BILL NUMBER: SB 683 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Block
FEBRUARY 22, 2013
An act to amend Sections 16670, 26840, 27540,
27875, 27880, 27920, and 27925 , 31610, 31615,
31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and
31700 of, to amend the heading of Chapter 4 (commencing
with Section 31500) of Division 10 of Title 4 of Part 6 of,
and to amend the heading of Article 2 (commencing with
Section 31610) of Chapter 4 of Division 10 of Title 4 of Part 6 of,
and to amend, repeal, and add Sections 16670, 26840,
31610, 31615, 31620, 31625, 31630, 31635, 31640, 31645, 31650, 31655,
31660, and 31700 of, the Penal Code, relating to firearms
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 683, as amended, Block. Firearms: firearm safety certificate.
Existing law prohibits a person from purchasing or receiving any
handgun without a valid handgun safety certificate, and prohibits any
person from selling, delivering, loaning, or transferring any
handgun to any person who does not have a valid handgun safety
certificate, with exceptions, as specified. Under existing law, a
violation of these provisions is a misdemeanor.
This bill would instead , commencing January 1, 2015,
prohibit a person from purchasing or receiving any firearm without a
valid firearm safety certificate, and would prohibit any person from
selling, delivering, loaning, or transferring any firearm to any
person who does not have a valid firearm safety certificate. The bill
would make conforming changes. The bill would also make technical,
nonsubstantive changes. By expanding the scope of a crime, this bill
would impose a state-mandated local program.
Existing law allows the Department of Justice to charge a
certified instructor up to $15 for each handgun safety certificate
issued by that instructor and requires the funds to be deposited in
the Firearms Safety and Enforcement Special Fund, which is a
continuously appropriated fund.
This bill would, commencing January 1, 2015, allow the department
to collect $15 for each firearm safety certificate and would require
the funds to be deposited in the Firearms Safety and Enforcement
Special Fund, which is continuously appropriated, thereby making and
appropriation.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16670 of the Penal Code is amended to read:
16670. (a) As used in this part,
"firearm " handgun safety
certificate" means a certificate issued by the Department of Justice
pursuant to Sections 31610 to 31700, inclusive, or pursuant to former
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, as that article was operative at any time from January 1,
2003, until it was repealed by the Deadly Weapons Recodification Act
of 2010.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 16670 is added to the
Penal Code , to read:
16670. (a) As used in this part, "firearm safety certificate"
means a certificate issued by the Department of Justice pursuant to
Sections 31610 to 31700, inclusive, or pursuant to former Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as
that article was operative at any time from January 1, 2003, until
it was repealed by the Deadly Weapons Recodification Act of 2010.
(b) This section shall become operative on January 1, 2015.
SEC. 2. SEC. 3. Section 26840 of the
Penal Code is amended to read:
26840. (a) A dealer shall not deliver a
firearm handgun unless the person
receiving the firearm handgun presents
to the dealer a valid firearm handgun
safety certificate. The firearms dealer shall retain a photocopy of
the firearm handgun safety certificate
as proof of compliance with this requirement.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 26840 is added to the
Penal Code , to read:
26840. (a) A dealer shall not deliver a firearm unless the person
receiving the firearm presents to the dealer a valid firearm safety
certificate. The firearms dealer shall retain a photocopy of the
firearm safety certificate as proof of compliance with this
requirement.
(b) This section shall become operative on January 1, 2015.
SEC. 3. SEC. 5. Section 27540 of the
Penal Code is amended to read:
27540. A dealer, whether or not acting pursuant to Chapter 5
(commencing with Section 28050), shall not deliver a firearm to a
person, as follows:
(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
possessing, receiving, owning, or purchasing a firearm.
(e) A handgun shall not be delivered unless the purchaser,
transferee, or person being loaned the handgun presents a handgun
safety certificate. Commencing January 1, 2015, any firearm
, including a handgun, shall not be delivered unless the
purchaser, transferee, or person being loaned the firearm presents a
firearm safety certificate to the dealer.
(f) A handgun shall not be delivered whenever the dealer is
notified by the Department of Justice that within the preceding
30-day period the purchaser has made another application to purchase
a handgun and that the previous application to purchase involved none
of the entities specified in subdivision (b) of Section 27535.
