Anti-gun control

TopicBill numbersort iconAuthorInterest positionBecame law
An Act to Add Section 2022 to the Fish and Game Code, and to Repeal Section 5 of Chapter 692 of the Statutes of 1976, Relating to Animal Parts and Products. AB 96 (2015-2016) AtkinsOpposeNo
Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an… More
Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an elephant. Existing law exempts the possession with intent to sell, or sale of the dead body, or any part or product thereof, of any elephant before June 1, 1977, or the possession with intent to sell or the sale of any such item on or after June 1, 1977, if the item was imported before January 1, 1977. This bill would delete this exemption. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would make it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn, except as specified, and would make this prohibition enforceable by the Department of Fish and Wildlife. The bill would make a violation of this provision or any rule, regulation, or order adopted pursuant to this provision a misdemeanor subject to specified criminal penalties. By creating a new crime, the bill would impose a state-mandated local program. In addition to the specified criminal penalties, the bill would authorize the department to impose an administrative penalty of up to $10,000 for a violation of this provision or any rule, regulation, or order adopted pursuant to this provision. This bill would provide that the provisions of this bill are severable. This bill would make these provisions operative on July 1, 2016. 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. Hide
An Act to Amend Section 1524 Of, to Amend, Repeal, and Add Section 18250 Of, to Add Section 1542.5 To, and to Add Division 3.2 (Commencing with Section 18100) to Title 2 of Part 6 Of, the Penal Code, and to Amend, Repeal, and Add Section 8105 of the Welfare and Institutions Code, Relating to Firearms. AB 1014 (2013-2014) SkinnerOpposeYes
(1)Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things,… More
(1)Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, generally prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect. This bill would authorize a court to issue a temporary emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require a law enforcement officer to serve the order on the restrained person, if the restrained person can reasonably be located, file a copy of the order with the court, and have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. The bill would require the presiding judge of the superior court of each county to designate at least one judge, commissioner, or referee who is required to be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session. This bill would additionally authorize a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require the ex parte order to expire no later than 21 days after the date on the order and would require the court to hold a hearing within 21 days of issuing the ex parte gun violence restraining order to determine if a gun violence restraining order that is in effect for one year should be issued. The bill would require a law enforcement officer or a person at least 18 years of age who is not a party to the action to personally serve the restrained person the ex parte order, if the restrained person can reasonably be located. The bill would authorize a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would authorize the renewal of the order for additional one-year periods and would permit the restrained person to request one hearing to terminate the order during the effective period of the initial order or each renewal period. The bill would require a court, upon issuance of a gun violence restraining order, to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearm or firearms and ammunition for the duration of a gun violence restraining order. The bill would require the court to notify the Department of Justice when any gun violence restraining order has been issued, renewed, dissolved, or terminated. The bill would also require the court, when sending that notice, to specify whether the person subject to the gun violence restraining order was present in court to be informed of the contents of the order or if the person failed to appear. The bill would require proof of service of the order to be entered into the California Restraining and Protective Order System, as specified. The bill would make it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass. The bill would also provide that a person who owns or possesses a firearm or ammunition with the knowledge that he or she is prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order. By creating new crimes and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program. (2)Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, specified persons. This bill would allow a search warrant to be issued when the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of, a person who is the subject of a gun violence restraining order if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. The bill would also require the law enforcement officer executing a search warrant issued upon that ground to take custody of any firearm or ammunition that is in the restrained person’s custody or control or possession or that is owned by the restrained person, which is discovered pursuant to a consensual or other lawful search and would provide rules for executing the search warrant when the location to be searched is jointly occupied by the restrained person and one or more other persons. (3)Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault. This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order. The bill would also apply those requirements when the law enforcement officer is a sworn member of the Department of Justice who is a peace officer. (4)Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are prohibited from having a firearm because the person has been admitted to a facility, is receiving inpatient treatment, and is a danger to himself, herself, or others. Existing law requires the department to only use the information for certain specified purposes. This bill would additionally authorize the department to use the above-described information to determine the eligibility of a person who is the subject of a petition for the issuance of a gun violence restraining order to acquire, carry, or possess firearms, destructive devices, or explosives. (5)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (6)This bill would incorporate additional changes in Section 18250 of the Penal Code, proposed by SB 1154, to be operative only if SB 1154 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. (7)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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8)The provisions of this bill would be effective January 1, 2016. Hide
An Act to Add Section 29310 to the Penal Code, Relating to Firearms. AB 1020 (2013-2014) BontaOpposeNo
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… More
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 notice to each individual who has applied to purchase a firearm informing him or her of laws relating to firearms, gun trafficking, and safe storage, as provided. The bill would require the notice to include a link to a page on the Department of Justice’s Internet Web site containing a summary of state firearm laws, which the bill would require the department to prepare and annually update. Hide
An Act to Amend Sections 626.9, 626.95, 25400, 25850, 27590, 29800, 29805, 29900, and 29905 of the Penal Code, and to Amend Sections 8100, 8101, 8103, and 8104 of the Welfare and Institutions Code, Relating to Firearms. AB 1084 (2013-2014) MelendezSplitNo
(1)Existing law prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school… More
(1)Existing law prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school district superintendent. Under existing law, any person who violates this provision by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, is punishable by imprisonment in a county jail for 2, 3, or 4 years. Under existing law, any person who violates this provision by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, is punishable by imprisonment in a county jail for 2, 3, or 4 years. This bill would make a violation of the above provisions punishable in the state prison. If the person is within a class of persons prohibited from possessing a firearm, the bill would require the person to be punished in the state prison for 4, 5, or 6 years if the violation was on the school grounds, and by imprisonment in the state prison for 3, 4, or 5 years if the violation was within 1,000 feet from the school grounds. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would also require a mandatory 9-month term of incarceration in a county jail as a condition of probation. By increasing the punishment for certain crimes, this bill would impose a state-mandated local program. (2)Existing law makes it unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, punishable by imprisonment in a county jail for 3, 5, or 7 years. This bill would make this crime punishable in the state prison. (3)Existing law makes it a crime to bring or possess a firearm, or a loaded firearm, upon the grounds of a campus of a public or private university. Under existing law the crime is punishable by imprisonment in a county jail for 1, 2, or 3 years if the firearm was unloaded, and 2, 3, or 4 years if loaded. This bill would make these crimes punishable in a state prison, and in the case of an unloaded firearm, would increase the minimum term from 1 year to 16 months. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would impose a state prison sentence of 3, 4, or 5 years, and a mandatory 6-month jail term as a condition of probation, if probation is granted, for a loaded firearm, and a state prison sentence of 2, 3, or 4 years, and a mandatory 3-month jail term as a condition of probation, if probation is granted, for an unloaded firearm. By increasing the punishment for a crime, and by creating new crimes, this bill would impose a state-mandated local program. (4)Under existing law it is a crime for any person to brandish a firearm, unlawfully carry a concealed firearm, or carry a loaded firearm, upon the grounds of or within a playground, or a public or private youth center during operating hours, punishable by imprisonment in a county jail for 1, 2, or 3 years. This bill would make a felony violation of this crime punishable in the state prison and would increase the minimum term from 1 year to 16 months. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would impose a prison sentence of 2, 3, or 4 years, and a mandatory 6-month jail term as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.(5)Existing law generally prohibits the carrying of a concealed firearm. If a person has previously been convicted of any felony, or certain other specified crimes, existing law makes a violation of the law against carrying a concealed weapon a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years, and imposes a mandatory 3-month jail term as a condition of probation, if probation is granted. This bill would instead make this crime punishable by imprisonment in the state prison for 2, 3, or 4 years, and would increase the mandatory jail term imposed as a condition of probation to 6 months. If the person has been previously convicted of certain specified violent felonies, the bill would require imprisonment in the state prison for 3, 4, or 5 years, and would impose a mandatory jail term of 9 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state mandated local program.(6)Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unicorporated territory. Under existing law, a violation of this provision where the person has been convicted of any felony, or of certain specified crimes, is punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would instead make this crime punishable by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. If the person has previously been convicted of certain specified felonies, the bill would require imprisonment in the state prison for 3, 4, or 5 years, and would impose a mandatory jail term of 9 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.(7)Existing law makes it a misdemeanor to furnish a firearm to certain specified classes of people who are prohibited from having a firearm. If the violation involves knowingly providing a firearm to persons specified as having been convicted of violating certain laws, existing law makes a violation punishable by imprisonment in a county jail for 2, 3, or 4 years. If the firearm is provided where the person furnishing the firearm has cause to believe the recipient is within the prohibited class, or is within a class of people prohibited for reasons of mental illness, existing law makes a violation punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would make a violation of the above provisions punishable in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. The bill would also impose this mandatory jail term as a condition of probation if the violation involved furnishing a firearm to a person who actively participates in a criminal street gang.(8)Existing law makes it a crime to furnish a firearm to anyone the person knows is not the actual purchaser. Under existing law no dealer may acquire a firearm with the intent to violate provisions of law prohibiting the furnishing of a handgun to any person who is under 21 years of age, or any other firearm to a person under 18 years of age, or with the intent to violate the provisions of law requiring a 10-day waiting period. Under existing law no person may acquire a firearm with the intent to avoid completing a firearms transaction through a licensed dealer. Existing law makes these crimes punishable in a county jail for 16 months, or 2 or 3 years, or by a fine not to exceed $1,000, or by both that fine and imprisonment. This bill would instead make these provisions punishable in the state prison for 16 months, or 2 or 3 years.(9)Existing law makes it a felony for any person who has been convicted of a felony or certain other specified crimes, or who is addicted to the use of any narcotic drug, to possess a firearm. Existing law makes it a felony for any person who has been convicted of a felony or certain other specified crimes, when the conviction resulted from a certification by the juvenile court for prosecution as an adult, to possess a firearm. Under existing law these crimes are punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. This bill would make these crimes punishable by imprisonment in the state prison for 2, 3, or 4, years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.(10)Existing law prohibits any person who has been convicted of specified misdemeanors from having a firearm. A violation of this provision is punishable by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years. This bill would make a felony conviction under these provisions punishable by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 3 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.(11)Under existing law, any person who has been convicted of certain enumerated violent offenses, or who has been convicted of certain enumerated violent offenses resulting from a certification by the juvenile court for prosecution as an adult, who possesses a firearm, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. Existing law imposes a 9-month mandatory jail term as a condition of probation for a violation of these provisions. This bill would instead make a violation of these provisions punishable in the state prison for 3, 4, or 5 years and would increase the mandatory jail term imposed as a condition of probation to 9 months. By increasing the punishment for a crime, this bill would impose a state-mandated local program.(12)Under existing law, any person who has been convicted of certain crimes enumerated as violent offenses, who possesses a firearm, is guilty of a felony. This bill would add additional crimes to the list of enumerated violent offenses, as provided. By creating new crimes, this bill would impose a state mandated local program.