Bill Text: CA SB914 | 2019-2020 | Regular Session | Amended
Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2020-09-29 - In Senate. Consideration of Governor's veto pending. [SB914 Detail]
Download: California-2019-SB914-Amended.html
Amended
IN
Assembly
August 25, 2020 |
Amended
IN
Senate
May 11, 2020 |
Amended
IN
Senate
March 16, 2020 |
Amended
IN
Senate
March 05, 2020 |
Introduced by Senator Portantino (Coauthor: Senator Wiener) (Coauthors: Assembly Members Bauer-Kahan, Boerner Horvath, and Santiago) |
February 03, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 16685 is added to the Penal Code, to read:16685.
As used in the part, a valid and unexpired “hunting license” means a hunting license issued by the Department of Fish and Wildlife pursuant to Article 2 (commencing with Section 3031) of Chapter 1 of Part 1 of Division 4 of the Fish and Game Code, for which the time period authorized for the taking of birds or mammals has commenced but not expired.SEC. 2.
Section 27505 of the Penal Code is amended to read:27505.
(a) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age.SEC. 3.
Section 27945 of the Penal Code is repealed.SEC. 4.
Section 27945 is added to the Penal Code, to read:27945.
Section 27545 does not apply to or affect the loan of a firearm to a minor in compliance with the applicable exemptions set forth in Section 27505.SEC. 5.
Section 28210 of the Penal Code is amended to read:28210.
(a) (1) Where the register is used, the purchaser of any firearm shall be required to present to the dealer clear evidence of the person’s identity and age.SEC. 6.
Section 28215 of the Penal Code is amended to read:28215.
(a) (1) Where 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.SEC. 7.
Section 28220 of the Penal Code is amended to read:28220.
(a) (1) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.SEC. 8.
Section 28230 of the Penal Code is amended to read:28230.
(a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations:SEC. 9.
Section 29615 of the Penal Code is amended to read:29615.
Section 29610 shall not apply if one of the following circumstances exists:SEC. 10.
Section 30370 of the Penal Code is amended to read:30370.
(a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:(a)Commencing July 1, 2025, the department shall electronically approve the purchase or transfer of firearm precursor parts through a vendor, as defined in Section 16532, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the firearm precursor part. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30452, the following persons are authorized to purchase firearm precursor parts:
(1)A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess firearm precursor parts as specified in subdivision (b).
(2)A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(3)A purchaser or transferee who is not prohibited from purchasing or possessing firearm precursor parts in a single firearm precursor part transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).
(b)To determine if the purchaser or transferee is eligible to purchase or possess firearm precursor parts pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the firearm precursor part purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction
shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing firearm precursor parts by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(c)The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing a firearm precursor part may be approved for a single firearm precursor part transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the firearm precursor part transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section
28225, as it read on December 31, 2019,
and not to exceed the department’s reasonable costs.
(d)A vendor is prohibited from providing a purchaser or transferee a firearm precursor part without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess firearm precursor parts via an internet connection, the department shall provide a telephone line to verify eligibility. This option is available to firearm precursor part vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e)The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging firearm precursor parts purchasers and transferees a per transaction fee not to exceed one dollar ($1),
provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs.
(f)A fund to be known as the Firearm Precursor Parts Enforcement Special Fund is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Firearm Precursor Parts Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for purposes of implementing, operating, and enforcing the firearm precursor part authorization program provided for in this section and Section 30452.
(g)The Department of Justice is authorized to adopt regulations to implement this section.