SEC. 4. SEC. 6. Section 27875 of the
Penal Code is amended to read:
27875. Section 27545 does not apply to the transfer of a firearm
by gift, bequest, intestate succession, or other means from one
individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall forward by prepaid mail, or deliver
in person to the Department of Justice, a report that includes
information concerning the individual taking possession of the
firearm, how title was obtained and from whom, and a description of
the firearm in question. The report forms that individuals complete
pursuant to this section shall be provided to them by the Department
of Justice.
(d) The Until January 1, 2015, the
person taking title to the firearm shall first obtain a handgun
safety certificate if the firearm is a handgun, and commencing
January 1, 2015, a firearm safety certificate for any
firearm .
(e) The person receiving the firearm is 18 years of age or older.
SEC. 5. SEC. 7. Section 27880 of the
Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm
between persons who are personally known to each other, if all of the
following requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) The Until January 1, 2015, if the
firearm is a handgun, the individual being loaned the firearm
shall have a valid handgun safety certificate. Commencing
January 1, 2015, for any firearm, the individual being loaned the
firearm shall have a valid firearm safety certificate.
SEC. 6. SEC. 8. Section 27920 of the
Penal Code is amended to read:
27920. Section 27545 does not apply to a person who takes title
or possession of a firearm by operation of law if the person is not
prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm and all of the following conditions
are met:
(a) If the person taking title or possession is neither a levying
officer as defined in Section 481.140, 511.060, or 680.260 of the
Code of Civil Procedure, nor a person who is receiving that firearm
pursuant to subdivision (g), (i), or (j) of Section 16990, the person
shall, within 30 days of taking possession, forward by prepaid mail
or deliver in person to the Department of Justice, a report of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question.
(b) If the person taking title or possession is receiving the
firearm pursuant to subdivision (g) of Section 16990, the person
shall do both of the following:
(1) Within 30 days of taking possession, forward by prepaid mail
or deliver in person to the department, a report of information
concerning the individual taking possession of the firearm, how title
or possession was obtained and from whom, and a description of the
firearm in question.
(2) Prior Until January 1,
2015, prior to taking title or possession of the firearm, the person
shall obtain a handgun safety certificate, if the firearm is a
handgun. Commencing January 1, 2015, prior to taking title or
possession of the firearm, the person shall obtain a firearm safety
certificate for any firearm .
(c) Where the person receiving title or possession of the firearm
is a person described in subdivision (i) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the Automated
Firearms System (AFS) via the California Law Enforcement
Telecommunications System (CLETS) by the law enforcement or state
agency that transferred or delivered the firearm, provided, however,
that if the firearm is not a handgun and does not have a serial
number, identification number, or identification mark assigned to it,
that fact shall be noted in AFS. An agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.
(d) Where the person receiving title or possession of the firearm
is a person described in subdivision (j) of Section 16990, on the
date that the person is delivered the firearm, the name and other
information concerning the person taking possession of the firearm,
how title or possession of the firearm was obtained and from whom,
and a description of the firearm by make, model, serial number, and
other identifying characteristics shall be entered into the AFS via
the CLETS by the law enforcement or state agency that transferred or
delivered the firearm, provided, however, that if the firearm is not
a handgun and does not have a serial number, identification number,
or identification mark assigned to it, that fact shall be noted in
AFS. An agency without access to AFS shall arrange with the sheriff
of the county in which the agency is located to input this
information via this system. In addition, that law enforcement agency
shall not deliver the firearm to the person referred to in this
subdivision unless, prior to the delivery of the firearm, the person
presents proof to the agency that the person is the holder of a
firearm handgun safety certificate
if the firearm is a handgun, and commencing January 1, 2015, a
firearm safety certificate for any firearm .
(e) The reports that individuals complete pursuant to this section
shall be provided to them by the Department of Justice.
SEC. 7. SEC. 9. Section 27925 of the
Penal Code is amended to read:
27925. (a) Section 27545 does not apply to a person who takes
possession of a firearm by operation of law in a representative
capacity who subsequently transfers ownership of the firearm to
himself or herself in an individual capacity.