(13)Existing law prohibits a person from possessing a firearm or deadly weapon if the person has been admitted to a facility and is receiving inpatient treatment and the attending health professional is of the opinion that the person is a danger to self or others. Under existing a law a violation of this provision is punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, or by imprisonment in a county jail for not more than one year, by a fine not exceeding $1,000, or by both that imprisonment and fine. Under existing law it is a crime to furnish a person described by these provisions with a firearm, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would instead punish a violation of these provisions for possession by imprisonment in the state prison for 2, 3, or 4 years. The bill would punish a violation of the provisions for furnishing a firearm to a person prohibited from having a firearm pursuant to these provisions by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. The bill would also provide that furnishing a deadly weapon to a person described in the above provisions would be punishable in the state prison instead of a county jail. By increasing the punishment of a crime, this bill would impose a state-mandated local program.(14)Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence to a licensed psychotherapist, unless a court finds that the person is likely to use firearms or other deadly weapons in a safe and lawful manner. Under existing law a felony violation of these provisions is punishable in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law prohibits a person who has been adjudicated a danger to others as a result of a mental disorder, who has been adjudicated a mentally disordered sex offender, who has been found not guilty by reason of insanity, who has been found mentally incompetent to stand trial, who has been placed under a conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment of chronic alcoholism, who has been taken into custody because he or she is a danger or self to others, or who has been certified for intensive treatment, from possessing a firearm or deadly weapon. Under existing law a felony violation of these provisions is punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law also makes it a crime to provide a firearm to these individuals, a felony violation of which is punishable in a county jail for 2, 3, or 4 years. This bill would instead punish a violation of these provisions for possession by imprisonment in the state prison for 2, 3, or 4 years. The bill would punish a violation of the provisions for furnishing a firearm to a person prohibited from having a firearm pursuant to these provisions by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation , if probation is granted. The bill would also provide that furnishing of a deadly weapon to a person described in the above provisions would be punishable the state prison instead of a county jail. By increasing the punishment of a crime, this bill would impose a state-mandated local program.(15)Existing law requires the State Department of State Hospitals to maintain the records it has in its possession that are necessary to identify persons who are prohibited from having weapons. Existing law requires the State Department of State Hospitals to make these records available to the Department of Justice upon request. This bill would require the State Department of State Hospitals to make these records immediately available to the Department of Justice. (16)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. Hide
An Act to Add Section 4155 to the Fish and Game Code, Relating to Fish and Wildlife. AB 1213 (2013-2014) BloomOpposeYes
Existing law enumerates the fur-bearing mammals that may be taken only with a trap, a firearm, a bow and arrow, or poison under a proper permit, or with the use of dogs, and requires every person,… More
Existing law enumerates the fur-bearing mammals that may be taken only with a trap, a firearm, a bow and arrow, or poison under a proper permit, or with the use of dogs, and requires every person, other than a fur dealer, who traps fur-bearing mammals or nongame mammals designated by the Fish and Game Commission, or who sells raw furs of those mammals, to procure a trapping license. A violation of any of the provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified. This bill would enact the Bobcat Protection Act of 2013, which would, beginning January 1, 2014, make it unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the area surrounding Joshua Tree National Park, as specified. The bill would require the commission to amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited, as specified. The bill would require the commission, commencing January 1, 2016, to consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any other public or private conservation areas identified to the commission by the public as warranting protection, and to amend its regulations accordingly, as specified. The bill would prohibit the trapping of any bobcat, or attempt to do so, on any private land not belonging to the trapper without the express written consent of the owner of that property, as specified. The bill would require the commission to set trapping license fees for the 2014–15 season, and any subsequent seasons in which bobcat trapping is allowed, at the level necessary to fully recover all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission associated with the trapping of bobcats in the state, as specified. The bill would provide that these provisions do not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the taking of bobcats. By changing the definition of a crime, the bill would impose a state-mandated local program. 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. Hide
An Act to Add and Repeal Section 830.15 of the Penal Code, Relating to Peace Officers. AB 128 (2013-2014) BradfordOpposeYes
Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Existing law provides that a person who is employed as an airport law… More
Existing law establishes categories of peace officers with varying powers and authority to make arrests and carry firearms. Existing law provides that a person who is employed as an airport law enforcement officer is a peace officer whose authority extends to any place in the state for the purpose of enforcing the law in or about the properties owned, operated, and administered by the peace officer’s employing agency or when making an arrest if there is immediate danger to a person or property, or of an escape of the perpetrator of an offense. Existing law authorizes this category of peace officer to carry a firearm. This bill, if the Los Angeles Police Commission and the Los Angeles Board of Airport Commissioners enter into an agreement to enable the Inspector General of the Los Angeles Police Commission to conduct audits and investigations of the Los Angeles Airport Police Division, on or before April 1, 2014, would place an airport law enforcement officer regularly employed by Los Angeles World Airports, as defined, within a different category of peace officers whose authority extends to any place in the state without the above restrictions as to arrest powers and with the authority to carry specified firearms. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles, relating to law enforcement at the Los Angeles International Airport. Hide
An Act to Amend Sections 8100, 8103, 8104, and 8105 of the Welfare and Institutions Code, Relating to Firearms. AB 1296 (2013-2014) SkinnerOpposeNo
(1)Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical… More
(1)Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Under existing law, a violation of this provision is a crime. Existing law allows a person subject to these provisions to petition the superior court of his or her county for an order that he or she may possess a firearm, as provided.This bill would increase the prohibitory period from 6 months to 5 years. By increasing the scope of an existing crime, this bill would impose a state-mandated local program. This bill would revise the provisions allowing a person to petition the court for an order that he or she may possess a firearm to conform with other provisions of existing law.(2)Existing law allows a person to be taken into custody and placed in an approved facility for a 72-hour treatment and evaluation if the person is a danger to others, or to himself or herself, or is gravely disabled, as a result of a mental disorder. Existing law allows the person to be certified for a longer duration under certain conditions, as specified. Existing law prohibits a person who has been taken into custody, assessed, and admitted to a facility pursuant to these provisions from owning, possessing, controlling, receiving, or purchasing a firearm, or from attempting to do the same, for a period of 5 years after the person is released from the facility. Existing law imposes additional penalties for certain crimes involving possession of a firearm by a prohibited person. This bill would increase the above prohibitory period on having a firearm from 5 years to 10 years. The bill would make conforming changes. By expanding the scope of these crimes, this bill would impose a state-mandated local program.(3)Existing law requires reports to be submitted immediately to the Department of Justice in connection with mentally ill individuals who are prohibited from possessing firearms and dangerous weapons. This bill would specify that, for these purposes, “immediately” means a period of time not exceeding 24 hours. The bill would require notices and reports submitted to the Department of Justice in connection with these provisions to be submitted in an electronic format, in a manner prescribed by the Department of Justice. (4)Existing law requires the State Department of State Hospitals to maintain records in its possession that are necessary to identify persons who come within the prohibition on possessing firearms due to mental illness and requires the State Department of State Hospitals to make these records available to the Department of Justice upon request. This bill would require the State Department of State Hospitals to make these records available to the Department of Justice electronically, within 24 hoursThe 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. Hide
An Act to Amend Section 6254 of the Government Code, Relating to Public Records. AB 134 (2013-2014) LogueSplitNo
Existing law, the California Public Records Act, provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and… More
Existing law, the California Public Records Act, provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and every person has a right to inspect any public record, except as provided. However, existing law provides that nothing in the act shall be construed to require disclosure of information contained in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of members of his or her family. Existing law also provides that the provisions shall not be construed to require disclosure of the home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses or in licenses to carry firearms, as specified. This bill would instead provide that the California Public Records Act shall not be construed to require the disclosure of the home addresses and telephone numbers of applicants that are set forth in applications to carry firearms or of licensees that are set forth in licenses to carry firearms, as specified. This bill would also prohibit this provision from being construed as prohibiting the disclosure of public records relating to the reason an application for a license to carry a firearm was granted or denied, as specified. Because this bill would increase the duties of county sheriffs and the chiefs or other heads of police departments that issue firearms license applications, this bill would impose a state-mandated local program. This bill would also make technical, nonsubstantive changes to these provisions. Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Repeal and Add Chapter 4 (Commencing with Section 26150) of Division 5 of Title 4 of Part 6 of the Penal Code, Relating to Firearms. AB 1563 (2013-2014) DonnellySupportNo
Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an… More
Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, including firearm safety.This bill would require the Department of Justice to issue a license to carry a handgun concealed upon the person, if certain requirements are met and fees paid. The bill would specify the information, required for the application for the license, what data would be displayed on the license, and fees for issuance of a license, amendment, or replacement of a license. The bill would provide that the license would be valid for 5 years from issuance, unless canceled by the licensee or revoked for cause. The bill would create a misdemeanor for submission of false information on a license application, and a felony for submission of false statements on a license application, as specified. By creating new crimes, this bill would impose a state-mandated local program.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. Hide
An Act to Amend Sections 11106, 16520, 27590, 27600, 27875, 27920, and 28230 Of, and to Add Section 27585 To, the Penal Code, Relating to Firearms. AB 1609 (2013-2014) AlejoOpposeYes
(1)Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting… More
(1)Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser. This bill would, commencing January 1, 2015, prohibit a resident of this state from importing into this state, bringing into this state, or transporting into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the requirements described above regarding dealers. The bill would create several exemptions to this prohibition, as specified. The bill would make a violation of these provisions involving a firearm that is not a handgun a misdemeanor, and a violation involving a handgun a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program. (2)Existing law allows the Department of Justice to charge a fee for the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to provisions of law requiring individuals to report the acquisition of a firearm to the department. Some of the exemptions to the requirement to have an imported firearm first delivered to a dealer in the state created by this bill would require the person taking possession of the firearm and importing, bringing, and transporting it into the state to submit a report to the Department of Justice that includes information about the person taking possession of the firearm, how title was obtained, and a description of the firearm. This bill would allow the department to charge a fee for the actual costs associated with the preparation, sale, processing, and filing of these reports. (3)This bill would incorporate additional changes to Sections 16520 and 28230 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. This bill would incorporate additional changes to Section 11106 of the Penal Code, proposed by SB 53 and SB 808, that would become operative only if this bill and either or both of those bills are enacted and this bill is enacted last. (4)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. Hide
An Act to Amend Sections 32000, 32100, and 32110 of the Penal Code, Relating to Unsafe Handguns. AB 169 (2013-2014) DickinsonOpposeNo
(1)Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes… More
