Amended  IN  Senate  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 377

Introduced by Senator Skinner

February 09, 2023

An act to amend Sections 26950 and 32000 of of, to add Sections 32001 and 32002 to, and to add Chapter 3 (commencing with Section 35000) to Division 12 of Title 4 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 377, as amended, Skinner. Firearms: peace officer exemptions. Firearms.
(1) Existing law prohibits a firearms dealer from delivering a firearm within 10 days after the application to purchase or after notice by the Department of Justice that the applicant is not ineligible to possess a firearm, as specified, whichever is later. Existing law exempts from this prohibition the delivery of a firearm to a full-time paid peace officer, as defined, with written authorization from the head of the officer’s employing agency. Existing law also exempts from this prohibition the delivery of a firearm to another dealer, the delivery of a firearm to a person possessing a special weapons permit issued by the Department of Justice, or the delivery of a firearm that is a curio or relic, as defined.
This bill would remove the 10-day waiting period exemption for a peace officer and instead exempt the delivery of a firearm purchased by a law enforcement agency, as defined, to an authorized law enforcement representative of that law enforcement agency for exclusive use by that agency if written authorization, as defined, from the head of the agency authorizing the delivery is presented to the person making the delivery.
(2) Existing law defines the characteristics of an unsafe handgun. Existing law requires the Department of Justice to compile, publish, and thereafter maintain a roster listing all of the handguns that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this state. Existing law prohibits the sale or transfer of a handgun not listed on this roster.
Existing law exempts from this prohibition the sale or purchase of a handgun sold to certain law enforcement agencies and any sworn member of those entities, as specified.
This bill would remove from this exemption the sale or purchase of a handgun sold to a sworn member of these exempt agencies, thereby applying the exemption only to the sale or purchase of a handgun directly to the exempt law enforcement agencies.
The bill would also require specified law enforcement agencies to maintain records pertaining to the purchase of any unsafe handgun, as specified.
By requiring recordkeeping by local agencies, this bill would impose a state-mandated local program.
The bill would also authorize the Department of Justice to inspect specified law enforcement agencies and firearms dealers to ensure compliance with these provisions.
(3) Existing law provides for the licensing and regulation of firearms dealers and manufacturers, as specified.
This bill would require the Department of Justice to establish and maintain a roster of approved firearms dealers and manufacturers that are compliant with federal, state, and local laws and regulations and adhere to public safety principles, as described. The bill would require the department to adopt regulations regarding qualification for the roster and would require the department to, by no later than January 1, 2025, publish an initial roster and thereafter maintain the roster, as specified. The bill would thereafter prohibit any department or agency of the state or any political subdivision of the state from purchasing any firearms, ammunition, or other goods from a licensed firearms dealer or manufacturer that is not listed on the roster. The bill would exempt from this prohibition any purchase or sale made pursuant to a contract executed prior to January 1, 2025.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 26950 of the Penal Code is amended to read:

26950.
 (a) The waiting period described in Section 26815 does not apply to the sale, delivery, or transfer of firearms purchased by a law enforcement agency and received by an authorized law enforcement representative of that law enforcement agency for exclusive use by that agency if written authorization from the head of the agency authorizing the transaction is presented to the person delivering the firearm.
(b) As used in this section, the following terms have the following meanings:
(1) “Law enforcement agency” means any agency or department of the state or any political subdivision thereof that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) “Written authorization” means verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to accept delivery of the firearm and that the firearm is for the exclusive use of the agency by which that person is employed.

SEC. 2.