(b) The Until January 1, 2015, in the case
of a handgun, the individual shall obtain a handgun safety
certificate prior to t ransferring ownership to himself or
herself, or taking possession of a handgun in an individual capacity.
Beginning January 1, 2015, the individual shall obtain a
firearm safety certificate prior to transferring ownership to himself
or herself, or taking possession of a firearm in an individual
capacity.
SEC. 8. SEC. 10. The heading of
Chapter 4 (commencing with Section 31500) of Division 10 of Title 4
of Part 6 of the Penal Code is amended to read:
CHAPTER 4. HANDGUNS AND FIREARM SAFETY
SEC. 9. SEC. 11. The heading of
Article 2 (commencing with Section 31610) of Chapter 4 of Division 10
of Title 4 of Part 6 of the Penal Code is amended to read:
Article 2. Firearm Safety Certificate
SEC. 10. SEC. 12. Section 31610 of
the Penal Code is amended to read:
31610. (a) It is the intent of the
Legislature in enacting this article to require that persons who
obtain firearms handguns have a basic
familiarity with those firearms, including, but not limited to, the
safe handling and storage of those firearms. It is not the intent of
the Legislature to require a firearm handgun
safety certificate for the mere possession of a firearm.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 13. Section 31610 is added to the
Penal Code , to read:
31610. (a) It is the intent of the Legislature in enacting this
article to require that persons who obtain firearms have a basic
familiarity with those firearms, including, but not limited to, the
safe handling and storage of those firearms. It is not the intent of
the Legislature to require a firearm safety certificate for the mere
possession of a firearm.
(b) This section shall become operative on January 1, 2015.
SEC. 11. SEC. 14. Section 31615 of
the Penal Code is amended to read:
31615. (a) A person shall not do either of the following:
(1) Purchase or receive any firearm
handgun , except an antique firearm, without a valid
firearm handgun safety certificate.
(2) Sell, deliver, loan, or transfer any firearm
handgun , except an antique firearm, to any person who
does not have a valid firearm handgun
safety certificate.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 15. Section 31615 is added to the
Penal Code , to read:
31615. (a) A person shall not do either of the following:
(1) Purchase or receive any firearm, except an antique firearm,
without a valid firearm safety certificate.
(2) Sell, deliver, loan, or transfer any firearm, except an
antique firearm, to any person who does not have a valid firearm
safety certificate.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of this code shall not be punished under more than one
provision.
(d) This section shall become operative on January 1, 2015.
SEC. 12. SEC. 16. Section 31620 of
the Penal Code is amended to read:
31620. (a) A person shall not commit an act of collusion as
specified in Section 27550.
(b) Any person who alters, counterfeits, or falsifies a
firearm handgun safety certificate, or who uses
or attempts to use any altered, counterfeited, or falsified
firearm handgun safety certificate to purchase a
firearm handgun, is guilty of a
misdemeanor.
(c) The provisions of this section are cumulative 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
different provisions of this code shall not be punished under more
than one provision.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 17. Section 31620 is added to the
Penal Code , to read:
31620. (a) A person shall not commit an act of collusion as
specified in Section 27550.
(b) Any person who alters, counterfeits, or falsifies a firearm
safety certificate, or who uses or attempts to use any altered,
counterfeited, or falsified firearm safety certificate to purchase a
firearm, is guilty of a misdemeanor.
(c) The provisions of this section are cumulative 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
different provisions of this code shall not be punished under more
than one provision.
(d) This section shall become operative on January 1, 2015.
SEC. 13. SEC. 18. Section 31625 of
the Penal Code is amended to read:
31625. (a) A certified instructor shall not issue a
firearm handgun safety certificate to any person
who has not complied with this article. Proof of compliance shall be
forwarded to the department by certified instructors as frequently
as the department may determine.
(b) A certified instructor shall not issue a firearm
handgun safety certificate to any person who is
under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue
firearm handgun safety certificates.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 19. Section 31625 is added to the
Penal Code , to read:
31625. (a) A certified instructor shall not issue a firearm
safety certificate to any person who has not complied with this
article. Proof of compliance shall be forwarded to the department by
certified instructors as frequently as the department may determine.
(b) A certified instructor shall not issue a firearm safety
certificate to any person who is under 18 years of age.