(1)Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law provides that the provisions defining and governing unsafe handguns do not apply to the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer or to the delivery of a firearm to a licensed dealer for purposes of a consignment sale or as collateral for a pawnbroker loan. This bill would limit these exemptions to a maximum of 2 firearms per person, per calendar year, and would make the provisions defining and governing unsafe handguns inapplicable to the surrender of any pistol, revolver, or other firearm capable of being concealed upon the person to a local law enforcement agency. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2)Existing law makes the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol, as specified. This bill would instead make the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol with a break top or bolt action. The bill would make this exemption inapplicable to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3)Existing law exempts the purchase of a handgun from the above prohibition on manufacturing, importing, selling, giving, or lending an unsafe handgun if the handgun is sold to, or purchased by, the Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the California Highway Patrol, a district attorney’s office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. This bill would prohibit a person exempted under the above provision from selling or otherwise transferring the ownership of the handgun to a person who is not exempted under the same provision unless the transaction is exempt from the requirement to complete the transaction through a licensed dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program. (4)The bill would also make nonsubstantive, technical corrections. (5)This bill would incorporate additional changes to Section 32000 of the Penal Code proposed by SB 363 that would become operative if this bill and SB 363 are both enacted and this bill is enacted last. (6)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. Hide
An Act to Amend Sections 16970, 31000, 31110, and 32650 of the Penal Code, Relating to Assault Weapons and .50 BMG Rifles. AB 170 (2013-2014) BradfordOpposeYes
Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a .50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law… More
Existing law, subject to exceptions, generally prohibits the possession of an assault weapon or a .50 BMG rifle, as defined. Violation of these prohibitions is a criminal offense. Existing law requires a person who wishes to acquire an assault weapon or .50 BMG rifle to obtain a permit from the Department of Justice. Existing law defines “person” as an individual, partnership, corporation, limited liability company, association, or any other group or entity, regardless of how it was created, for these permit purposes and other purposes related to the regulation of assault weapons and .50 BMG rifles. Existing law requires a permit to possess a machinegun. Violation of these provisions is a criminal offense. This bill would limit “person” to an individual for those permit purposes for assault weapons, .50 BMG rifles, and machineguns, and other purposes related to the regulation of assault weapons and .50 BMG rifles. The bill would, among other things, except application of that definition from provisions that generally prohibit the manufacture, distribution, transportation, importation, keeping for sale, offering for sale, exposing for sale, giving, or lending, of an assault weapon or .50 BMG rifle. The bill would make additional conforming changes, including changes relating to annual inspections, for security and safe storage purposes, of certain permitees possessing assault weapons or .50 BMG rifles, as specified. By changing provisions of law regulating the acquisition of assault weapons and .50 BMG rifles, the violation of which is a crime, this bill would impose a state-mandated local program. 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. Hide
An Act to Amend Sections 3100, 6383, and 6405 of the Family Code, and to Amend Section 136.2 of the Penal Code, Relating to Family Law. AB 176 (2013-2014) CamposOpposeYes
Existing law requires that, subject to specified limitations, an emergency protective order be enforced before any other protective or restraining order that has been issued. If there is no emergency… More
Existing law requires that, subject to specified limitations, an emergency protective order be enforced before any other protective or restraining order that has been issued. If there is no emergency protective order that takes precedence in enforcement and there is more than one civil protective or restraining order regarding the same parties, existing law generally requires a peace officer to enforce the order issued last. If there is no emergency protective order that takes precedence in enforcement and both criminal and civil protective or restraining orders have been issued regarding the same parties, existing law generally requires an officer to enforce the criminal order issued last. This bill would, as of July 1, 2014, instead require that a no-contact order has precedence in enforcement if more than one protective or restraining order has been issued, none of which is an emergency protective order that takes precedence in enforcement, and one of the orders that has been issued is a no-contact order, as described. This bill would also make related, conforming changes. This bill would also incorporate changes in Section 136.2 of the Penal Code proposed by AB 307, that would become operative on the date this bill becomes operative only if AB 307 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last. Hide
An Act to Amend Section 53071 of the Government Code, and to Amend Section 25605 of the Penal Code, Relating to Local Government. AB 180 (2013-2014) BontaOpposeNo
Existing law states that it is the intent of the Legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearms and that provisions of existing… More
Existing law states that it is the intent of the Legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearms and that provisions of existing law are exclusive of all local regulations relating to registration or licensing of commercially manufactured firearms, as specified. Existing law makes a person guilty of carrying a concealed firearm under specified circumstances. Existing law makes a person guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on specified locations. Existing law specifies that those provisions are not applicable to a person who carries any handgun anywhere within the person’s place of residence, place of business, or on specified property. Existing law prohibits a permit or license to purchase a handgun from being required of any person to purchase, own, possess, keep, or carry, a handgun within the person’s place of residence, place of business, or on specified property. This bill would authorize the City of Oakland to enact an ordinance or regulation, applicable solely to its residents and in accordance with federal law, that is more restrictive than state law regulating the registration or licensing of commercially manufactured firearms. The bill would also provide that those provisions relating to the carrying of a handgun within the person’s place of residence, place of business, or on specified property do not affect the application of the aforementioned authorization to the City of Oakland. This bill would make legislative findings and declarations regarding the need for special legislation. Hide
An Act to Amend Section 1656.1 of the Civil Code, to Add Title 7 (Commencing with Section 14001) to Part 4 of the Penal Code, and to Add Section 6012.4 To, and to Add Part 14.5 (Commencing with Section 33001) to Division 2 Of, the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 187 (2013-2014) BontaOpposeNo
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law, the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program, authorizes the Director of Mental Health, in consultation with the Superintendent of Public Instruction, to award matching grants to local educational agencies to pay the state share of the costs of providing programs that provide school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, in accordance with specified criteria. This bill would impose a tax upon retailers for the privilege of selling ammunition at the rate of 10% of the gross receipts of any retailer from the sale of ammunition sold at retail in this state on or after July 1, 2014. It would also impose a comparable excise tax on the storage, use, or other consumption in this state of ammunition purchased from a retailer for the storage, use, or other consumption in this state, as provided. The taxes would be collected pursuant to the Fee Collection Procedures Law. This bill would require that revenues collected pursuant to these taxes be deposited in the Ammunition Tax Fund, which this bill would create. This bill would require, upon appropriation by the Legislature, moneys in the Ammunition Tax Fund to be allocated in specified percentages to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program, and to the Public Safety Emergency Prevention Fund, which the bill would create. This bill would require the moneys in the Public Safety Emergency Prevention Fund, upon appropriation by the Legislature, to be expended by the Office of Emergency Services to fund public safety programs in high crime municipalities. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, and would create crimes for specified retailer misconduct, it would impose a state-mandated local program. 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 38010 to the Education Code, and to Amend Section 6254 of the Government Code, Relating to School Security. AB 202 (2013-2014) DonnellySupportNo
(1)Existing law authorizes the governing board of a school district to establish a security department or a school police department and authorizes specified moneys transferred into the general fund… More
(1)Existing law authorizes the governing board of a school district to establish a security department or a school police department and authorizes specified moneys transferred into the general fund of any school district to be used for the training of persons employed and compensated as members of a police department of a school district, as specified. This bill would establish the School Marshal Plan and would authorize school districts, county offices of education, and charter schools to use general purpose funds to provide training to a school marshal. The bill would define a school marshal as a school employee who, in accordance with the Gun-Free School Zone Act of 1995 and pursuant to locally adopted policies, is authorized to possess a firearm at a schoolsite or designated school activities. (2)Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to specified criteria, and with certain exceptions. Existing law excludes from disclosure certain information contained in applications for licenses to, and licenses to, carry firearms submitted by prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates, to county sheriffs and the chiefs or other heads of municipal police departments. This bill would exclude from disclosure the personally identifiable information set forth in applications for a license to, and the license to, carry firearms submitted by a school marshal to the sheriff of a county or the chief or other head of a municipal police department. By increasing duties on county sheriffs and the chiefs or other heads of municipal police departments, the bill would impose a state-mandated local program. (3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Sections 25100, 25110, and 26835 of the Penal Code, Relating to Firearms. AB 231 (2013-2014) TingOpposeYes
Existing law establishes the offenses of criminal storage of a firearm in the first degree, when a person keeps a loaded firearm within any premises under his or her custody or control, the person… More
Existing law establishes the offenses of criminal storage of a firearm in the first degree, when a person keeps a loaded firearm within any premises under his or her custody or control, the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or guardian, and a child obtains access to a person’s loaded firearm resulting in death or great bodily injury, as specified, and criminal storage of a firearm in the 2nd degree, when under those circumstances, the child obtains access to the firearm resulting in injury other than great bodily injury or the firearm is carried off premises, as specified. Existing law makes the first degree offense punishable as a felony or misdemeanor with specified penalties and makes the 2nd degree offense punishable as a misdemeanor with specified penalties. This bill would establish the offense of criminal storage of a firearm in the 3rd degree, when a person keeps a loaded firearm within any premises under his or her custody or control and negligently stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, unless reasonable action is taken by the person to secure the firearm against access by the child. The bill would make the offense punishable as a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program. Existing law requires a firearms dealer to conspicuously post specified warnings in the dealer’s licensed premises, including, among others, warnings regarding the criminal storage of firearms and the penalties for those offenses. This bill would make conforming changes to those required warnings to reflect the offense of criminal storage of a firearm in the 3rd degree. This bill would incorporate changes to Section 25100 of the Penal Code proposed by SB 363 that would become operative if this bill and SB 363 are both chaptered and this bill is chaptered last. The bill would also incorporate changes to Section 26835 of the Penal Code proposed by SB 299 that would become operative if this bill and SB 299 are both chaptered and this bill is chaptered last. 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. Hide
An Act to Add Chapter 3 (Commencing with Section 34380) to Division 12 of Title 4 of Part 6 of the Penal Code, Relating to Firearms. AB 232 (2013-2014) TingOpposeNo
Existing law requires the surrender of certain weapons to the sheriff of a county or chief of police of a municipal police department and allows an officer to whom weapons are surrendered to offer… More
Existing law requires the surrender of certain weapons to the sheriff of a county or chief of police of a municipal police department and allows an officer to whom weapons are surrendered to offer the weapons for sale at public auction. If the weapon is not of a type that can be sold to the public, existing law requires that the weapon be destroyed so that it can no longer be used as a weapon.This bill would establish the Gun Buyback Program in the Department of Justice, which would consist of local buyback programs administered by police or sheriff departments, as specified, that would be funded up to 50% by funds administered by the Department of Justice. The local programs would purchase firearms and, except as specified, destroy the firearms, as prescribed. Hide
An Act to Amend Sections 7574.14 and 7582.2 of the Business and Professions Code, and to Amend Sections 16520, 16750, 16850, 25590, and 25605 Of, to Repeal Sections 626.92, 16505, 16950, 17040, 17295, and 17512 Of, to Repeal Chapter 6 (Commencing with Section 26350) Of, and to Repeal Chapter 7 (Commencing with Section 26400) Of, Division 5 of Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. AB 249 (2013-2014) DonnellySupportNo
Existing law, subject to certain exceptions, makes it an offense for a person to carry an exposed and unloaded handgun on his or her person outside a motor vehicle or inside or on a motor vehicle in… More
Existing law, subject to certain exceptions, makes it an offense for a person to carry an exposed and unloaded handgun on his or her person outside a motor vehicle or inside or on a motor vehicle in public areas and public streets, as specified. Existing law, subject to exceptions makes it an offense for a person to carry an unloaded firearm that is not a handgun on his or her person outside a motor vehicle in an incorporated city or city and county and makes it an offense to carry an unloaded firearm that is not a handgun outside a motor vehicle in an incorporated city or city and county, as specified.This bill would repeal these provisions. The bill would make additional conforming changes. Hide