 Section 32000 of the Penal Code is amended to read:

32000.
 (a) (1) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.
(2) The failure to report to the Department of Justice in accordance with the provisions of paragraph (2) of subdivision (e) the sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000).
(3) In addition to any criminal penalty provided in paragraph (1), the unlawful sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000).
(b) This section shall not apply to any of the following:
(1) The manufacture in this state, or importation into this state, of a prototype handgun when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice pursuant to Section 32010 to conduct an independent test to determine whether that handgun is prohibited by Sections 31900 to 32110, inclusive, and, if not, allowing the department to add the firearm to the roster of handguns that may be sold in this state pursuant to Section 32015.
(2) The importation or lending of a handgun by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
(3) Firearms listed as curios or relics, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(4) The sale or purchase of a handgun, if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This section does not authorize the sale to, or purchase by, sworn members of these agencies in a personal capacity.
(5) The sale, purchase, or delivery of a handgun, if the sale, purchase, or delivery of the handgun is made pursuant to subdivision (d) of Section 10334 of the Public Contract Code.
(6) (A) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun for use as a service weapon, if the handgun is sold to, or purchased by, any of the following entities for use by sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training (POST) pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months:
(i) The Department of Parks and Recreation.
(ii) The Department of Alcoholic Beverage Control.
(iii) The Division of Investigation of the Department of Consumer Affairs.
(iv) The Department of Motor Vehicles.
(v) The Fraud Division of the Department of Insurance.
(vi) The State Department of State Hospitals.
(vii) The Department of Fish and Wildlife.
(viii) The State Department of Developmental Services.
(ix) The Department of Forestry and Fire Protection.
(x) A county probation department.
(xi) The Los Angeles World Airports, as defined in Section 830.15.
(xii) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(xiii) A municipal water district for use by a park ranger, as described in Section 830.34.
(xiv) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(xv) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(xvi) The Supreme Court and the courts of appeal for use by marshals of the Supreme Court and bailiffs of the courts of appeal, and coordinators of security for the judicial branch, as described in Section 830.36.
(xvii) A fire department or fire protection agency of a county, city, city and county, district, or the state for use by either of the following:
(I) A member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(II) A member other than a member of an arson-investigating unit, regularly paid and employed in that capacity pursuant to Section 830.37.
(xviii) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(xix) A California Community College police department, as described in Section 830.32.
(xx) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.
(xxi) A local agency employing park rangers described in subdivision (b) of Section 830.31.
(xxii) The Department of Cannabis Control.
(B) This paragraph does not authorize the sale to, or purchase by, sworn members of the entities specified in subparagraph (A) in a personal capacity.
(7) (A) Subject to the limitations set forth in subdivision (c), the sale or purchase of a handgun, if the handgun is sold to, or purchased by, any of the following entities for use as a service weapon by the sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the POST pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months:
(i) The California Horse Racing Board.
(ii) The State Department of Health Care Services.
(iii) The State Department of Public Health.
(iv) The State Department of Social Services.
(v) The Department of Toxic Substances Control.
(vi) The Office of Statewide Health Planning and Development.
(vii) The Public Employees’ Retirement System.
(viii) The Department of Housing and Community Development.
(ix) Investigators of the Department of Financial Protection and Innovation.
(x) The Law Enforcement Branch of the Office of Emergency Services.
(xi) The California State Lottery.
(xii) The Franchise Tax Board.
(B) This paragraph does not authorize the sale to, or purchase by, sworn members of the entities specified in subparagraph (A) in a personal capacity.
(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section.
(2) (A) A person who obtains or has use of an unsafe handgun pursuant to paragraph (6) or (7) of subdivision (b) shall, when leaving the handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.
(B) A violation of subparagraph (A) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(C) For purposes of this paragraph, the following definitions shall apply:
(i) “Vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
(ii) A vehicle is “unattended” when a person who is lawfully carrying or transporting a handgun in the vehicle is not within close proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(iii) “Locked container” has the same meaning as defined in Section 16850.
(D) Subparagraph (A) does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of their official duties.
(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before January 1, 2017.
(d) Violations of subdivision (a) are cumulative with respect to each handgun 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 other provisions of law shall not be punished under more than one provision, but the penalty to be imposed shall be determined as set forth in Section 654.
(e) (1) The Department of Justice shall maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b). This requirement shall apply retroactively to include information in the department’s possession. The department may satisfy this requirement by maintaining this information in any existing firearm database that reasonably facilitates compliance with this subdivision.
(2) A person or entity that is in possession of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b), shall notify the department of any sale or transfer of that handgun within 72 hours of the sale or transfer in a manner and format prescribed by the department. This requirement shall be deemed satisfied if the sale or transfer is processed through a licensed firearms dealer pursuant to Section 27545. A sale or transfer accomplished through an exception to Section 27545 is not exempt from this reporting requirement.
(3) By no later than March 1, 2021, the department shall provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section. Thereafter, the department shall, upon notification of sale or transfer, provide the same notification to the purchaser or transferee of any unsafe handgun sold or transferred pursuant to those provisions.