(c) A violation of this section shall be grounds for the
department to revoke the instructor's certification to issue firearm
safety certificates.
(d) This section shall become operative on January 1, 2015.
SEC. 14. SEC. 20. Section 31630 of
the Penal Code is amended to read:
31630. (a) The department shall develop an instruction manual in
English and in Spanish by October 1, 2002. The department shall make
the instructional manual available to firearms dealers licensed
pursuant to Sections 26700 to 26915, inclusive, who shall make it
available to the general public. Essential portions of the manual may
be included in the pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish by March 1, 2003, to be issued to instructors
certified by the department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the firearm
handgun safety certificate instructional materials.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 21. Section 31630 is added to the
Penal Code , to read:
31630. (a) The department shall develop an instruction manual in
English and in Spanish. The department shall make the instructional
manual available to firearms dealers licensed pursuant to Sections
26700 to 26915, inclusive, who shall make it available to the general
public. Essential portions of the manual may be included in the
pamphlet described in Section 34205.
(b) The department shall develop audiovisual materials in English
and in Spanish to be issued to instructors certified by the
department.
(c) The department shall solicit input from any reputable
association or organization, including any law enforcement
association that has as one of its objectives the promotion of
firearms safety, in the development of the firearm safety certificate
instructional materials.
(d) This section shall become operative on January 1, 2015.
SEC. 15. SEC. 22. Section 31635 of
the Penal Code is amended to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all
firearm handgun safety certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations , as specified, or any entity found by the
department to give comparable instruction in firearms safety, or the
applicant shall have similar or equivalent training to that provided
by the following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer are is not
sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 23. Section 31635 is added to the
Penal Code , to read:
31635. (a) The department shall prescribe a minimum level of
skill, knowledge, and competency to be required of all firearm safety
certificate instructors.
(b) Department Certified Instructor applicants shall have a
certification to provide training from one of the following
organizations, as specified, or any entity found by the department to
give comparable instruction in firearms safety, or the applicant
shall have similar or equivalent training to that provided by the
following, as determined by the department:
(1) Department of Consumer Affairs, State of California-Firearm
Training Instructor.
(2) Director of Civilian Marksmanship, Instructor or Rangemaster.
(3) Federal Government, Certified Rangemaster or Firearm
Instructor.
(4) Federal Law Enforcement Training Center, Firearm Instructor
Training Program or Rangemaster.
(5) United States Military, Military Occupational Specialty (MOS)
as marksmanship or firearms instructor. Assignment as Range Officer
or Safety Officer is not sufficient.
(6) National Rifle Association-Certified Instructor, Law
Enforcement Instructor, Rangemaster, or Training Counselor.
(7) Commission on Peace Officer Standards and Training (POST),
State of California-Firearm Instructor or Rangemaster.
(8) Authorization from a State of California accredited school to
teach a firearm training course.
(c) This section shall become operative on January 1, 2015.
SEC. 16. SEC. 24. Section 31640 of
the Penal Code is amended to read:
31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and transfer of
firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a firearm
handgun into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to assure that no acts of collusion occur while the objective test is
being administered.
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 25. Section 31640 is added to the
Penal Code , to read:
31640. (a) The department shall develop a written objective test,
in English and in Spanish, and prescribe its content, form, and
manner, to be administered by an instructor certified by the
department.
(b) If the person taking the test is unable to read, the
examination shall be administered orally. If the person taking the
test is unable to read English or Spanish, the test may be applied
orally by a translator.
(c) The test shall cover, but not be limited to, all of the
following:
(1) The laws applicable to carrying and handling firearms,
particularly handguns.
(2) The responsibilities of ownership of firearms, particularly
handguns.
(3) Current law as it relates to the private sale and
transfer of firearms.
(4) Current law as it relates to the permissible use of lethal
force.
(5) What constitutes safe firearm storage.
(6) Issues associated with bringing a firearm into the home.
(7) Prevention strategies to address issues associated with
bringing firearms into the home.
(d) The department shall update test materials related to this
article every five years.
(e) If a dealer licensed pursuant to Sections 26700 to 26915,
inclusive, or his or her employee, or where the managing officer or
partner is certified as an instructor pursuant to this article, he or
she shall also designate a separate room or partitioned area for a
person to take the objective test, and maintain adequate supervision
to assure that no acts of collusion occur while the objective test is
being administered.