An Act to Amend Section 32310 Of, and to Add Section 32311 To, the Penal Code, Relating to Firearms. AB 48 (2013-2014) SkinnerOpposeYes
(1)Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine… More
(1)Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give, lend, buy, or receive any large capacity magazine conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would also make it a misdemeanor or a felony to buy or receive a large-capacity magazine, as specified. By creating a new crime, this bill would impose a state-mandated local program. (2)This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by SB 396 that would become operative if this bill and SB 396 are both enacted and this bill is enacted last. (3)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. Hide
An Act to Amend, Repeal, and Add Section 527.6 to the Code of Civil Procedure, Relating to Judicial Proceedings. AB 499 (2013-2014) TingOpposeYes
Existing law provides that a person who has suffered harassment, as defined, may seek a temporary restraining order and an injunction prohibiting harassment. If issued, the injunction shall be in… More
Existing law provides that a person who has suffered harassment, as defined, may seek a temporary restraining order and an injunction prohibiting harassment. If issued, the injunction shall be in effect for a period of up to 3 years and may be renewed for another period of up to 3 years. If the form does not establish an expiration date for the injunction, existing law establishes a default duration of 3 years. This bill would provide that, as of July 1, 2014, the injunction shall remain in effect, subject to termination or modification by further order of the court, for up to 5 years and would extend the order renewal period for up to an additional 5 years. Hide
An Act to Amend Sections 11106, 16520, 16540, 16850, 23510, and 28220 Of, and to Add Sections 17060, 25135, and 28255 To, the Penal Code, Relating to Firearms. AB 500 (2013-2014) AmmianoOpposeYes
(1)Existing law requires the Department of Justice, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving,… More
(1)Existing law requires the Department of Justice, upon submission of firearm purchaser information, to examine its records to determine if the purchaser is prohibited from possessing, receiving, owning, or purchasing a firearm. Existing law prohibits the delivery of a firearm within 10 days of the application to purchase, or, after notice by the department, within 10 days of the submission to the department of any corrections to the application to purchase, or within 10 days of the submission to the department of a specified fee. Existing law generally requires firearms transactions to be completed through a licensed firearms dealer. If a dealer cannot legally deliver a firearm, existing law requires the dealer to return the firearm to the transferor, seller, or person loaning the firearm. This bill would require the department to immediately notify the dealer to delay the transfer of a firearm to a purchaser if the records of the department, or if specified records available to the department, indicate that the purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation, that he or she has been arrested for, or charged with, a crime, or that the purchaser is attempting to purchase more than one firearm within a 30-day period, and the department is unable to ascertain whether the purchaser is ineligible to possess, receive, own, or purchase the firearm as a result of the determination of the purchaser’s mental health, the final disposition of the arrest or criminal charge, or whether the purchaser is ineligible to purchase the firearm because he or she is attempting to purchase more than one firearm within a 30-day period, prior to the conclusion of the 10-day waiting period. If the department is unable to ascertain the final disposition of the arrest or criminal charge, the outcome of the mental health treatment or evaluation, or whether the purchaser is ineligible to purchase the firearm because he or she is attempting to purchase more than one firearm within a 30-day period, within 30 days of the dealer’s submission of purchaser information, the bill would require the department to notify the firearms dealer, and would authorize the dealer to then immediately transfer the firearm to the purchaser. The bill would also enact similar provisions additionally requiring, among other things, the dealer and the purchaser to sign the register or record of electronic transfer, to take effect if AB 538 is enacted and amends Section 28160 of the Penal Code. (2)Existing law requires a firearm purchaser to present the dealer with clear evidence of the person’s identity and age, and requires the dealer to make a permanent record of the transaction. Existing law requires the dealer to transmit the record of applicant information to the Department of Justice by electronic or telephonic transfer. Commencing January 1, 2015, this bill would also require a dealer to notify the department that the person in an application to purchase actually took possession of the firearm, as specified. (3)Under existing law certain persons are prohibited from owning or possessing a firearm, including persons convicted of certain violent offenses, and persons who have been adjudicated as having a mental disorder, among others. This bill would prohibit a person who is residing with someone who is prohibited by state or federal law from possessing a firearm from keeping a firearm at that residence unless the firearm is either kept within a locked container, locked gun safe, locked trunk, locked with a locking device, disabled by a firearm safety device, or carried on the person. The bill would make a violation of this provision a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (4)The bill would incorporate additional changes to Section 11106 of the Penal Code, made by this bill, AB 539, and SB 53, and additional changes to Section 16520 of the Penal Code made by this bill and SB 299, to take effect if one or more of those bills are chaptered and this bill is chaptered last. (5)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. Hide
An Act to Amend Sections 26384, 26405, 27600, 28000, 28160, 28210, and 28215 Of, and to Add Sections 26620, 27620, and 31835 To, the Penal Code, Relating to Firearms. AB 538 (2013-2014) PanOpposeYes
(1)Existing law, subject to specified exceptions, makes it a crime to openly carry an exposed, unloaded handgun outside a vehicle in specified public places. Existing law exempts from this crime, in… More
(1)Existing law, subject to specified exceptions, makes it a crime to openly carry an exposed, unloaded handgun outside a vehicle in specified public places. Existing law exempts from this crime, in part, the open carrying of an unloaded handgun at an auction or similar event for a nonprofit public benefit or mutual benefit corporation, if the handgun is to be auctioned or sold for the nonprofit public benefit or mutual benefit corporation, and the handgun is delivered by a person licensed by existing law. This bill would make technical, nonsubstantive changes to these provisions. (2)Existing law, subject to specified exceptions, including use by a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges while the members are using handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range, makes it a crime for a person to carry an unloaded firearm that is not a handgun outside a vehicle while in an incorporated city or city and county. This bill would clarify that the exception applies to members of a shooting organization while the members are using firearms that are not handguns upon the target ranges and would make additional technical changes. (3)Existing law prohibits a person from selling, leasing, or transferring a firearm unless the person is issued a license. Existing law provides for specified exemptions to that licensing requirement, including the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer or retiring peace officer, as specified. This bill would also exempt from the licensing requirement the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government, to a licensed firearms dealer, a wholesaler, or a licensed manufacturer or importer of firearms or ammunition, if certain specified requirements are met. If the authorized law enforcement representative sells, delivers, or transfers a firearm to a licensed firearms dealer, the bill would require the governmental agency to enter a record of the delivery into the Automated Firearms Systems (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days. (4)Existing law imposes various other restrictions on the sale, delivery, or transfer of firearms. Existing law excludes from those provisions the sale, delivery, or transfer of firearms made to an authorized law enforcement representative of a city, county, city and county, or of the state or federal government for exclusive use by that governmental agency, if certain conditions are met. Existing law provides that within 10 days of the date a firearm is acquired by the agency, a record shall be entered as an institutional weapon into the AFS via the CLETS. This bill would require an agency that subsequently destroys that weapon to enter information that the weapon has been destroyed into the AFS via the CLETS within 10 days of destruction. (5)Existing law provides that when neither party to a firearms transaction holds a dealer’s license, the parties to the transaction are required to complete the sale, loan, or transfer of that firearm through a firearms dealer, except as specified. This bill would exclude from those provisions the sale, delivery, or transfer of a firearm if made by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain specified conditions are met, including that the sale, delivery, or transfer is made to a wholesaler, or a licensed manufacturer, or importer of firearms or ammunition. The bill would require the agency to enter a record of the delivery into the AFS via the CLETS within 10 days. (6)Existing law requires the register or record of an electronic or telephonic transfer of a firearm to include specified information, including information on certain waiting period exemptions, including a dealer waiting period exemption, and requires the firearms dealer to record on the register or record the date that the firearm is delivered. A violation of those provisions is a misdemeanor. This bill instead would require the register or record to include any applicable waiting period exemption information. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would also require the register or record to include a statement that the Department of Justice shall furnish the purchaser with any information reported to the department relating to the purchaser’s ownership of the firearm, that the purchaser is entitled to file a report of his or her acquisition of the firearm, and of instructions for accessing the department’s Internet Web site for more information. The bill would require the firearms dealer to record his or her signature indicating delivery of the firearm, and would require the purchaser to sign the register or record on the date that the firearm is delivered to the purchaser. (7)Existing law requires the purchaser of a firearm to present evidence to the dealer of the person’s identity and age, and requires the transaction to be recorded by the dealer in a register or record of telephonic or electronic transfer. Existing law requires a dealer, upon request only, to provide a copy of the register or record of the transaction to the purchaser, and, for a private party transaction, requires the dealer, upon request, to provide the seller or purchaser with a copy of the register or record, as specified. This bill instead would require the dealer to provide a copy of those documents to the purchaser at the time of delivery of the firearm after the dealer notes the date of delivery and the dealer’s signature indicating delivery of the firearm, and the dealer and purchaser acknowledge the receipt of the firearm. The bill, for private party transactions, would require the dealer to provide a copy of the register or record to the seller at the time that the register or record is signed by the seller. (8)Existing law prohibits a person from purchasing or receiving a handgun, except an antique firearm, without a valid handgun safety certificate, and further prohibits a person from selling, delivering, loaning, or transferring a handgun to a person who does not possess a valid handgun safety certificate, except as specified. This bill would exclude the sale, delivery, or transfer of a firearm by an authorized law enforcement representative of a city, county, city and county, or of the state or federal government if certain conditions are met, including that the sale, delivery, or transfer is made to one of specified persons and entities. (9)The bill would make conforming changes. (10)This bill would incorporate changes to Section 28160 of the Penal Code proposed by SB 683 that would become operative if this bill and SB 683 are both chaptered and this bill is chaptered last. (11)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. Hide
An Act to Amend Sections 11106, 29810, 29825, 29850, and 33870 Of, and to Add Section 29830 To, the Penal Code, Relating to Firearms. AB 539 (2013-2014) PanSupportYes
Existing law prohibits specified persons, including persons convicted of specified crimes, persons addicted to the use of any narcotic drug, certain probationers, and persons against whom specified… More
Existing law prohibits specified persons, including persons convicted of specified crimes, persons addicted to the use of any narcotic drug, certain probationers, and persons against whom specified restraining orders or injunctions apply, from possessing a firearm. Under existing law a violation of these provisions is justified if the person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law, if certain requirements are met. Existing law allows a firearm that is in the custody of a law enforcement agency to be sold or transferred to a licensed dealer if the law enforcement agency determines that the legal owner of the firearm is prohibited from possessing the firearm. Existing law requires that a person prohibited from possessing a firearm pursuant to certain provisions of law to be notified and provided with a form to facilitate the transfer of firearms. Existing law requires the Judicial Council to provide notice on all protective orders that the respondent is prohibited from possessing a firearm while the protective order is in effect and that the firearm shall be relinquished to a local law enforcement agency or a licensed firearms dealer. This bill would allow anyone who is prohibited from owning or possessing a firearm pursuant to the above provisions or any other provision of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. The bill would require a firearms dealer who stores a firearm under these circumstances to notify the Department of Justice of the date that the dealer has taken possession of the firearm, and would also require the Attorney General to maintain a record of this information. The bill would make conforming changes to the above provisions. Because the bill would impose certain requirements on local agencies relating to the transfer of firearms to a licensed firearms dealer, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 11106 of the Penal Code, proposed by AB 500 and SB 53, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2014, and this bill is chaptered last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
An Act to Amend Section 3004.5 of the Fish and Game Code, Relating to Hunting. AB 711 (2013-2014) RendonOpposeYes
(1)Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to… More