SEC. 3.

 Section 32001 is added to the Penal Code, to read:

32001.
 (a) Any agency or department of the state, or any political subdivision thereof, described in subdivision (b) of Section 32000 shall maintain records of any unsafe handgun owned by the department or agency or carried on duty by a member of the department or agency, that was purchased or received pursuant to Section 32000.
(b) Records required by this section shall include any manufacturer purchase records, invoices, and receipts associated with the purchase or receipt of a firearm described in subdivision (a).
(c) Records required by this section shall be maintained for no less than three years from the date the firearm was purchased or received.

SEC. 4.

 Section 32002 is added to the Penal Code, to read:

32002.
 The Department of Justice may conduct inspections of any agency or department of the state, or any political subdivision thereof, described in subdivision (b) of Section 32000, or of any licensed firearms dealer in the state, to ensure compliance with the applicable provisions of this article.

SEC. 5.

 Chapter 3 (commencing with Section 35000) is added to Division 12 of Title 4 of Part 6 of the Penal Code, to read:
CHAPTER  3. Roster of Approved Firearms Manufacturers and Vendors

35000.
 The Department of Justice shall establish and maintain a roster of approved firearms retailers and manufacturers as described in this chapter.

35001.
 (a) The roster described in Section 35000 shall include those licensed firearm dealers and firearm manufacturers doing business in the state that have been determined by the department to adhere to public safety principles and to be compliant with federal, state, and local firearms laws and regulations.
(b) For the purposes of subdivision (a), adherence to public safety principles has the following meaning:
(1) For a retail dealer of firearms, that the dealer has policies to prevent, detect, and screen for the transfer of firearms to straw purchasers or firearm traffickers, to prevent sales to prohibited persons, to protect against the theft of firearms and ammunition, to train and monitor vendor employees to ensure maximum compliance with applicable laws, and to assist law enforcement in the investigation and prevention of criminal access to guns.
(2) For a manufacturer of firearms, that the manufacturer sets standards for retail dealers authorized to sell their firearms that induce those dealers to adopt policies described in paragraph (1).
(c) For the purposes of subdivision (a), compliance with federal, state, and local laws and regulations means that a business has not been found by inspecting authorities to be in violation of any federal, state, or local law or regulation or, if a business was found to be in violation, either the violation did not rise to the severity where any administrative or criminal action was taken, or the business has, since any violation, demonstrated a significant period of consistent compliance.

35002.
 (a) The department shall adopt regulations necessary to carry out the provisions of this chapter.
(b) Regulations adopted pursuant to this section shall include reasonably objective criteria for inclusion and exclusion from the roster and shall provide due process for any dealer or manufacturer excluded from, removed from, or denied inclusion on, the roster.

35003.
 The Department shall, by no later than January 1, 2025, publish the initial roster on its internet website, and shall thereafter update the roster as necessary.

35004.
 (a) Commencing on January 1, 2025, no agency or department of the state, or of any political subdivision thereof, shall purchase any firearm, ammunition, or other goods from a licensed firearm dealer or firearm manufacturer that is not listed on the roster described in this chapter.
(b) This section does not apply to any sale or purchase made pursuant to a contract that was executed before January 1, 2025.

SEC. 6.

 The Legislature finds and declares that the purchasing of firearms by law enforcement agencies is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 5 of this act adding Section 35000 to the Penal Code applies to all cities, including charter cities.

SEC. 7.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.