(f) This section shall become operative on January 1, 2015.
SEC. 17. SEC. 26. Section 31645 of
the Penal Code is amended to read:
31645. (a) An applicant for a firearm
handgun safety certificate shall successfully pass the
objective test referred to in Section 31640, with a passing grade of
at least 75 percent. Any person receiving a passing grade on the
objective test shall immediately be issued a firearm
handgun safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 27. Section 31645 is added to the
Penal Code , to read:
31645. (a) An applicant for a firearm safety certificate shall
successfully pass the objective test referred to in Section 31640,
with a passing grade of at least 75 percent. Any person receiving a
passing grade on the objective test shall immediately be issued a
firearm safety certificate by the instructor.
(b) An applicant who fails to pass the objective test upon the
first attempt shall be offered additional instructional materials by
the instructor, such as a videotape or booklet. The person may not
retake the objective test under any circumstances until 24 hours have
elapsed after the failure to pass the objective test upon the first
attempt. The person failing the test on the first attempt shall take
another version of the test upon the second attempt. All tests shall
be taken from the same instructor except upon permission by the
department, which shall be granted only for good cause shown. The
instructor shall make himself or herself available to the applicant
during regular business hours in order to retake the test.
(c) This section shall become operative on January 1, 2015.
SEC. 18. SEC. 28. Section 31650 of
the Penal Code is amended to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
(b) An applicant to renew a firearm
handgun safety certificate shall be required to pass the
objective test. The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
forwarded to the department pursuant to subdivision (c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each firearm
handgun safety certificate issued by that instructor to cover
the department's cost in carrying out and enforcing this article, and
enforcing the provisions listed in subdivision (e), as determined
annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 29. Section 31650 is added to the
Penal Code , to read:
31650. (a) The certified instructor may charge a fee of
twenty-five dollars ($25), fifteen dollars ($15) of which is to be
paid to the department pursuant to subdivision (c).
(b) An applicant to renew a firearm safety certificate shall be
required to pass the objective test. The certified instructor may
charge a fee of twenty-five dollars ($25), fifteen dollars ($15) of
which is to be forwarded to the department pursuant to subdivision
(c).
(c) The department may charge the certified instructor up to
fifteen dollars ($15) for each firearm safety certificate issued by
that instructor to cover the department's cost in carrying out and
enforcing this article, and enforcing the provisions listed in
subdivision (e), as determined annually by the department.
(d) All money received by the department pursuant to this article
shall be deposited into the Firearms Safety and Enforcement Special
Fund created pursuant to Section 28300.
(e) The department shall conduct enforcement activities,
including, but not limited to, law enforcement activities to ensure
compliance with the following provisions:
(1) Section 830.95.
(2) Title 2 (commencing with Section 12001) of Part 4.
(3) This part, except Sections 16965, 17235, and 21510.
(f) This section shall become operative on January 1, 2015.
SEC. 19. SEC. 30. Section 31655 of
the Penal Code is amended to read:
31655. (a) The department shall develop firearm
handgun safety certificates to be issued by
instructors certified by the department to those persons who have
complied with this article.
(b) A firearm handgun safety
certificate shall include, but not be limited to, the following
information:
(1) A unique firearm handgun safety
certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The firearm handgun safety
certificate shall expire five years after the date that it was issued
by the certified instructor.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 31. Section 31655 is added to the
Penal Code , to read:
31655. (a) The department shall develop firearm safety
certificates to be issued by instructors certified by the department
to those persons who have complied with this article.
(b) A firearm safety certificate shall include, but not be limited
to, the following information:
(1) A unique firearm safety certificate identification number.
(2) The holder's full name.
(3) The holder's date of birth.
(4) The holder's driver's license or identification number.
(5) The holder's signature.
(6) The signature of the issuing instructor.
(7) The date of issuance.
(c) The firearm safety certificate shall expire five years after
the date that it was issued by the certified instructor.
(d) This section shall become operative on January 1, 2015.