(1)Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to define by regulation nonlead ammunition as including only centerfire rifle and pistol ammunition in which there is no lead content. Existing law requires the commission to establish and annually update a list of certified centerfire rifle and pistol ammunition. Existing law requires that nonlead centerfire rifle and pistol ammunition, as determined by the commission, be used when taking big game with a rifle or pistol, as defined by the Department of Fish and Wildlife’s hunting regulations, and when taking coyote, within specified deer hunting zones, but excluding specific counties and areas. A violation of these provisions is a crime. Existing law requires the commission to establish a process, to the extent that funding is available, that will provide hunters in these specified deer hunting zones with nonlead ammunition at no or reduced charge. This bill would instead require, as soon as is practicable, but by no later than July 1, 2019, the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm. The bill would require the commission to certify, by regulation, nonlead ammunition for these purposes. The bill would require that the list of certified ammunition include any federally approved nontoxic shotgun ammunition. The bill would make conforming changes. The bill would provide that these provisions do not apply to government officials or their agents when carrying out a statutory duty required by law. The bill would require the commission to promulgate regulations by July 1, 2015, that phase in the requirements of these provisions. The bill would require that these requirements be fully implemented statewide by no later than July 1, 2019. The bill would require the commission to implement any of these requirements that can be implemented practicably, in whole or in part, in advance of July 1, 2019. The bill would also require that the commission not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor range, as described, unless or until the additional requirements for use of nonlead ammunition as required by these provisions are implemented. By expanding and changing the definition of a crime, the bill would impose a state-mandated local program. (2)Existing federal law restricts the importing, manufacturing, or sale of armor-piercing ammunition, as specified. This bill would temporarily suspend the required use of nonlead ammunition for a specific hunting season and caliber upon a finding by the Director of Fish and Wildlife that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition. The bill would require, notwithstanding a suspension, that nonlead ammunition be used when taking big game mammals, nongame birds, or nongame mammals in the California condor range. (3)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. Hide
An Act to Amend Sections 16520, 16730, and 27590 Of, and to Add Sections 27575, 27580, and 27585 To, the Penal Code, and to Amend Section 8103 of the Welfare and Institutions Code, Relating to Firearms. AB 740 (2013-2014) AlejoOpposeNo
Existing law provides that certain prohibitions on the transfer of firearms do not apply if the transfer is among other things, infrequent. Existing law defines “infrequent” for these purposes as… More
Existing law provides that certain prohibitions on the transfer of firearms do not apply if the transfer is among other things, infrequent. Existing law defines “infrequent” for these purposes as less than 6 transactions per calendar year for handguns, and occasional and without regularity for firearms other than handguns. Existing law defines “transaction” for these purposes as a single sale, lease, or transfer of any number of handguns. This bill would define “infrequent” for purposes of these provisions as less than 6 firearms transactions per calendar year. The bill would revise the definition of “transaction” for these purposes to mean a single sale, lease, or transfer of any number of firearms. By expanding the definitions of the underlying crimes affected by the definition of infrequent, this bill would impose a state-mandated local program.Existing law, subject to exceptions, requires a firearm transaction to be conducted by a licensed firearms dealer. Existing law establishes requirements that dealers must adhere to in conducting firearms transactions and when delivering firearms, including, among others, a 10-day waiting period, purchaser background check, and possession of a handgun safety certificate by the purchaser. This bill would make it a crime for a person to purchase or receive a firearm from a dealer, knowing or having reasonable cause to believe that the delivery of that firearm by that dealer to that person violates specified provisions regulating the delivery of a firearm by a dealer. The bill would make it a crime for any person, corporation, or dealer to transport or bring into this state a firearm for the purpose of selling, transferring, or loaning the firearm with the intent to avoid the requirement that the transaction be conducted by a dealer, or with the intent to avoid the requirements of any exemption to that dealer requirement. The bill would make additional conforming changes. By creating new crimes, this bill would impose a state-mandated local program. Existing law prohibits a person who, after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, from purchasing or receiving, or attempting to purchase or receive, or having in his or her possession, custody, or control any firearm or any other deadly weapon unless he or she has been issued a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. Existing law similarly prohibits certain other persons from possessing firearms, including, among others, persons found not guilty by reason of insanity of specified crimes, persons found incompetent to stand trial, and persons placed under a conservatorship for specified reasons. Existing law requires the court to notify the Department of Justice regarding these persons and certain other persons prohibited from possessing firearms, as specified. This bill would require the court to report the required information to the Department of Justice exclusively by electronic means, in a manner prescribed by the department.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. Hide
An Act to Amend Section 1656.1 of the Civil Code, and to Add Part 14.5 (Commencing with Section 33001) to Division 2 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy. AB 760 (2013-2014) DickinsonOpposeNo
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other… More
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. This bill would impose a tax upon retailers for the privilege of selling ammunition, as defined, at the rate of $0.05 per item of ammunition sold at retail in this state on or after January 1, 2014. It would also impose a complemental excise tax on the storage, use, or other consumption in this state of ammunition purchased from a retailer for storage, use, or other consumption in this state, as provided. The tax would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require that revenues collected pursuant to these taxes be allocated to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy. Hide
An Act to Add Section 7513.4 to the Government Code, Relating to Public Retirement Systems. AB 761 (2013-2014) DickinsonOpposeNo
The California Constitution provides that the Legislature may by statute prohibit retirement board investments if it is in the public interest to do so, and providing that the prohibition satisfies… More
The California Constitution provides that the Legislature may by statute prohibit retirement board investments if it is in the public interest to do so, and providing that the prohibition satisfies specified fiduciary standards. Existing law prohibits the boards of the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a company with active business operations in Sudan and Iran, as specified. This bill would additionally prohibit the Public Employees’ Retirement System and the California State Teachers’ Retirement System from investing public employee retirement funds in a company with business operations that are described as the manufacture of firearms or ammunition, as specified. The bill would require the Board of Administration of the Public Employees’ Retirement System and the Teachers’ Retirement Board of the State Teachers’ Retirement System to sell or transfer any investments in a company with these business operations. This bill would require these boards to report to the Legislature any investments in a company with these business operations and the sale or transfer of those investments, subject to the fiduciary duty of these boards, by January 1, 2015, and every year thereafter. Hide
Relative to National Multicultural Cancer Awareness Week. AJR 5 (2013-2014) GomezOpposeYes
This measure would designate the week of April 20 to 26, 2014, inclusive, as National Multicultural Cancer Awareness Week, encourage continued research into policies and programs that seek to reduce… More
This measure would designate the week of April 20 to 26, 2014, inclusive, as National Multicultural Cancer Awareness Week, encourage continued research into policies and programs that seek to reduce cancer disparities and, as a result, improve cancer prevention, detection, treatment, and followup care for all Californians, and urge the President and the Congress of the United States to recognize National Multicultural Cancer Awareness Week. Hide
An Act Relating to Firearms. SB 108 (2013-2014) YeeOpposeNo
Existing law regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms, and other safety devices including gun safes.This bill would… More
Existing law regulates the possession of firearms, including storage requirements to prevent children from gaining access to firearms, and other safety devices including gun safes.This bill would require the Department of Justice to conduct a study to determine effective firearm safe storage measures to reduce, among other things, unintentional injury and death caused by firearms. The bill would require the study to, among other things, analyze local firearm safe storage ordinances in this state and firearm safe storage statutes in other states, as specified. The bill would require the department to report the study to the chairs of the Senate Public Safety Committee and the Assembly Public Safety Committee on or before January 1, 2016. Hide
An Act to Amend Section 8105 of the Welfare and Institutions Code, Relating to Firearms. SB 127 (2013-2014) GainesSplitYes
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably… More
Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and requires the local law enforcement agency to immediately notify the Department of Justice. This bill would instead require the licensed psychotherapist to make the report to local law enforcement within 24 hours, in a manner prescribed by the department. The bill would require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department. Hide
An Act to Add Section 30015 to the Penal Code, Relating to Firearms, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 140 (2013-2014) SteinbergOpposeYes
Existing law establishes the Dealers’ Record of Sale Special Account in the General Fund with moneys in the account available upon appropriation by the Legislature. Existing law requires the… More
Existing law establishes the Dealers’ Record of Sale Special Account in the General Fund with moneys in the account available upon appropriation by the Legislature. Existing law requires the Attorney General to establish and maintain an online database to be known as the Prohibited Armed Persons File, sometimes referred to as the Armed Prohibited Persons System, to cross-reference persons who have ownership or possession of a firearm with those who are prohibited from owning or possessing a firearm. This bill would appropriate $24,000,000 from the Dealers’ Record of Sale Special Account to the Department of Justice to address the backlog in the Armed Prohibited Persons System, thereby making an appropriation. The bill would require the department to report to the Joint Legislative Budget Committee regarding ways the backlog in the Armed Prohibited Persons System has been reduced or eliminated, as specified. The bill would make related findings and declarations. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 10506 of the Fish and Game Code, Relating to State Game Refuges. SB 175 (2013-2014) FullerSupportNo
Existing law generally prohibits the use or possession is in a game refuge of a firearm, BB device, crossbow, or bow and arrow capable of being used to take birds or mammals. However, existing law… More
Existing law generally prohibits the use or possession is in a game refuge of a firearm, BB device, crossbow, or bow and arrow capable of being used to take birds or mammals. However, existing law permits the possession of a firearm, BB device, crossbow and bolts, or bow and arrow by a person when traveling through any state game refuge when the firearms are taken apart or encased and unloaded and the bows are unstrung or stored separately from any arrow or bolt. Existing law requires that when the traveling is done on a route other than a public highway or other public thoroughfare or right of way, specified notice be given to the Department of Fish and Wildlife at least 24 hours before that traveling. This bill would exempt certain peace officers, whether active or honorably retired, and any person licensed to carry a concealed firearm from the above travel and notice requirements as they relate to a firearm. Hide
An Act to Amend, Repeal, and Add Sections 16250 and 16700 of the Penal Code, Relating to BB Devices. SB 199 (2013-2014) De LeonOpposeYes
Existing law prohibits a person from furnishing a BB device, defined to include a spot marker gun, to a minor without the permission of the minor’s parent or guardian, and prohibits selling a BB… More
Existing law prohibits a person from furnishing a BB device, defined to include a spot marker gun, to a minor without the permission of the minor’s parent or guardian, and prohibits selling a BB device to a minor. Violation of either of these prohibitions is a crime. Existing law defines a BB device as any instrument that expels a projectile, such as a BB or pellet, that does not exceed 6 millimeters in caliber. This bill would, commencing January 1, 2016, delete the 6 millimeter restriction from the definition of a BB device. By including a device that expels a BB or pellet that exceeds 6 millimeters in caliber within the definition of a BB device, this bill would expand the scope of existing crimes, and impose a state-mandated local program. Existing law generally prohibits anyone from purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm. A person is liable for a civil fine of not more than $10,000 for a violation of this prohibition. Existing law excludes all BB devices from the definition of imitation firearm for these purposes. This bill would, commencing January 1, 2016, make BB devices that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber subject to that prohibition unless the devices meet specified coloration requirements, and would exclude spot marker guns that expel a projectile larger than 10 millimeters in caliber from the prohibition. Existing law, for purposes of regulating imitation firearms, adopts coloration and construction schemes prescribed by federal law. Existing law includes a cross-reference to those federal provisions. This bill would delete the cross-reference to the federal provisions. 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. Hide
An Act to Amend Section 31910 of the Penal Code, Relating to Firearms. SB 293 (2013-2014) DeSaulnierOpposeNo
Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are… More
