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only
if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2)
(3) The victim or person to whom information is
disseminated pursuant to this subdivision may disclose it as he or
she deems necessary to protect himself or herself or another person
from bodily harm by the person who is the subject of the record.
SEC. 2. Section 11108.9 of the Penal Code is amended to read:
11108.9. Each local law enforcement agency shall develop, in
conjunction with and subject to the approval of the Department of
Justice, a succinct Serial Number Restoration Plan setting forth the
goals for reduction in the number of recovered firearms that cannot
be traced due to obliterated serial numbers, and the methods that the
local agency will follow in order to achieve these goals, including,
but not limited to, establishing local programs for restoring serial
numbers and accessing resources of the Department of Justice or the
federal Bureau of Alcohol, Tobacco, and
Firearms and Explosives for restoring serial numbers.
These plans shall be submitted to the Department of Justice by
January 1, 2000.
SEC. 3. Section 16190 of the Penal Code is amended to read:
16190. As used in Article 2 (commencing with Section
26800) of Chapter 2 of Division 6 of Title 4, and in Article 1
(commencing with Section 27500) of Chapter 4 of Division 6 of Title
4, this part, "application to purchase" means
either of the following:
(a) The initial completion of the register by the purchaser,
transferee, or person being loaned a firearm, as required by Section
28210.
(b) The initial completion and transmission to the Department of
Justice of the record of electronic or telephonic transfer by the
dealer on the purchaser, transferee, or person being loaned a
firearm, as required by Section 28215.
SEC. 4. Section 16540 of the Penal Code is amended to read:
16540. As used in Section 25135 and Division 2
(commencing with Section 23620) of Title 4, this part,
"firearm safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized users
from firing a firearm. The device may be installed on a firearm, be
incorporated into the design of the firearm, or prevent access to the
firearm.
SEC. 5. Section 16850 of the Penal Code is amended to read:
16850. As used in Sections 17740, 23925, 25105, 25205,
25135, and 25610, in Article 3 (commencing with Section 25505) of
Chapter 2 of Division 5 of Title 4, in Chapter 6 (commencing with
Section 26350) of Division 5 of Title 4, and in Chapter 7 (commencing
with Section 26400) of Division 5 of Title 4, this
part, "locked container" means a secure container that is fully
enclosed and locked by a padlock, keylock, combination lock, or
similar locking device. The term "locked container" does not include
the utility or glove compartment of a motor vehicle.
SEC. 6. Section 17170 of the Penal Code is amended to read:
17170. As used in Sections 16530 and 16640, Sections
17720 to 17730, inclusive, Section 17740, Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, this part, "short-barreled rifle" means any
of the following:
(a) A rifle having a barrel or barrels of less than 16 inches in
length.
(b) A rifle with an overall length of less than 26 inches.
(c) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(d) Any device that may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
SEC. 7. Section 17180 of the Penal Code is amended to read:
17180. As used in Sections 16530 and 16640, Sections
17720 to 17730, inclusive, Section 17740, Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1
(commencing with Section 33210) of Chapter 8 of Division 10 of Title
4, this part, "short-barreled shotgun" means any
of the following:
(a) A firearm that is designed or redesigned to fire a fixed
shotgun shell and has a barrel or barrels of less than 18 inches in
length.
(b) A firearm that has an overall length of less than 26 inches
and that is designed or redesigned to fire a fixed shotgun shell.
(c) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
(d) Any device that may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subdivisions (a) to (c), inclusive.
(e) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subdivisions (a) to (c),
inclusive, or any combination of parts from which a device defined in
subdivisions (a) to (c), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
SEC. 8. Section 17190 of the Penal Code is amended to read:
17190. As used in Sections 16530, 16640, 16870, and 17180,
Sections 17720 to 17730, inclusive, Section 17740,
subdivision (f) of Section 27555, Section 30215, and
Article 1 (commencing with Section 33210) of Chapter 8 of Division 10
of Title 4, "shotgun" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in a
fixed shotgun shell to fire through a smooth bore either a number of
projectiles (ball shot) or a single projectile for each pull of the
trigger.
SEC. 9. Section 27210 of the Penal Code is amended to read:
27210. (a) The producer and facility
facility's manager of a gun show or event shall prepare an
annual event and security plan and schedule that shall include, at a
minimum, the following information for each show or event:
(1) The type of show or event 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 show or event.
(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 facility's 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.
(b) 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.
(c) If significant changes have been made since the annual plan
was submitted, the producer shall, not later than 15 days before
commencement of the gun show or event, 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, 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.
(d) The event and security plan shall be approved by the facility'
s manager before the event or show, after consultation with the law
enforcement agency with jurisdiction over the facility.
(e) No gun show or event shall commence unless the requirements of
subdivisions (b), (c), and (d) are met.
SEC. 10. Section 28480 of the Penal Code is amended to read:
28480. (a) The department may conduct onsite inspections at the
business premises of a person on the centralized list described in
Section 28450 to determine compliance with firearms laws pursuant to
the provisions listed in Section 16575.
(b) The department shall work in consultation with the
federal Bureau of Alcohol, Tobacco, Firearms,
Firearms and Explosives to ensure that licensees
are not subject to duplicative inspections.
(c) During the inspection the following firearm records shall be
made available for review:
(1) Federal records referred to in subdivision (a) of Section
478.125 of Title 27 of the Code of Federal Regulations and 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.
(2) Verification numbers issued pursuant to Section 27555.
(3) Any other records requested by the department to determine
compliance with the provisions listed in Section 16575.
SEC. 11. Section 28490 of the Penal Code is amended to read:
28490. The department may adopt regulations as necessary to carry
out the provisions of this article, Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2, and Sections 27555 to 27570, inclusive. The department
shall work in consultation with the federal Bureau of
Alcohol, Tobacco, Firearms, Firearms
and Explosives to ensure that state regulations are not duplicative
of federal regulations.