BILL NUMBER: AB 598 INTRODUCED
INTRODUCED BY Assembly Member Dahle
FEBRUARY 20, 2013
An act to amend Section 28215 of the Penal Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
AB 598, as introduced, Dahle. Firearms.
Existing law provides that the exclusive means of transmitting
firearm purchaser information to the Department of Justice shall be
through electronic transfer, except as specified. Under existing law,
if the electronic or telephonic transfer of applicant information is
used, the purchaser is required to present to the dealer clear
evidence of the person's identity and age. The dealer is required to
retain the original of each record of electronic or telephonic
This bill would make technical, nonsubstantive changes to those
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 28215 of the Penal Code is amended to read:
28215. (a) (1)
Where If the
electronic or telephonic transfer of applicant information is used,
the purchaser shall be required to present to the dealer clear
evidence of the person's identity and age.
(2) The dealer shall require the purchaser to sign the purchaser's
current legal name to the record of electronic or telephonic
(3) The salesperson shall sign the record of electronic or
telephonic transfer, as a witness to the signature and identification
of the purchaser.
(b) Any person furnishing a fictitious name or address, knowingly
furnishing any incorrect information, or knowingly omitting any
information required to be provided for the electronic or telephonic
transfer shall be punished as provided in Section 28250.
(c) (1) The original of each record of electronic or telephonic
transfer shall be retained by the dealer in consecutive order.
(2) Each original shall become the permanent record of the
transaction, which shall be retained for not less than three years
from the date of the last transaction.
(3) Upon presentation of proper identification, the permanent
record of the transaction shall be provided for inspection by any
peace officer, Department of Justice employee designated by the
Attorney General, or agent of the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives. Until January 1, 2014, no information shall
be compiled therefrom regarding the purchasers or other transferees
of firearms that are not handguns.
(d) On the date of the application to purchase, the record of
applicant information shall be transmitted to the Department of
Justice by electronic or telephonic transfer.
(e) If requested, a copy of the record of electronic or telephonic
transfer shall be provided to the purchaser by the dealer.
(f) If the transaction is a private party transfer conducted
pursuant to Chapter 5 (commencing with Section 28050), a copy shall
be provided to the seller or purchaser by the dealer, upon request.
The dealer shall redact all of the purchaser's personal information,
as required pursuant to subdivision (a) of Section 28160 and
subdivision (a) of Section 28165, from the seller's copy, and the
seller's personal information from the purchaser's copy.