Existing law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. Existing law requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe. Other provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe.This bill would define an owner-authorized handgun as a handgun that has a permanent feature that renders the handgun incapable of being fired except when activated by the lawful owner or owners of the handgun. The bill would specify requirements that an owner-authorized handgun would be required to meet, and would require a manufacturer that has developed an owner-authorized handgun meeting those requirements to submit the handgun for testing, at the manufacturer’s expense, before the handgun may be placed on the roster of handguns determined not to be unsafe. If two owner-authorized handguns have been placed on the roster, the bill would, commencing two years from the date that the second handgun was placed on the roster, prohibit the Department of Justice from placing a handgun on the roster that is not an owner-authorized handgun.By expanding the application of provisions of law that define a criminal offense, this bill would impose a state-mandated local program.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. Hide
An Act to Amend Sections 16520, 26835, and 27535 Of, and to Add Division 4.5 (Commencing with Section 25250) to Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. SB 299 (2013-2014) DeSaulnierOpposeNo
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported… More
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center. This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 7 days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it an infraction for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm. By creating new crimes, this bill would impose a state-mandated local program. The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice Automated Firearms System. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified. (2)Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person’s handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase. This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill. (3)This bill would incorporate additional changes to Section 16520 of the Penal Code made by this bill and AB 500, and additional changes to Section 26835 of the Penal Code made by this bill and AB 231, to take effect if either or both of those bills are chaptered and this bill is chaptered last. (4)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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Hide
An Act to Amend Sections 25100, 25200, 32000, and 32015 of the Penal Code, Relating to Firearms. SB 363 (2013-2014) WrightOpposeYes
(1)Existing law requires the Department of Justice to maintain a roster listing all pistols, revolvers, and other firearms capable of being concealed on the person that have been tested by a… More
(1)Existing law requires the Department of Justice to maintain a roster listing all pistols, revolvers, and other firearms capable of being concealed on the person that have been tested by a certified testing laboratory and have been determined not to be unsafe handguns. Existing law allows the department to charge manufacturers of firearms an annual fee not to exceed the costs of preparing, publishing, and maintaining the roster. This bill would require the annual fee, commencing on January 1, 2015, to be paid on January 1, or the next business day, of every year. (2)Existing law makes it a misdemeanor punishable with specified penalties if a person keeps a handgun at the person’s premises and knows or reasonably should know that a child is likely to gain access to the handgun without permission, as specified, and the child gains access to the handgun and carries it off-premises or off-premises to a school, as specified. This bill would make that prohibition apply to a person who keeps a handgun at the person’s premises and knows or reasonably should know that a prohibited person, as specified, is likely to gain access to the handgun, and the prohibited person gains access to the handgun and carries it off-premises or off-premises and to a school, as specified. (3)Existing law makes it an offense for any person in this state to manufacture or cause to be manufactured, import into the state for sale, keep for sale, offer or expose for sale, give, or lend any unsafe handgun, as defined. Existing law exempts from those prohibitions, the sale of handguns to, or the purchase of handguns by, specified law enforcement entities, among others. This bill would exempt the sale of handguns to, or the purchase of handguns by, federal law enforcement agencies from the application of those prohibitions. (4)Existing law, subject to exceptions, provides that the offense of criminal storage of a firearm is committed when a person who keeps any loaded firearm within any premises that are under the person’s custody or control knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, and the child obtains access to the firearm and thereby causes death or injury to the child or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified. This bill would expand these provisions to include the circumstance of when the person who keeps the firearm knows or reasonably should know that a person prohibited from owning or possessing a firearm or deadly weapon, as specified, is likely to gain access to the firearm, and that person gains access to the firearm and thereby causes death or injury to himself or herself or any other person, as specified, or carries the firearm to a public place, or unlawfully displays or uses the firearm, as specified. (5)This bill would incorporate additional changes to Section 25100 of the Penal Code proposed by AB 231 that would become operative if this bill and AB 231 are both enacted and this bill is enacted last. This bill would incorporate additional changes to Section 32000 of the Penal Code proposed by AB 169 that would become operative if this bill and AB 169 are both enacted and this bill is enacted last. (6)By expanding the scope of existing crimes, this bill would impose a state-mandated local program. 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. Hide
An Act to Amend Sections 30515 and 30900 Of, and to Add Section 30902 To, the Penal Code, Relating to Firearms. SB 374 (2013-2014) SteinbergOpposeNo
Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these… More
Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features, and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon. This bill would, instead, classify a semiautomatic centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds as an assault weapon. The bill would require a person who, between January 1, 2001, and December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, and who, on or after January 1, 2014, possesses that firearm, to register the firearm by July 1, 2015. By expanding the definition of a crime, this bill would impose a state-mandated local program. 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. Hide
An Act to Repeal Sections 48215 and 66010.8 of the Education Code, to Repeal Section 53069.65 of the Government Code, to Repeal Chapter 1.3 (Commencing with Section 130) of Part 1 of Division 1 of the Health and Safety Code, to Repeal Section 834b of the Penal Code, and to Repeal Section 10001.5 of the Welfare and Institutions Code, Relating to Public Services. SB 396 (2013-2014) De LeonOpposeYes
Proposition 187, which was approved by the voters at the November 8, 1994, statewide general election, made illegal aliens ineligible for specified public social services, public health care… More
Proposition 187, which was approved by the voters at the November 8, 1994, statewide general election, made illegal aliens ineligible for specified public social services, public health care services, and public school education at the elementary, secondary, and post-secondary levels. Among other things, the proposition also required various state and local agencies to report suspected illegal aliens, as specified, and required the Attorney General to perform certain tasks in connection with transmitting and retaining those reports. These provisions of Proposition 187 were rendered unenforceable after a federal court found them to be preempted by the United States Constitution and other federal law. This bill would repeal the unenforceable provisions of Proposition 187, as described above. Hide
An Act to Amend Sections 30515 and 30900 Of, and to Add Section 30680 To, the Penal Code, Relating to Firearms. SB 47 (2013-2014) YeeOpposeNo
(1)Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law… More
(1)Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic, centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of specified attributes, including, for rifles, a thumbhole stock, and for pistols, a second handgrip. This bill would revise these provisions to mean a semiautomatic, centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. This bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2)Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. This bill would exempt from punishment under that provision a person who initially possessed an assault weapon prior to January 1, 2014, and until July 1, 2015, if specified requirements are met. (3)Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before July 1, 2015, but not before the effective date of specified regulations. This bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. This bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. This bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. This bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified. This bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. This bill would also make technical and conforming changes. (4)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. Hide
An Act to Add Section 4132 to the Food and Agricultural Code, Relating to Agricultural Districts. SB 475 (2013-2014) LenoOpposeNo
Existing law divides the state into agricultural districts, and establishes that District 1-A is the County of San Mateo and the City and County of San Francisco. Existing law generally establishes… More
Existing law divides the state into agricultural districts, and establishes that District 1-A is the County of San Mateo and the City and County of San Francisco. Existing law generally establishes the powers and duties of a district agricultural association, and also generally regulates the transfer of firearms. A violation of the statutes governing agricultural districts is a misdemeanor. This bill would require the prior approval of the board of supervisors of both the County of San Mateo and the City and County of San Francisco for an officer, employee, operator, or lessee of District 1-A to contract for, authorize, or allow an event at which a firearm or ammunition is sold at the Cow Palace. By creating a new crime, the bill would impose a state-mandated local program. 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. Hide
An Act to Amend Sections 11106, 17315, 30000, 30005, 30312, 30345, 30347, 30350, 30352, and 30365 Of, to Amend the Heading of Article 3 (Commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 Of, to Add Sections 16663, 30313, 30348, and 30367 To, to Add Article 5 (Commencing with Section 30380) to Chapter 1 of Division 10 of Title 4 of Part 6 Of, and to Repeal Section 30355 Of, the Penal Code, Relating to Ammunition. SB 53 (2013-2014) De LeonOpposeNo
(1)Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining… More
(1)Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions. In regard to certain of those records, existing law authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms listed in the record, the description of any firearm, and other information reported to the Department of Justice, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a “Victims of Domestic Violence” card, and authorizes the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. This bill would require the Attorney General to also maintain information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes. This bill would similarly authorize specified peace officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a “Victims of Domestic Violence” card, and would authorize the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record.By imposing new duties on local law enforcement officers, this bill would impose a state‑mandated local program.(2)Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control, any ammunition or reloaded ammunition. The bill would also create a similar Prohibited Ammunition Purchaser File for these purposes. This bill would, commencing July 1, 2016, use the Prohibited Armed Persons File to cross-reference those persons with records of ammunition transactions to determine if these persons have acquired or attempted to acquire ammunition. (3)Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transaction and makes a violation of this requirement a crime. Existing law provides that the term “vendor” for purposes of ammunition sales is a “handgun ammunition vendor” as defined for those and other purposes. This bill would extend those provisions to any ammunition. The bill would provide that the term “vendor” for purposes of ammunition sales means “ammunition vendor,” and, commencing July 1, 2016, who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1, 2016, only a licensed ammunition vendor may sell ammunition. The bill would create additional exemptions from these requirements for specified events conducted by a nonprofit entity, and for persons who hold a valid hunting license, as specified, and would make additional conforming changes. (4)Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying for transfer of ownership of, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (5)Existing law requires ammunition vendors to maintain ammunition transaction records, as specified, on the vendor’s premises for a period of 5 years. This bill would repeal the provisions requiring ammunition transaction records be maintained for 5 years by the vendor. (6)Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified. This bill would extend those provisions to transactions of any ammunition and would, commencing July 1, 2016, require the ammunition vendor to submit that information to the department, as specified. The bill would require the department to retain the information for 5 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. (7)The bill would authorize the Department of Justice to accept applications for ammunition vendor licenses, commencing January 1, 2016. The bill would require an ammunition vendor to be licensed, commencing July 1, 2016, in order to sell ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Vendors Special Account, into which vendor license fees would be deposited and made available, upon appropriation by the Legislature, to the Department of Justice for purposes of enforcing the ammunition vendor licensing provisions. The bill would require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified. The bill would require the Attorney General to prepare and submit to the Legislature on or before July 1, 2017, a report concerning, among other things, recommendations for enhancements that could be made to the background check system, as specified. By creating a new crime, this bill would impose a state-mandated local program. (8)The bill would provide that for the provisions discussed above, as specified, “ammunition” does not include blanks.(9)Existing law establishes the Firearms Safety and Enforcement Special Fund, a continuously appropriated fund, for use by the Department of Justice for specified purposes related to weapons and firearms regulation.This bill would, notwithstanding that continuous appropriation, provide that these funds are available, upon appropriation by the Legislature, for specified purposes related to ammunition vendors and ammunition vendor licensing. (10)The bill would make additional nonsubstantive, technical changes. (11)This bill would incorporate additional changes to Section 11106 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. (12)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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Hide
An Act to Amend Sections 17190 and 30900 Of, and to Add Section 30903 To, the Penal Code, Relating to Firearms. SB 567 (2013-2014) JacksonOpposeNo
(1)Existing law, for purposes of regulation, defines a shotgun as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or… More
