BILL NUMBER: AB 1020 AMENDED
AMENDED IN ASSEMBLY APRIL 10, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 22, 2013
An act to add Section 29310 to the Penal Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
AB 1020, as amended, Bonta. Firearms: letter to purchasers.
Existing law prohibits a firearm from being delivered within 10
days of the application to purchase, or, after notice by the
Department of Justice, within 10 days of the submission to the
department of any correction to the application, or within 10 days of
the submission to the department of a required fee, whichever is
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
during the 10-day waiting period to each
individual who has applied to purchase a firearm informing him or her
of firearms laws relating to firearms,
gun trafficking , and safe storage, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 29310 is added to the Penal Code, to read:
29310. During the 10-day waiting period following an application
to purchase a firearm required pursuant to Sections 27540 and 26815,
the Attorney General shall send a letter to each individual who has
applied to purchase a firearm, informing him or her of firearms laws
relating to gun trafficking and safe storage, including the
29310. (a) Within 10 days of submission of any
application to purchase a firearm, as defined in Section 16190, 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 limits.
(3) California law has strict limits 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.
(c) That storage
(5) Storage of a firearm where
children are likely to gain access is a criminal offense as provided
in Sections 25100 and 25110 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.