CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1195

Introduced by Assembly Member Melendez

February 17, 2017

An act to amend Section 26815 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1195, as introduced, Melendez. Firearms.
Existing law regulates the transfer of firearms by firearms dealers. Existing law requires the firearms dealer to submit information to the Department of Justice for purposes of a background check for purchasers of firearms. Existing law provides that whenever a dealer is notified by the department that a person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm, the dealer shall make available to the person a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.
This bill would make technical, nonsubstantive changes to those notice provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26815 of the Penal Code is amended to read:

26815.
 No A firearm shall not be delivered:
(a) Within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, 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 any fee required pursuant to Section 28225, whichever is later.
(b) Unless unloaded and securely wrapped or unloaded and in a locked container.
(c) Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person’s identity and age to the dealer.
(d) Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the prohibited person in the prohibited class a prohibited notice and transfer form, provided by the department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the department the reason for the prohibition.