(1)Existing law, for purposes of regulation, defines a shotgun as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles or a single projectile for each pull of the trigger. This bill would revise the definition of a shotgun to delete the requirement that it be intended to be fired from the shoulder, and would clarify that the projectile may be fired through either a rifled bore or a smooth bore. The bill would state that this definition does not include handguns, except as specified. The bill would also delete an erroneous cross-reference. (2)Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law defines a shotgun with a revolving cylinder as an assault weapon. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that those fees do not exceed the reasonable processing costs of the department. The bill would require any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully acquired a shotgun with a revolving cylinder, as defined, including those firearms subject to the revised definition of “shotgun,” to register the firearm before July 1, 2015, with the department pursuant to those procedures that the department may establish. The bill would prohibit an individual from being penalized for a violation of that requirement prior to July 1, 2015. The bill would require registrations to be submitted electronically via the Internet, as specified. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would authorize the department to adopt regulations for the purpose of carrying out those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would authorize the department to charge a fee for registration of each assault weapon of up to $20 per firearm but not to exceed the reasonable processing costs of the department, as specified. The bill would require payment be made by debit or credit card, as specified. The bill would also make technical and conforming changes. By changing the definition of an existing crime, this bill imposes a state-mandated local program. 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. Hide
An Act to Amend Section 29800 of the Penal Code, Relating to Firearms. SB 644 (2013-2014) CannellaSupportNo
Existing law provides that any person convicted of a felony under the laws of the United States, the State of California, or any other state, and who owns, purchases, receives, or has in possession… More
Existing law provides that any person convicted of a felony under the laws of the United States, the State of California, or any other state, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. Other existing law prescribes the punishment for that felony as imprisonment for a term of 16 months, or 2 or 3 years. This bill would provide that the punishment for subsequent convictions of that felony would be imprisonment for a term of 4, 5, or 6 years. By increasing the penalties for an existing crime, this bill would impose a state-mandated local program. The bill would also make technical, nonsubstantive changes to this provision. 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. Hide
An Act to Amend Sections 27540, 27875, 27880, 27920, 27925, 28160, 31620, and 31810 Of, to Amend the Heading of Chapter 4 (Commencing with Section 31500) of Division 10 of Title 4 of Part 6 Of, to Amend the Heading of Article 2 (Commencing with Section 31610) of Chapter 4 of Division 10 of Title 4 of Part 6 Of, to Amend the Heading of Article 3 (Commencing with Section 31700) of Chapter 4 of Division 10 of Title 4 of Part 6 Of, to Amend, Repeal, and Add Sections 26840, 31610, 31615, 31625, 31630, 31635, 31640, 31645, 31650, 31655, 31660, and 31700 Of, and to Add Sections 16535, 16865, and 26860 To, the Penal Code, Relating to Firearms, and Making an Appropriation Therefor. SB 683 (2013-2014) BlockOpposeYes
Existing law, subject to exceptions, prohibits a person from purchasing or receiving any handgun without a valid handgun safety certificate, and prohibits any person from selling, delivering,… More
Existing law, subject to exceptions, 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, and subject to exceptions, prohibit a person from purchasing or receiving any firearm without a valid firearm safety certificate, and would, subject to exceptions, 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. The bill would, commencing January 1, 2015, and subject to exceptions, require a safe handling demonstration for purchasers of long guns, and would require the Department of Justice to adopt regulations to establish a long gun safe handling demonstration no later than January 1, 2015. The bill would define the term “long gun” for these purposes. 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 an appropriation. This bill would incorporate amendments to Section 28160 of the Penal Code proposed by AB 538, to become operative if both bills are enacted and this bill is chaptered last. 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. Hide
An Act to Amend Sections 29805 and 30305 of the Penal Code, and to Amend Section 8103 of the Welfare and Institutions Code, Relating to Firearms. SB 755 (2013-2014) WolkOpposeNo
(1)Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have… More
(1)Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Under existing law, a violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes it a misdemeanor or a felony for a person who is prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under custody or control, any ammunition or reloaded ammunition. This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above. The bill would also apply the above 10-year prohibition to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving intoxication or possession of certain controlled substances for sale and would make a violation punishable as an infraction. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation punishable as an infraction. The bill would also make it an infraction for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. By changing the definition of a crime, and by creating new crimes, this bill would impose a state-mandated local program. (2)Existing law prohibits certain specified individuals, including a person who has been adjudicated a danger to others as a result of a mental disorder or mental illness, a person who has been adjudicated a mentally disordered sex offender, a person who has been found not guilty by reason of insanity, or a person who has been placed under conservatorship by a court, among others, from possessing firearms or deadly weapons. Existing law authorizes a court to order a person to obtain assisted outpatient treatment if certain criteria are met, including that the person is suffering from a mental illness and is unlikely to survive safely in the community without supervision. This bill would prohibit a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. The bill would require the court to notify the Department of Justice of the order prohibiting the person from possessing a firearm or other deadly weapon within 2 days of the order, and to notify the Department of Justice when the person is no longer subject to assisted outpatient treatment. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (3)Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest. This bill would make a legislative finding and declaration relating to the necessity of treating reports to the Department of Justice as confidential in order to protect the privacy of individuals ordered to obtain assisted outpatient treatment. (4)This bill would incorporate changes to Section 8103 of the Welfare and Institutions Code proposed by AB 1131, that would become operative on the date this bill becomes operative only if AB 1131 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last. (5)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. Hide
Relative to Firearms. SJR 1 (2013-2014) WolkOpposeYes
This measure would urge the President and Congress of the United States to develop a comprehensive federal approach to reducing and preventing gun violence, promptly place assault weapons and… More
This measure would urge the President and Congress of the United States to develop a comprehensive federal approach to reducing and preventing gun violence, promptly place assault weapons and high-capacity assault magazines under the scope of the National Firearms Act, and require a universal background check through the National Instant Criminal Background Check System (NICS) for the transfer of all firearms. This measure would additionally urge the President to take steps to ensure that all states and applicable federal agencies are reporting all necessary records to the NICS. Hide
An Act to Amend Sections 7574.14 and 7582.2 of the Business and Professions Code, and to Amend Sections 16520, 16750, 16850, 25595, and 25605 Of, to Add Sections 626.92, 16950, 17040, 17295, 17512, and 25590 To, and to Add Chapter 6 (Commencing with Section 26350) to Division 5 of Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. AB 144 (2011-2012) PortantinoOpposeYes
Existing law, subject to certain exceptions, makes it an offense to carry a concealed handgun on the person or in a vehicle, as specified. Existing law provides that firearms carried openly in belt… More
Existing law, subject to certain exceptions, makes it an offense to carry a concealed handgun on the person or in a vehicle, as specified. Existing law provides that firearms carried openly in belt holsters are not concealed within the meaning of those provisions. This bill would establish an exemption to the offense for transportation of a firearm between certain areas where the firearm may be carried concealed, or loaded, or openly carried unloaded, as specified. Existing law prohibits, with exceptions, a person from possessing a firearm in a place that the person knows or reasonably should know is a school zone, as defined. This bill would additionally exempt a security guard authorized to openly carry an unloaded handgun and an honorably retired peace officer authorized to openly carry an unloaded handgun from that prohibition. Existing law, subject to certain exceptions, makes it an offense to carry a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory. The bill would, subject to exceptions, make it a misdemeanor to openly carry an unloaded handgun on the person or openly and exposed in a motor vehicle in specified public areas and would make it a misdemeanor with specified penalties to openly carry an exposed handgun in a public place or public street, as specified, if the person at the same time possesses ammunition capable of being discharged from the handgun, and the person is not in lawful possession of the handgun, as specified. Existing law makes it a misdemeanor for any driver or owner of a motor vehicle to allow a person to bring a loaded firearm into the motor vehicle in a public place, as specified. This bill would expand the scope of that crime to include allowing a person to bring an open and exposed unloaded handgun into the vehicle, as specified. By creating a new offense, and expanding the scope of existing crimes, this bill would impose a state-mandated local program. The bill would make conforming and nonsubstantive technical changes. 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. Hide
An Act to Amend Sections 7574.14 and 7582.2 of the Business and Professions Code, and to Amend Sections 626.92, 16520, 16750, 16850, and 17295 Of, to Add Sections 16505, 26366.5, 26390, and 26391 To, and to Add Chapter 7 (Commencing with Section 26400) to Division 5 of Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. AB 1527 (2011-2012) PortantinoOpposeYes
Existing law prohibits, with exceptions, a person from possessing a firearm in a place that the person knows or reasonably should know is a school zone, as defined. This bill would, additionally,… More
Existing law prohibits, with exceptions, a person from possessing a firearm in a place that the person knows or reasonably should know is a school zone, as defined. This bill would, additionally, exempt a security guard authorized to openly carry an unloaded firearm that is not a handgun and an honorably retired peace officer authorized to openly carry an unloaded firearm that is not a handgun from that prohibition. Existing law, subject to certain exceptions, makes it an offense for a person to carry an exposed and unloaded handgun on his or her person outside a motor vehicle or inside or on a motor vehicle in public areas and public streets, as specified. This bill would exempt a person from the crime of openly carrying an unloaded handgun if he or she is in compliance with specified provisions relating to carrying a handgun in an airport or the open carrying of an unloaded handgun by a licensed hunter while actually engaged in training a hunting dog or while transporting the handgun while going to or from that training. This bill would, subject to exceptions, make it a misdemeanor for a person to carry an unloaded firearm that is not a handgun on his or her person outside a motor vehicle in an incorporated city or city and county and would make it a misdemeanor with specified penalties if a person carries an unloaded firearm that is not a handgun outside a motor vehicle in an incorporated city or city and county and the person at the same time possesses ammunition capable of being discharged from the unloaded firearm that is not a handgun, and the person is not in lawful possession of the unloaded firearm that is not a handgun, as specified. By creating a new offense, and expanding the scope of existing crimes, this bill would impose a state-mandated local program. The bill would make conforming technical changes. This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 1366, that would become operative only if SB 1366 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. 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. Hide
An Act to Amend Sections 28240 and 33300 of the Penal Code, Relating to Firearms. AB 1559 (2011-2012) PortantinoOpposeYes
(1)Existing law allows the Department of Justice to require a firearms dealer to charge a firearm purchaser a fee not to exceed $14, which may be adjusted at a rate not to exceed any increase in the… More
(1)Existing law allows the Department of Justice to require a firearms dealer to charge a firearm purchaser a fee not to exceed $14, which may be adjusted at a rate not to exceed any increase in the California Consumer Price Index. Existing law, until January 1, 2014, provides that only one fee shall be charged for a single transaction on the same date for the sale of any number of firearms that are not handguns, or for the taking of possession of those firearms. Existing law requires, in a single transaction on the same date for the delivery of any number of firearms that are handguns, and commencing January 1, 2014, for any firearm, that the department charge a reduced fee for the second and subsequent firearms that are part of that transaction. Existing law provides that only one fee shall be charged for a single transaction on the same date for taking title or possession of any number of firearms pursuant to certain specified provisions of law. This bill would instead provide that until January 1, 2014, only one fee shall be charged for a single transaction on the same date for the sale of any number of firearms that are not handguns, or for the taking of possession of those firearms, and beginning January 1, 2014, provide that only one fee shall be charged for a single transaction on the same date for taking title or possession of any number of firearms, including handguns. (2)Existing law authorizes the Department of Justice to issue a permit for the manufacture, possession, transportation, or sale of short-barreled rifles or short-barreled shotguns upon a showing that good cause, as specified, exists for the issuance of a permit to the applicant and the Department of Justice finds that the issuance of the permit does not endanger public safety. This bill would add the importation of short-barreled rifles or short-barreled shotguns to the activities for which a permit may be issued pursuant to the above provision. The bill would state that the amendments to this provision made by this bill are declaratory of existing law. Hide