SEC. 20. SEC. 32. Section 31660 of
the Penal Code is amended to read:
31660. (a) In the case of loss or destruction of a
firearm handgun safety certificate, the issuing
instructor shall issue a duplicate certificate upon request and proof
of identification to the certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee , not to exceed fifteen dollars ($15), for a
duplicate certificate. Revenues from this fee shall be deposited in
the Firearms Safety and Enforcement Special Fund,
Fund created pursuant to Section 28300.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 33. Section 31660 is added to the
Penal Code , to read:
31660. (a) In the case of loss or destruction of a firearm safety
certificate, the issuing instructor shall issue a duplicate
certificate upon request and proof of identification to the
certificate holder.
(b) The department may authorize the issuing instructor to charge
a fee, not to exceed fifteen dollars ($15), for a duplicate
certificate. Revenues from this fee shall be deposited in the
Firearms Safety and Enforcement Special Fund created pursuant to
Section 28300.
(c) This section shall become operative on January 1, 2015.
SEC. 21. SEC. 34. Section 31700 of
the Penal Code is amended to read:
31700. (a) The following persons, properly identified, are
exempted from the firearm handgun
safety certificate requirement in subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a firearm handgun that is a
curio or relic, as defined in Section 478.11 of Title 27 of the Code
of Federal Regulations, who has a current certificate of eligibility
issued by the department pursuant to Section 26710.
(7) A person to whom a firearm handgun
is being returned, where the person receiving the firearm is
the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active, active or honorably
retired member of the United States Armed Forces, the National Guard,
the Air National Guard, or the active reserve components
of the United States, where individuals in those organizations are
properly identified. For purposes of this section, proper
identification includes the Armed Forces Identification
Card, Card or other written documentation
certifying that the individual is an active or honorably retired
member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
firearm handgun by operation of law in
a representative capacity, until or unless they transfer title
ownership of the firearm handgun to
themselves in a personal capacity, are exempted from the
firearm handgun safety certificate requirement
in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 35. Section 31700 is added to the
Penal Code , to read:
31700. (a) The following persons, properly identified, are
exempted from the firearm safety certificate requirement in
subdivision (a) of Section 31615:
(1) Any active or honorably retired peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) Any active or honorably retired federal officer or law
enforcement agent.
(3) Any reserve peace officer, as defined in Section 832.6.
(4) Any person who has successfully completed the course of
training specified in Section 832.
(5) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive, who is acting in the course and scope of that
person's activities as a person licensed pursuant to Sections 26700
to 26915, inclusive.
(6) A federally licensed collector who is acquiring or being
loaned a firearm that is a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations, who has a
current certificate of eligibility issued by the department pursuant
to Section 26710.
(7) A person to whom a firearm is being returned, where the person
receiving the firearm is the owner of the firearm.
(8) A family member of a peace officer or deputy sheriff from a
local agency who receives a firearm pursuant to Section 50081 of the
Government Code.
(9) Any individual who has a valid concealed weapons permit issued
pursuant to Chapter 4 (commencing with Section 26150) of Division 5.
(10) An active or honorably retired member of the United States
Armed Forces, the National Guard, the Air National Guard, or the
active reserve components of the United States, where individuals in
those organizations are properly identified. For purposes of this
section, proper identification includes the Armed Forces
Identification Card or other written documentation certifying that
the individual is an active or honorably retired member.
(11) Any person who is authorized to carry loaded firearms
pursuant to Section 26025 or 26030.
(12) Persons who are the holders of a special weapons permit
issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2, or pursuant to Article 4 (commencing with
Section 32700) of Chapter 6 of this division.
(b) The following persons who take title or possession of a
firearm by operation of law in a representative capacity, until or
unless they transfer title ownership of the firearm to themselves in
a personal capacity, are exempted from the firearm safety certificate
requirement in subdivision (a) of Section 31615:
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, or an
agent or employee thereof when the firearms are possessed as
collateral for, or as a result of, a default under a security
agreement under the Commercial Code.
(3) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(4) A receiver performing the functions of a receiver.
(5) A trustee in bankruptcy performing the duties of a trustee.
(6) An assignee for the benefit of creditors performing the
functions of an assignee.
(c) This section shall become operative on January 1, 2015.
SEC. 22. SEC. 36. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.