An Act to Amend Section 21628.2 of the Business and Professions Code, to Amend Sections 17000, 26600, 26610, 26615, 26805, 26820, 26840, 26845, 26850, 26865, 26890, 26905, 26955, 26960, 26965, 27050, 27060, 27065, 27130, 27400, 27410, 27415, 27540, 27560, 27565, 27590, 27600, 27610, 27615, 27655, 27660, 27665, 27730, 27860, 27875, 27880, 27920, 28000, 28060, 28100, 28160, 28170, 28180, 28210, 28215, 28220, 28230, 28240, 28245, 28400, 28410, 28415, 30105, 30150, 30160, 30165, 31705, 31715, 31720, 31735, 33850, 33860, 33865, 34355, 34365, and 34370 Of, to Amend and Repeal Sections 27110, 27710, 27870, 27915, 27965, 28165, 31775, 31795, and 33890 Of, to Amend, Repeal, and Add Section 11106 Of, and to Add Section 27966 To, the Penal Code, Relating to Firearms. AB 809 (2011-2012) FeuerOpposeYes
Existing law generally regulates the transfer of firearms and provides for retaining specified information regarding firearm transfers by the Department of Justice. Existing law establishes different… More
Existing law generally regulates the transfer of firearms and provides for retaining specified information regarding firearm transfers by the Department of Justice. Existing law establishes different requirements regarding reportable information for handguns and firearms that are not handguns. Under existing law, the Department of Justice requires firearms dealers to keep a register or record of electronic or telephonic transfers of information pertaining to firearms transactions, as specified. Existing law exempts from these requirements certain transactions involving firearms that are not handguns. This bill would conform those provisions so that the transfers and information reporting and retention requirements for handguns and firearms other than handguns are the same. This bill would provide that those exemptions become inoperative on January 1, 2014. Existing law, subject to specified exceptions, prohibits peace officers, Department of Justice employees, and the Attorney General from retaining or compiling certain information relating to transactions regarding firearms that are not handguns, as specified. A violation of these provisions is a misdemeanor. This bill would provide that those provisions are repealed on January 1, 2014, and thereafter would require those peace officers to retain and compile information regarding firearms that are not handguns, as specified. Existing law requires a personal handgun importer to report certain information relative to bringing a handgun into the state, as specified. Violation of these provisions is a misdemeanor. This bill would, commencing January 1, 2014, apply these reporting requirements instead to a “personal firearm importer,” as defined, and would expand the reporting requirements to apply to the importation of firearms that are not handguns. The bill would further prohibit a personal firearm importer from importing a firearm that is a .50 BMG rifle or a destructive device. By expanding these provisions, the violation of which is a crime, this bill would impose a state-mandated local program. This bill would incorporate changes to Section 27590 of the Penal Code made by AB 109, which is chaptered but not yet operative. The bill would make additional conforming changes and would make additional technical, nonsubstantive changes. 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. Hide
An Act to Amend Section 3960 Of, to Add Sections 3032, 3960.2, 3960.4, and 3960.6 To, and to Repeal Section 4756 Of, the Fish and Game Code, Relating to Mammals. SB 1221 (2011-2012) LieuOpposeYes
Existing law makes it unlawful to permit or allow a dog to pursue any big game mammal, as defined, during the closed season, or any fully protected, rare, or endangered mammal at any time. Existing… More
Existing law makes it unlawful to permit or allow a dog to pursue any big game mammal, as defined, during the closed season, or any fully protected, rare, or endangered mammal at any time. Existing law authorizes employees of the Department of Fish and Game to capture any dog not under the reasonable control of its owner or handler, that is in violation of that provision, or that is inflicting, or immediately threatening to inflict, injury in violation of this provision. Existing law generally prohibits a person from using dogs to hunt, pursue, or molest bears,, but allows the use of one dog per hunter for the hunting of bears during open deer season, and the use of more than one dog per hunter during the open bear season except during the period when archery deer seasons or regular deer seasons are open. Under existing law, except as excluded, violations of the Fish and Game Code are misdemeanors. This bill, except as specified, would generally make it unlawful to permit or allow a dog to pursue a bear, as defined, or bobcat at any time. The bill would exempt from that prohibition the use of dogs by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties as required by law. The bill would eliminate existing provisions allowing for the use of dogs to hunt bears, and would, instead, authorize the use of not more than 3 dogs to pursue bears or bobcats pursuant to a depredation permit issued by the department. The bill would authorize the department to authorize specified entities to use dogs to pursue bears or bobcats for the purpose of scientific research, under certain conditions. The bill would also authorize the pursuit of bears or bobcats by dogs that are guarding or protecting livestock or crops on property owned, leased, or rented by the owner of the dogs, if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protected. The bill would authorize the Fish and Game Commission to establish a hound tag program, imposing prescribed requirements on the licensure and use of hounds, as defined, to pursue mammals. By changing the definition of a crime, this bill would impose a state-mandated local program. 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. Hide
An Act Relating to the Payment of Claims Against the State, Making an Appropriation Therefor, and Declaring the Urgency Thereof, to Take Effect Immediately. SB 124 (2011-2012) KehoeOpposeYes
Existing law authorizes a procedure for the payment of claims against the state. This bill would appropriate $1,422,000 to specified entities to pay for specified settlements of claims against the… More
Existing law authorizes a procedure for the payment of claims against the state. This bill would appropriate $1,422,000 to specified entities to pay for specified settlements of claims against the state. This bill would declare that it is to take effect immediately as an urgency statute. Hide
An Act to Amend Section 53071.5 of the Government Code, Relating to Imitation Firearms. SB 1315 (2011-2012) De LeonOpposeYes
Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt… More
Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles, as specified. Existing law defines “imitation firearm” as any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. This bill would provide an exception to those provisions by authorizing the County of Los Angeles, or any city within the County of Los Angeles, to enact and enforce an ordinance or resolution that is more restrictive than state law regulating the manufacture, sale, possession, or use of any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm and that expels a projectile that is no more than 16 millimeters in diameter. Hide
An Act to Amend Sections 16520, 26835, and 27535 Of, and to Add Division 4.5 (Commencing with Section 25250) to Title 4 of Part 6 Of, the Penal Code, Relating to Firearms. SB 1366 (2011-2012) DeSaulnierOpposeNo
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported… More
(1)Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center. This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would make it a misdemeanor for any person to make a report to a local law enforcement agency that a firearm has been lost or stolen, knowing the report to be false. By creating new crimes, this bill would impose a state-mandated local program. The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice automated property system for firearms. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified. (2)Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person’s handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase. This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill. (3)This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by AB 1527, that would become operative only if AB 1527 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. (4)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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Hide
SB 249 (2011-2012) YeeOpposeNo
SB 427 (2011-2012) De LeonOpposeNo
An Act to Repeal and Add Section 53071.5 of the Government Code, Relating to Imitation Firearms. SB 798 (2011-2012) De LeonOpposeNo
Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt… More
Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles, as specified. Existing law defines “imitation firearm” to include a “BB device” and defines a “BB device,” for specified purposes, to include any spot marker gun. This bill would narrow those preemption provisions to instead provide that it is the intent of the Legislature to occupy the entire field of regulation of spot marker guns which expel a projectile larger than 16mm, and that no city, county, city and county, or other local government entity may enact any ordinance or resolution prohibiting or regulating the manufacture, sale, possession, or use of any spot marker gun which expels a projectile larger than 16mm. Hide
An Act to Amend Section 21628.2 of the Business and Professions Code, and to Amend Sections 11106, 12001, 12021.3, 12071, 12072, 12073, 12076, 12077, 12077.5, 12078, and 12082 of the Penal Code, Relating to Firearms. AB 1810 (2009-2010) FeuerOpposeNo
Existing law generally regulates the transfer of firearms and provides for retaining specified information regarding firearm transfers by the Department of Justice. Existing law establishes different… More
Existing law generally regulates the transfer of firearms and provides for retaining specified information regarding firearm transfers by the Department of Justice. Existing law establishes different requirements regarding reportable information for handguns and firearms that are not handguns. This bill would conform those provisions so that the transfers and information reporting and retention requirements for handguns and firearms other than handguns are the same. Existing law, subject to exceptions, prohibits peace officers, Department of Justice employees, and the Attorney General from retaining or compiling certain information relating to transactions regarding firearms that are not handguns, as specified. Violation of these provisions is a misdemeanor. This bill would provide that those provisions become inoperative on July 1, 2012, and thereafter would require compilation and retention of the information, as specified. Existing law requires a personal handgun importer to report certain information relative to bringing a handgun into the state, as specified. Violation of these provisions is a misdemeanor. This bill would, commencing July 1, 2012, apply these reporting requirements instead to a “personal firearm importer,” as defined, and would expand the reporting requirements to apply to the importation of firearms that are not handguns. By expanding these provisions, the violation of which is a crime, this bill would impose a state-mandated local program. Under existing law, the Department of Justice requires firearms dealers to keep a register or record of electronic or telephonic transfers of information pertaining to firearms transactions, as specified. Existing law exempts from these requirements certain transactions involving firearms that are not handguns. This bill would provide that those exemptions become inoperative on July 1, 2012. This bill would incorporate amendments to Section 12001 of the Penal Code proposed by AB 1934, contingent on the prior enactment of that bill. This bill would incorporate amendments to Section 12077 of the Penal Code proposed by SB 282, contingent on the prior enactment of that bill.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. Hide
An Act to Amend Sections 7574.14 and 7582.2 of the Business and Professions Code, and to Amend Sections 626.9, 12001, 12025, 12026, 12026.2, and 12590 Of, and to Add Section 12037 To, the Penal Code, Relating to Firearms. AB 1934 (2009-2010) SaldanaOpposeNo
Existing law, subject to exceptions, makes it an offense to carry a concealed handgun on the person or in a vehicle, as specified. Existing law provides that firearms carried openly in belt holsters… More
Existing law, subject to exceptions, makes it an offense to carry a concealed handgun on the person or in a vehicle, as specified. Existing law provides that firearms carried openly in belt holsters are not concealed within the meaning of those provisions. This bill would delete the exception pertaining to firearms carried openly in belt holsters. The bill would also establish an exemption to the offense for transportation of a firearm by members of specified organizations going directly to or from official parade duty or ceremonial occasions, as specified. The bill would provide other exemptions. By expanding the scope of an existing offense, this bill would impose a state-mandated local program. Existing law, subject to exceptions, makes it an offense to carry a loaded firearm in specified public areas. The bill would, subject to exceptions, make it a misdemeanor to openly carry an unloaded handgun on the person in specified public areas. By creating a new offense, this bill would impose a state-mandated local program. The bill would make conforming and nonsubstantive technical changes. The bill would incorporate amendments to Section 12001 of the Penal Code, proposed by AB 1810, contingent on the prior enactment of that bill. 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. Hide
An Act to Add Section 23394.1 To, and to Add Chapter 19 (Commencing with Section 26000) to Division 9 Of, the Business and Professions Code, to Amend Sections 7597 and 68152 of the Government Code, to Amend Sections 1596.795, 11014.5, 11054, 11357, 11364.5, 11370, 11470, 11488, 11532, 11703, 11705, 118880, 118885, 118890, 118895, 118900, 118905, 118915, 118925, and 118935 Of, and to Add Division 10.3 (Commencing with Section 11720) To, and to Repeal Sections 11358, 11359, 11360, and 11485 Of, the Health and Safety Code, to Amend Section 6404.5 of the Labor Code, to Amend Section 561 of the Public Utilities Code, to Add Part 14.6 (Commencing with Section 34001) to Division 2 of the Revenue and Taxation Code, to Amend Sections 23222 and 40000.15 of the Vehicle Code, and to Amend Sections 4138 and 18901.3 of the Welfare and Institutions Code, Relating to Marijuana. AB 390 (2009-2010) AmmianoSupportNo
Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of… More
Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes. This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead provide for regulation by the Department of Alcoholic Beverages of the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives, not including medical marijuana, by persons 21 years of age and older, for specified purposes. It would set up a wholesale and retail marijuana sales regulation program to be administered and enforced by the department, that imposes special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued by the department. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. The bill would make existing prohibitions against the smoking of tobacco products in specified areas, including public offices and restaurants, applicable to the smoking of marijuana products. It would make other conforming changes. By creating various crimes for violations of regulations and laws created by this act, this bill would impose a state-mandated local program. 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. Hide